HELP... bailifs letter !!!
Discussion
Just recieved a letter from a debt recovery service to tell me If iI don't pay then expect the balifs in the next 7 days ! 
Apparently I owe money from some sort of parking violation in stratford upon avon in my yellow 02 reg honda 2 dr coupe.
no i have never been anywere down south nor do I own or ever have owned a yellow honda....... WTF ?
so she asked me to send my reg doc for my current car.... why? or why should I, you could be anyone I said !
and also why should i run around spending my time trying to prove I have never had said car, probably just cost me a quid ringing you up now!
she has put a comment on their account and expects me to ring the dvla to get a letter sent to me confirming that i have never owned said car !
then i must write a letter stating this and send that along with the dvla letter, before the balifs arrive (assuming the dvla send said letter in less than 7 days)...... how the hell is this legal?
and also the name of my business is on the letter head not my name indicating that they are just poking around in the dark.
any advice any one ?
Apparently I owe money from some sort of parking violation in stratford upon avon in my yellow 02 reg honda 2 dr coupe.
no i have never been anywere down south nor do I own or ever have owned a yellow honda....... WTF ?
so she asked me to send my reg doc for my current car.... why? or why should I, you could be anyone I said !
and also why should i run around spending my time trying to prove I have never had said car, probably just cost me a quid ringing you up now!
she has put a comment on their account and expects me to ring the dvla to get a letter sent to me confirming that i have never owned said car !
then i must write a letter stating this and send that along with the dvla letter, before the balifs arrive (assuming the dvla send said letter in less than 7 days)...... how the hell is this legal?
and also the name of my business is on the letter head not my name indicating that they are just poking around in the dark.
any advice any one ?
crackthatoff said:
Plotloss said:
Ignore it.
Without court authority bailiffs have little power.
They wont go to court over this.
Ergo you have nothing to worry about.
you sure? this kind of thing is really crap, also will the house be blacklisted or anything?Without court authority bailiffs have little power.
They wont go to court over this.
Ergo you have nothing to worry about.
Crackthatoff - I'd suggest you write a single letter setting out the facts, suggesting they check them themselves as it is not your obligation to prove otherwise and that you are not a creditor.
Warn them that if they fail to do this and call you again, there in any case a number of laws that protect people who actually are in debt from unreasonable behaviour from creditors or their agents, namely, Section 40 of The Administration of Justice Act 1970 and specifically, The Protection from Harassment Act 1997. It is a CRIMINAL OFFENCE if a creditor or their agent makes demands for money in such a manner that it causes the debtor or his/her family, alarm, distress or humiliation. Specifically, harassment is a criminal offence under Section 2 of The Protection from Harassment Act 1997 and punishment on conviction, is six months' imprisonment and/or a level 5 fine (up to £5,000).
This link.... is useful
Warn them that if they fail to do this and call you again, there in any case a number of laws that protect people who actually are in debt from unreasonable behaviour from creditors or their agents, namely, Section 40 of The Administration of Justice Act 1970 and specifically, The Protection from Harassment Act 1997. It is a CRIMINAL OFFENCE if a creditor or their agent makes demands for money in such a manner that it causes the debtor or his/her family, alarm, distress or humiliation. Specifically, harassment is a criminal offence under Section 2 of The Protection from Harassment Act 1997 and punishment on conviction, is six months' imprisonment and/or a level 5 fine (up to £5,000).
This link.... is useful
Some good advice above.
On another note, are they pursuing as a result of a council issued parking ticket, or a private one?
If a private one then you have nothing to worry, just send them a letter with a brief outline re never been, never owned car, good bye.
If its council, then, well, really the same to be honest, its just that the council pursuid ones are real, and tend to go to court if they have a case, whereas the private ones dont, as it is contract law etc, so they are not really puruable even if you did own the car and could have done the offence.
On another note, are they pursuing as a result of a council issued parking ticket, or a private one?
If a private one then you have nothing to worry, just send them a letter with a brief outline re never been, never owned car, good bye.
If its council, then, well, really the same to be honest, its just that the council pursuid ones are real, and tend to go to court if they have a case, whereas the private ones dont, as it is contract law etc, so they are not really puruable even if you did own the car and could have done the offence.
Trax said:
Some good advice above.
On another note, are they pursuing as a result of a council issued parking ticket, or a private one?
If a private one then you have nothing to worry, just send them a letter with a brief outline re never been, never owned car, good bye.
If its council, then, well, really the same to be honest, its just that the council pursuid ones are real, and tend to go to court if they have a case, whereas the private ones dont, as it is contract law etc, so they are not really puruable even if you did own the car and could have done the offence.
yes its a council one apparently, its bloody infuriating, i should be billing them for my time !On another note, are they pursuing as a result of a council issued parking ticket, or a private one?
If a private one then you have nothing to worry, just send them a letter with a brief outline re never been, never owned car, good bye.
If its council, then, well, really the same to be honest, its just that the council pursuid ones are real, and tend to go to court if they have a case, whereas the private ones dont, as it is contract law etc, so they are not really puruable even if you did own the car and could have done the offence.
This isn't Newlynn is it. I had a problem with them where they just got the address wrong and sent a balliff round to my house. Mrs Whyohwhy in tears as letter said they would come back and remove goods whether we were there or not.
The fact that they didn't have a court order or a leg to stand on didn't bother their call centre staff.
In the end got so fed up with them I found out who their MD was and called/wrote to him directly until I got a written apology.
Don't take rubbish from these people they are bullies.
The fact that they didn't have a court order or a leg to stand on didn't bother their call centre staff.
In the end got so fed up with them I found out who their MD was and called/wrote to him directly until I got a written apology.
Don't take rubbish from these people they are bullies.
whyohwhy said:
This isn't Newlynn is it. I had a problem with them where they just got the address wrong and sent a balliff round to my house. Mrs Whyohwhy in tears as letter said they would come back and remove goods whether we were there or not.
The fact that they didn't have a court order or a leg to stand on didn't bother their call centre staff.
In the end got so fed up with them I found out who their MD was and called/wrote to him directly until I got a written apology.
Don't take rubbish from these people they are bullies.
Sounds like demanding money with menaces to me. A police complaint is in order.The fact that they didn't have a court order or a leg to stand on didn't bother their call centre staff.
In the end got so fed up with them I found out who their MD was and called/wrote to him directly until I got a written apology.
Don't take rubbish from these people they are bullies.
Plotloss said:
Nah, to affect your credit rating they'd have to get a CCJ which you'd have to ignore, they wont go to court, they wont even go to court when they know who owns the car. Parking enforcement is a scam that operates on peoples lack of understanding of the law.
Also to affect a credit rating the information given must be in relation to a credit account. There is no credit account in place so don't worry about that.fluffnik said:
crackthatoff said:
any advice any one ?
Bill them for your time.Make it very clear that the lawyer is not a threat but you do not wish to get embroiled in an inaccurate and unlawful demand for money and mention the hourly rate of your local lawyer.
I would also mention that in the event that they are 100% convinced of the accuracy of their info and data, then you strongly encourage them to pursue you but you will still be engaging the aforementioned lawyer. Should work a treat! Good Luck.
ps - The lawyer/costs thing even works with Westminster and K&C over parking fines etc. (provided you are not trying to blag it)
Richard C said:
This link.... is useful
Definitely have a careful read through that article.The most significant points are:
(1) It is a CRIMINAL OFFENCE if a creditor or their agent makes demands for money in such a manner that it causes the debtor or his/her family, alarm, distress or humiliation. Bailifs routinely try to intimidate people into paying, but this is illegal.
(2) Civilian bailifs have no right to enter your house. However, once you have let them in for any reason they are allowed to force entry to get back in to remove goods. Don't let them in for any reason - use the phone, use your toilet, sit down for a chat, anything. Under no circumstances let them in. Doors and ground floor windows to be kept closed and locked at all times.
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