Wrongful bailiff visit's
Author
Discussion

scottyp123

Original Poster:

3,881 posts

85 months

Tuesday 17th November 2020
quotequote all
Is there some form of recompense for this happening as its getting a bit of a joke now. No me but my business partner, what has happened is a couple of years ago he went over the new Mersey bridge a couple of times and apparently he didn't see the signs so subsequently got a couple of tickets. However it was right at the time he moved house so never got any paperwork for it, it was only when he updated the log book that he got the letters for it anf by then it was at the court stage.

So with my help we filled in the TE7 and TE9 forms for both tickets explaining what had happened and to my surprise we got them both rescinded back to the notice to owner stage. He then gets the NTO and pays both tickets.

Fast forward a few weeks and he gets knocked out of bed at about 6 in the morning by a couple of bailiffs looking for the money, after a bit of the "I'm a hard bailiff routine" my mate found the paperwork and the bailiff left with his tails between his legs apologising profusely, he also took pictures of the court letter.

Fast forward to today and he had the bailiff knocking him up again for the same ticket, this time they had already clamped his car and were giving it the biggun again. I heard most of the threats they gave threatening to clamp our van as well as the car for a £300 debt, the car itself is worth about £2K. Because I'm so organised I found the court receipts in seconds on my PC and was able to read out the PCN numbers to him etc as a bit of proof.

This didn't really deter him though as he was only ever interested in his commission and kept on with the threats, its only when I got my mate to calm down over the phone as he was obviously quite upset that he managed to ring Mersey Flow and give them the info, to be fair to the woman at Mersey flow she could see it was an almighty cockup and told the bailiffs they needed to get off his property right away.

So with that in mind what would you do next, one cock up is bad enough but to have it happen twice and your car clamped in front of the neighbours must be awful, his 5 year old son had to go to school so needed to walk past these two "policeman" type people threatening daddy. His girlfreid is pretty nervous at the best of times and has since rang him to say they are still sat in their van at the end of the road, probably just doing their paperwork though. They both had body cams on so can you request the footage as you can with the police?

Daft as it may seem, according to my mate when they removed the clamp and were going they said you wouldn't believe how often this happens. So if this is true then it just shows how despicable they are when they start wit the bullying I'm going to take all your stuff routine, maybe they should find out the facts first if its in such disarray.

untakenname

5,351 posts

221 months

Tuesday 17th November 2020
quotequote all
Call the police as soon as they arrive, I moved house and had similar with multiple visits due to the previous tenant racking up debts.

Despite not being on the electoral role at the address high court enforcement still tried to enter, the third time it happened I left them waiting outside for three hours before the police arrived and then showed the evidence to the Police that I wasn't the debtor.


Make a request for the footage from the bailiffs bodycam and then take it further.

https://ico.org.uk/your-data-matters/your-right-to...

paintman

7,860 posts

219 months

Tuesday 17th November 2020
quotequote all
Whilst the woman at 'Mersey Flow' might have been ever so apologetic what has she told your business partner she intends to do about it as regards to getting it all called off?

What type of bailiffs & from which company were involved?

scottyp123

Original Poster:

3,881 posts

85 months

Tuesday 17th November 2020
quotequote all
The bailiffs were Mattson's, not sure in which capacity they were operating under, high court etc.

Who wod you request the camera footage off, Mattson's or merseyflow?

Psycho Warren

3,087 posts

142 months

Tuesday 17th November 2020
quotequote all
Cut the clamp off next time as it will be an illegal clamping.

pavarotti1980

6,331 posts

113 months

Tuesday 17th November 2020
quotequote all
scottyp123 said:
The bailiffs were Mattson's, not sure in which capacity they were operating under, high court etc.

Who wod you request the camera footage off, Mattson's or merseyflow?
Was it not Marston's? Their name seems to pop up a lot with unscrupulous enforcement

Jimmy Recard

17,550 posts

208 months

Tuesday 17th November 2020
quotequote all
pavarotti1980 said:
Was it not Marston's? Their name seems to pop up a lot with unscrupulous enforcement
I don't know about that but their brewing is criminal

the tribester

2,928 posts

115 months

Tuesday 17th November 2020
quotequote all
Surely, if the baliffs have a court order in their hand, they're just doing their job collecting the debt.
It's others that have failed to do their jobs properly.

Alucidnation

16,810 posts

199 months

Tuesday 17th November 2020
quotequote all
scottyp123 said:
Is there some form of recompense for this happening as its getting a bit of a joke now. No me but my business partner, what has happened is a couple of years ago he went over the new Mersey bridge a couple of times and apparently he didn't see the signs so subsequently got a couple of tickets. However it was right at the time he moved house so never got any paperwork for it, it was only when he updated the log book that he got the letters for it anf by then it was at the court stage.

So with my help we filled in the TE7 and TE9 forms for both tickets explaining what had happened and to my surprise we got them both rescinded back to the notice to owner stage. He then gets the NTO and pays both tickets.

Fast forward a few weeks and he gets knocked out of bed at about 6 in the morning by a couple of bailiffs looking for the money, after a bit of the "I'm a hard bailiff routine" my mate found the paperwork and the bailiff left with his tails between his legs apologising profusely, he also took pictures of the court letter.

Fast forward to today and he had the bailiff knocking him up again for the same ticket, this time they had already clamped his car and were giving it the biggun again. I heard most of the threats they gave threatening to clamp our van as well as the car for a £300 debt, the car itself is worth about £2K. Because I'm so organised I found the court receipts in seconds on my PC and was able to read out the PCN numbers to him etc as a bit of proof.

This didn't really deter him though as he was only ever interested in his commission and kept on with the threats, its only when I got my mate to calm down over the phone as he was obviously quite upset that he managed to ring Mersey Flow and give them the info, to be fair to the woman at Mersey flow she could see it was an almighty cockup and told the bailiffs they needed to get off his property right away.

So with that in mind what would you do next, one cock up is bad enough but to have it happen twice and your car clamped in front of the neighbours must be awful, his 5 year old son had to go to school so needed to walk past these two "policeman" type people threatening daddy. His girlfreid is pretty nervous at the best of times and has since rang him to say they are still sat in their van at the end of the road, probably just doing their paperwork though. They both had body cams on so can you request the footage as you can with the police?

Daft as it may seem, according to my mate when they removed the clamp and were going they said you wouldn't believe how often this happens. So if this is true then it just shows how despicable they are when they start wit the bullying I'm going to take all your stuff routine, maybe they should find out the facts first if its in such disarray.
Tell him to pay it.



InitialDave

15,085 posts

148 months

Tuesday 17th November 2020
quotequote all
Alucidnation said:
Tell him to pay it.
Pay what?
scottyp123 said:
to my surprise we got them both rescinded back to the notice to owner stage. He then gets the NTO and pays both tickets.

The Mad Monk

11,465 posts

146 months

Tuesday 17th November 2020
quotequote all
scottyp123 said:
No me but my business partner,
So, it's all hearsay?

Why are you doing all this typing?

Why can't your business partner do it?

MrGTI6

3,304 posts

159 months

Tuesday 17th November 2020
quotequote all
Alucidnation said:
scottyp123 said:
Is there some form of recompense for this happening as its getting a bit of a joke now. No me but my business partner, what has happened is a couple of years ago he went over the new Mersey bridge a couple of times and apparently he didn't see the signs so subsequently got a couple of tickets. However it was right at the time he moved house so never got any paperwork for it, it was only when he updated the log book that he got the letters for it anf by then it was at the court stage.

So with my help we filled in the TE7 and TE9 forms for both tickets explaining what had happened and to my surprise we got them both rescinded back to the notice to owner stage. He then gets the NTO and pays both tickets.

Fast forward a few weeks and he gets knocked out of bed at about 6 in the morning by a couple of bailiffs looking for the money, after a bit of the "I'm a hard bailiff routine" my mate found the paperwork and the bailiff left with his tails between his legs apologising profusely, he also took pictures of the court letter.

Fast forward to today and he had the bailiff knocking him up again for the same ticket, this time they had already clamped his car and were giving it the biggun again. I heard most of the threats they gave threatening to clamp our van as well as the car for a £300 debt, the car itself is worth about £2K. Because I'm so organised I found the court receipts in seconds on my PC and was able to read out the PCN numbers to him etc as a bit of proof.

This didn't really deter him though as he was only ever interested in his commission and kept on with the threats, its only when I got my mate to calm down over the phone as he was obviously quite upset that he managed to ring Mersey Flow and give them the info, to be fair to the woman at Mersey flow she could see it was an almighty cockup and told the bailiffs they needed to get off his property right away.

So with that in mind what would you do next, one cock up is bad enough but to have it happen twice and your car clamped in front of the neighbours must be awful, his 5 year old son had to go to school so needed to walk past these two "policeman" type people threatening daddy. His girlfreid is pretty nervous at the best of times and has since rang him to say they are still sat in their van at the end of the road, probably just doing their paperwork though. They both had body cams on so can you request the footage as you can with the police?

Daft as it may seem, according to my mate when they removed the clamp and were going they said you wouldn't believe how often this happens. So if this is true then it just shows how despicable they are when they start wit the bullying I'm going to take all your stuff routine, maybe they should find out the facts first if its in such disarray.
Tell him to pay it.
I thought it would take longer than the first page. rolleyes

320d is all you need

2,114 posts

72 months

Tuesday 17th November 2020
quotequote all
InitialDave said:
Alucidnation said:
Tell him to pay it.
Pay what?
scottyp123 said:
to my surprise we got them both rescinded back to the notice to owner stage. He then gets the NTO and pays both tickets.
Alucidation from what I can tell posts randomly on threads without reading their content, for his own amusement

OP - Complain to the Bailiff company.
Write via letter.
I would also go that any further attempts to visit the property would be subject to a £50 fee and failure to pay will result in clamping of their van (especially if it's parked on your driveway!)

Very stressful, fortunately never had to deal with Bailiffs personally.

The issue here is just that one department is not talking to another department which means that the Bailiffs genuinely believe you haven't paid the debt and for whatever reason that message that you have isn't going through.

It is a bit of an unregulated industry, and yes it does attract a certain type of person (wannabe policeman mixed with bouncer)

Driver101

14,451 posts

150 months

Tuesday 17th November 2020
quotequote all
I can't help notice when I stumble across threads with Scotty he's having issues. It seems odd to find yourself in the middle of so many situations.

As per other threads and posts I wouldn't be putting much confidence in how accurate the versions of events we are getting are.

Alucidnation

16,810 posts

199 months

Tuesday 17th November 2020
quotequote all
Driver101 said:
I can't help notice when I stumble across threads with Scotty he's having issues. It seems odd to find yourself in the middle of so many situations.

As per other threads and posts I wouldn't be putting much confidence in how accurate the versions of events we are getting are.
Eggsackerly.

berlintaxi

8,535 posts

202 months

Tuesday 17th November 2020
quotequote all
320d is all you need said:
OP - Complain to the Bailiff company.
Write via letter.
I would also go that any further attempts to visit the property would be subject to a £50 fee and failure to pay will result in clamping of their van (especially if it's parked on your driveway!)

Very stressful, fortunately never had to deal with Bailiffs personally.
You can tell with that sort of ridiculous advice.

scottyp123

Original Poster:

3,881 posts

85 months

Tuesday 17th November 2020
quotequote all
pavarotti1980 said:
scottyp123 said:
The bailiffs were Mattson's, not sure in which capacity they were operating under, high court etc.

Who wod you request the camera footage off, Mattson's or merseyflow?
Was it not Marston's? Their name seems to pop up a lot with unscrupulous enforcement
Yes Marstons, my fingers are much too fat to use a telephone screen properly.

scottyp123

Original Poster:

3,881 posts

85 months

Tuesday 17th November 2020
quotequote all
Driver101 said:
I can't help notice when I stumble across threads with Scotty he's having issues. It seems odd to find yourself in the middle of so many situations.

As per other threads and posts I wouldn't be putting much confidence in how accurate the versions of events we are getting are.
If you read properly its my mate this time that is having the issues, I was safely tucked up in bed when he rang me to get the info up on the ticket. Whether you believe me or not doesn't really matter but anything I have posted in this thread and any others is pretty much how things happened as I remembered them.

I do agree though I seem to have more than my fair share of disasters, even when my dad was alive he used to say I must be cursed with the amount of things that went wrong, usually when trying to repair cars. There is a thread on pepipoo somewhere from a year ago about this when all this first came to light if you want a custard test.



scottyp123

Original Poster:

3,881 posts

85 months

Tuesday 17th November 2020
quotequote all
The Mad Monk said:
scottyp123 said:
No me but my business partner,
So, it's all hearsay?

Why are you doing all this typing?

Why can't your business partner do it?
Not really, I do all the clerical side of everything, he would just stick his head in the sand until he had no money left whatsoever. And also I love getting stuck in to st like this. When my mate first rang me we had a 3 way conversation and the bailiff's first words were "we are here for two reasons only, either we get the money or we leave with the goods" within seconds I had copies of the court forms in front of me and was able to read back to the bailiff the ticket and court serial numbers etc.

I was that certain we were in the right that I told my mate to just let them impound the car if they want and under no circumstances to give them any money, they would almost certainly be bringing the car back before the end of the day. I then heard the bailiff say "don't listen to your mate, thats bad advice" so I knew then it was all over for them. A call to Mersey flow got them to call the dogs off in no time.

So after them stating as fact they would either be leaving with money or goods they in fact left with fk all, that was the enjoyable bit as you can imagine.

wazztie16

1,681 posts

160 months

Tuesday 17th November 2020
quotequote all
If they come again, video them.

I was at someone's house, bailiff turned up, not a nice guy.

I pulled my phone out and started recording him, his attitude soon changed.

Perfectly legal as I was on the friends property, so was the bailiff (in the garden).

Mentioned I was interested in joining the police and had read up on laws regarding use of video, I think he didn't know the laws so soon backed down and became all niceynicey.

And it got sorted without any issues.

That's the only advice I can give.