Door-step Visit by a Rndles enforcement agent

[ploddertom]

Re: Door-step Visit by a Rndles enforcement agent

Looking at this from the outside it seems as if eventually both Council & Bailiffs have accepted there is no case to answe despite it having dragged on for a while & this will be one of the reasons the LGO has refused to get involved. I would urge great caution if thinking of trying Court as you could end up with a very expensive legal bill. Unfortunately I think you are just going to have to let it all drop.

[lawman1234]

Re: Door-step Visit by a Rndles enforcement agent

Looking at this from the outside it seems as if eventually both Council & Bailiffs have accepted there is no case to answe despite it having dragged on for a while & this will be one of the reasons the LGO has refused to get involved. I would urge great caution if thinking of trying Court as you could end up with a very expensive legal bill. Unfortunately I think you are just going to have to let it all drop.

Hello Ploddertom,

Thank you for your reply.

The way I see it is that the council failed to pass on important information to Rundles when instructing them. IE: The council failed to tell Rundles that the address on the liability order was no longer a current address for the debtor. This can be seen by the fact that Rundles followed the relevant regulations to enforce the liability order instead of conducting a trace investigation which the council would have us believe is what they wanted Rundles to do. The council's failure to inform Rundles that the address on the liability order was no longer current eventually lead to the bailiff visit. The council is now trying to cover up their mistake by insisting that the bailiffs were actually attending the address as part of their tracing enquiries, whilst all the evidence points to the bailiff visiting the address for the purposes of taking control of goods. The only reason the bailiff backed off was because I had informed the bailiff that the debtor no longer resided at the address.

I believe that the Ombudsman can and should investigate the council's failure to inform Rundles of the truth about the status of the address on the liability order.

[Sir Vere Brayne d'Emmidge]

Re: Door-step Visit by a Rndles enforcement agent

Hello Ploddertom,

Thank you for your reply.

The way I see it is that the council failed to pass on important information to Rundles when instructing them. IE: The council failed to tell Rundles that the address on the liability order was no longer a current address for the debtor. This can be seen by the fact that Rundles followed the relevant regulations to enforce the liability order instead of conducting a trace investigation which the council would have us believe is what they wanted Rundles to do. The council's failure to inform Rundles that the address on the liability order was no longer current eventually lead to the bailiff visit. The council is now trying to cover up their mistake by insisting that the bailiffs were actually attending the address as part of their tracing enquiries, whilst all the evidence points to the bailiff visiting the address for the purposes of taking control of goods. The only reason the bailiff backed off was because I had informed the bailiff that the debtor no longer resided at the address.

I believe that the Ombudsman can and should investigate the council's failure to inform Rundles of the truth about the status of the address on the liability order.

Oddly enough, on the reccomendations and guidelines made before the TCE 2007 was introduced in 2014, the MOJ made it very clear to the creditors not to use Enforcement Agencies to conduct trace and investigations on their behalf. thus reporting the Council to the Ombudsman is a good idea.

[bizzybob]

Re: Door-step Visit by a Rndles enforcement agent

Agree Sir Vere, nothing ventured.

[lawman1234]

Re: Door-step Visit by a Rndles enforcement agent

Oddly enough, on the reccomendations and guidelines made before the TCE 2007 was introduced in 2014, the MOJ made it very clear to the creditors not to use Enforcement Agencies to conduct trace and investigations on their behalf. thus reporting the Council to the Ombudsman is a good idea.

Hello Sir Vere,

I have today received the Ombudsman's final decision which in summary states as follows:

"I will not start an investigation because there is insufficient evidence that Mr X has been caused a significant personal injustice."

So much for the ombudsman, hey.

[lawman1234]

Re: Door-step Visit by a Rndles enforcement agent

Agree Sir Vere, nothing ventured.

Hello Bizzybob,

As the ombudsman's final decision is not to investigate my complaint, I have considered taking my complaint up with the bailiff company, on the basis that according to the council they were only instructed to conduct a tracing enquiry to locate the debtor and were not required to perform an enforcement activity. It appears from the evidence that the bailiff company performed an enforcement activity in that they sent a notice of enforcement and before attending at my address. This might amount to abuse of process as they have used the control of goods regulations / TCEA for a purpose other than that for which those regulations / TCEA were intended.

Any thoughts, suggestions or advice would be welcomed.:marchmellow:

[Sir Vere Brayne d'Emmidge]

Re: Door-step Visit by a Rndles enforcement agent

Hello Bizzybob,

As the ombudsman's final decision is not to investigate my complaint, I have considered taking my complaint up with the bailiff company, on the basis that according to the council they were only instructed to conduct a tracing enquiry to locate the debtor and were not required to perform an enforcement activity. It appears from the evidence that the bailiff company performed an enforcement activity in that they sent a notice of enforcement and before attending at my address. This might amount to abuse of process as they have used the control of goods regulations / TCEA for a purpose other than that for which those regulations / TCEA were intended.

Any thoughts, suggestions or advice would be welcomed.:marchmellow:

You'd be wasting your time and the cost of a postage stamp.

Any Enforcement Agency would not accept work from any source just to perform a tracing enquiry, this type of work is given to somebody lie Experia or another Credit Check Company, the Council have used that explanation, but they were extremely dishonest.

Think about it: would you work for nothing? That is what the Council wants you to believe, besides, any Enforcement Agent would not be able to attend any address unless they were instructed to do so by having given a Warrant of Control for a person at one address, which is issued on behalf of the local authority by the Court.

Ask the Council to confirm in writing that they only instructed the EA to do tracing ..... you'll be waiting for a reply for a very long time!

[lawman1234]

Re: Door-step Visit by a Rndles enforcement agent

You'd be wasting your time and the cost of a postage stamp.

Any Enforcement Agency would not accept work from any source just to perform a tracing enquiry, this type of work is given to somebody lie Experia or another Credit Check Company, the Council have used that explanation, but they were extremely dishonest.

Think about it: would you work for nothing? That is what the Council wants you to believe, besides, any Enforcement Agent would not be able to attend any address unless they were instructed to do so by having given a Warrant of Control for a person at one address, which is issued on behalf of the local authority by the Court.

Ask the Council to confirm in writing that they only instructed the EA to do tracing ..... you'll be waiting for a reply for a very long time!

Thank you for your comments, Sir Vere, they are welcomed. Do you have any suggestions as to what other recourse I could take?

[Sir Vere Brayne d'Emmidge]

Re: Door-step Visit by a Rndles enforcement agent

Thank you for your comments, Sir Vere, they are welcomed. Do you have any suggestions as to what other recourse I could take?

Write to your MP and get your local newspaper involved, maybe by writing to the editor.