Fraudulent debt collection

[Stanleyman]

My ex bought me a car whilst we were in a relationship, I have emails to prove that the car was purchased as a gift. The car was paid in full from their bank account. Two years later and a year out of the relationship, my ex has instructed bailiffs without warning to recover the car. The bailiff waived a bank statement as proof of ownership, though the car is in my name. I sent them away, asking for a court order. Hours later, I received an email from the bailiff demanding the amount paid for the car, not the actual car. I am unemployed and cannot find work if I lose the car, nor can I afford a solicitor. What are my options?

[R0b]

Hello

I think you need to try and establish the full background from the bailiff because you may have a county court judgment registered against your name, if you are not already aware. If I were you, I would respond to the email with some initial questions below.


1. Explain to the bailiff you are unaware of this dispute. Ask them to clarify in what official capacity are they acting on behalf of their client e.g. are they a county court bailiff or a High Court Enforcement Officer, or are they acting in no official capacity? Remind them that the Taking Control of Goods: National Standards 2014 explicitly states that bailiffs should not be deceitful by misrepresenting their powers and so you would like to know the capacity they are acting.

2. Does the bailiff have a warrant in their possession? If so, please send a copy of that warrant by email.

- - - - - - -

Something feels a bit fishy because bailiffs will normally act in their official capacity which means that your ex-partner would have had to issue legal proceedings, obtained a county court judgment against you then paid to instruct bailiffs to collect the car. Most bailiffs are aggressive in the way they act and by immobilizing vehicles first (rightly or wrongly) and thinking about the consequences after.

If the bailiff simply walked away when you asked for a court order, that could suggest they may not be acting officially, or they may do but they don't have the right paperwork to take enforcement action, so the above questions will flush that out. If the bailiff is being evasive about the answers, ignores them or continues to demand the money, then that may give you the answer you need.

Suggest you take precautionary action too and check your credit files with all 3 agencies (Equifax, Experian, TransUnion) and see if there is a County Court Judgment. If there is, then we can guide you on next steps but you should be looking to make an application to the court to set that judgment aside.

[Stanleyman]

Hello

I think you need to try and establish the full background from the bailiff because you may have a county court judgment registered against your name, if you are not already aware. If I were you, I would respond to the email with some initial questions below.


1. Explain to the bailiff you are unaware of this dispute. Ask them to clarify in what official capacity are they acting on behalf of their client e.g. are they a county court bailiff or a High Court Enforcement Officer, or are they acting in no official capacity? Remind them that the Taking Control of Goods: National Standards 2014 explicitly states that bailiffs should not be deceitful by misrepresenting their powers and so you would like to know the capacity they are acting.

2. Does the bailiff have a warrant in their possession? If so, please send a copy of that warrant by email.

- - - - - - -

Something feels a bit fishy because bailiffs will normally act in their official capacity which means that your ex-partner would have had to issue legal proceedings, obtained a county court judgment against you then paid to instruct bailiffs to collect the car. Most bailiffs are aggressive in the way they act and by immobilizing vehicles first (rightly or wrongly) and thinking about the consequences after.

If the bailiff simply walked away when you asked for a court order, that could suggest they may not be acting officially, or they may do but they don't have the right paperwork to take enforcement action, so the above questions will flush that out. If the bailiff is being evasive about the answers, ignores them or continues to demand the money, then that may give you the answer you need.

Suggest you take precautionary action too and check your credit files with all 3 agencies (Equifax, Experian, TransUnion) and see if there is a County Court Judgment. If there is, then we can guide you on next steps but you should be looking to make an application to the court to set that judgment aside.

Thank you for your response.

I have since discovered that the man was not a bailiff, that he works for a private debt collection agency with false awards on their website. The company is not regulated by any debt collection agency body. Their complaint process is shady. How do I ditch them?

[atticus]

You do as Rob advises.