Bailiff extorted money from parents. Recourse?
Bailiff extorted money from parents. Recourse?
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Oakey

Original Poster:

27,984 posts

246 months

Wednesday 1st October 2008
quotequote all
My brother owed about £200 for an unpaid fine, which had since increased to £450 due to Bailiffs being involved. None of us actually knew this before today, when Bailiffs turned up at my mothers door looking for him to collect the debt.

He wasn't here (and unfortunately I never found out until this had all happened) and my mum refused to let them in her house. Now, my brother hasn't lived at hers for over a year, only recently moving back after splitting with his girlfriend. He doesn't have any belongings, hell, his bedroom doesn't even have wallpaper as he's stripped it to do it up! The Bailiffs told my mum that as they couldn't differentiate what was hers and his they would take whatever they liked. She still refused to let them in and they said they'd wait for the police. When I asked if the police turned up she said no, just more guys. Now, my mum's 54 and 4ft 6", so as she felt more and more intimidated she phoned my dad, who promptly turned up and after hearing the same threats from the Bailiffs about taking her property, he paid them.

I'm livid, I feel this is nothing more than extortion. This debt wasn't my mothers nor was it my fathers and yet they continued making threats until they got their money. Had I been informed of this as it was happening I would have told them where to go.

Can they do this? I'm pretty certain they can't just take other peoples property and has what they've done amounted to harassment and intimidation?

Irish

3,991 posts

269 months

Wednesday 1st October 2008
quotequote all
Oakey said:
My brother owed about £200 for an unpaid fine, which had since increased to £450 due to Bailiffs being involved. None of us actually knew this before today, when Bailiffs turned up at my mothers door looking for him to collect the debt.

He wasn't here (and unfortunately I never found out until this had all happened) and my mum refused to let them in her house. Now, my brother hasn't lived at hers for over a year, only recently moving back after splitting with his girlfriend. He doesn't have any belongings, hell, his bedroom doesn't even have wallpaper as he's stripped it to do it up! The Bailiffs told my mum that as they couldn't differentiate what was hers and his they would take whatever they liked. She still refused to let them in and they said they'd wait for the police. When I asked if the police turned up she said no, just more guys. Now, my mum's 54 and 4ft 6", so as she felt more and more intimidated she phoned my dad, who promptly turned up and after hearing the same threats from the Bailiffs about taking her property, he paid them.

I'm livid, I feel this is nothing more than extortion. This debt wasn't my mothers nor was it my fathers and yet they continued making threats until they got their money. Had I been informed of this as it was happening I would have told them where to go.

Can they do this? I'm pretty certain they can't just take other peoples property and has what they've done amounted to harassment and intimidation?
Awful, but how about you start with your brother? He is the reason your parents were put in that position.

Edited by Irish on Wednesday 1st October 16:51

Parrot of Doom

23,075 posts

264 months

Wednesday 1st October 2008
quotequote all
No they can't, but frankly I wouldn't even concern myself with the Bailiffs, I would go straight to the brother and insist he reimburse his parents for the amount lost. Then let him deal with it.

Oakey

Original Poster:

27,984 posts

246 months

Wednesday 1st October 2008
quotequote all
I'll leave my parents to deal with my brother. I'm absolutely fuming though at how my mother's been treated. She's only small and has her own problems without mindless bullies making her life any more unpleasant.

Taita

8,005 posts

233 months

Wednesday 1st October 2008
quotequote all
Don't know the answer, but hope you get it sorted beer

Office_Monkey

1,969 posts

239 months

Wednesday 1st October 2008
quotequote all
No, they aren't allowed to do it at all. I would find out which company they are and get in touch to complain, or tt your brother.

See here for some guidelines. http://www.direct.gov.uk/en/MoneyTaxAndBenefits/Ma...

rude-boy

22,227 posts

263 months

Wednesday 1st October 2008
quotequote all
With tactics like this it is a wonder that there aren't more bailiffs running around in wheelchairs.

Vesuvius 996

35,829 posts

301 months

Wednesday 1st October 2008
quotequote all
Irish said:
Oakey said:
My brother owed about £200 for an unpaid fine, which had since increased to £450 due to Bailiffs being involved. None of us actually knew this before today, when Bailiffs turned up at my mothers door looking for him to collect the debt.

He wasn't here (and unfortunately I never found out until this had all happened) and my mum refused to let them in her house. Now, my brother hasn't lived at hers for over a year, only recently moving back after splitting with his girlfriend. He doesn't have any belongings, hell, his bedroom doesn't even have wallpaper as he's stripped it to do it up! The Bailiffs told my mum that as they couldn't differentiate what was hers and his they would take whatever they liked. She still refused to let them in and they said they'd wait for the police. When I asked if the police turned up she said no, just more guys. Now, my mum's 54 and 4ft 6", so as she felt more and more intimidated she phoned my dad, who promptly turned up and after hearing the same threats from the Bailiffs about taking her property, he paid them.

I'm livid, I feel this is nothing more than extortion. This debt wasn't my mothers nor was it my fathers and yet they continued making threats until they got their money. Had I been informed of this as it was happening I would have told them where to go.

Can they do this? I'm pretty certain they can't just take other peoples property and has what they've done amounted to harassment and intimidation?
Awful, but how about you start with your brother? He is the reason your parents were put in that position.

Edited by Irish on Wednesday 1st October 16:51
Well said.

Your brother's a penis.


Your Dad paid them to protect your Mum from more upset. The bailiffs had no right to take it but that's too late now.


As I said, penis.


Edited by Vesuvius 996 on Wednesday 1st October 17:01

Monki

1,233 posts

221 months

Wednesday 1st October 2008
quotequote all
Most Bailiffs are sadly the same, use bully tactics to get what they want.

It can be amusing when they come up against someone bigger who won't take any sh*t.....but that's another story hehe

It's sad that your parents had to go through this, hopefully your brother will compensate them for the trouble. However, I would also look into what company the bailiffs are from as they cannot take "whatever they want", it has to be proven that they belong to your brother.

Think this will happen a lot more in the coming year as more and more folk find themselves in debt, bankrupt etc and unable to pay.

Oakey

Original Poster:

27,984 posts

246 months

Wednesday 1st October 2008
quotequote all
rude-boy said:
With tactics like this it is a wonder that there aren't more bailiffs running around in wheelchairs.
Incidentally, as I was blissfully unaware this was happening, I was with a couple of mates. One an ex heavyweight boxer and the other who recently walked from a kidnap and torture charge. So yeah, had I been informed what was going on that would have been the likely outcome.

JP_Midget

438 posts

241 months

Wednesday 1st October 2008
quotequote all
Have you spoken to your brother, does he even acknowledge that he owed the money?

dr.pepper

634 posts

224 months

Wednesday 1st October 2008
quotequote all
Monki said:
It can be amusing when they come up against someone bigger who won't take any sh*t.....but that's another story hehe
I'd like to hear more......

Oakey

Original Poster:

27,984 posts

246 months

Wednesday 1st October 2008
quotequote all
JP_Midget said:
Have you spoken to your brother, does he even acknowledge that he owed the money?
He owes the money fair and square, from what I gather it's from a court case he lost to do with him overtaking on his motorbike and some woman pulled out on him.

MitchT

17,152 posts

239 months

Wednesday 1st October 2008
quotequote all
How do you know any money is owed at all? maybe these were chancers pretending to be bailiffs.

Edited by MitchT on Wednesday 1st October 17:21

Monki

1,233 posts

221 months

Wednesday 1st October 2008
quotequote all
dr.pepper said:
Monki said:
It can be amusing when they come up against someone bigger who won't take any sh*t.....but that's another story hehe
I'd like to hear more......
It involves 3 bailiffs kicking down the door of a pub because the manager (who was a former right hand man of a well-known "gangster" and thus well connected)had not been able to pay monies whilst in hospital, they saw his wife and threatened herbut little did they realise that the manager was having a meeting with several "doormen" in the back room.....well they came into the entrance to see his terrified wife pleading for them to leave and.....well you can guess the outcome! laugh needless to say they did not return in a hurry!

BigLepton

5,042 posts

231 months

Wednesday 1st October 2008
quotequote all
Oakey said:
rude-boy said:
With tactics like this it is a wonder that there aren't more bailiffs running around in wheelchairs.
Incidentally, as I was blissfully unaware this was happening, I was with a couple of mates. One an ex heavyweight boxer and the other who recently walked from a kidnap and torture charge. So yeah, had I been informed what was going on that would have been the likely outcome.
Then you'd be looking at prison time you muppet. Perhaps as others have suggested, focus more on the scrote causing the problems, and less on the enforcement officers, who were undoubtedly exagerating their remit in order to collect the outstanding debt, but did not actually break the law, unlike your brother.

Oakey

Original Poster:

27,984 posts

246 months

Wednesday 1st October 2008
quotequote all
BigLepton said:
Oakey said:
rude-boy said:
With tactics like this it is a wonder that there aren't more bailiffs running around in wheelchairs.
Incidentally, as I was blissfully unaware this was happening, I was with a couple of mates. One an ex heavyweight boxer and the other who recently walked from a kidnap and torture charge. So yeah, had I been informed what was going on that would have been the likely outcome.
Then you'd be looking at prison time you muppet. Perhaps as others have suggested, focus more on the scrote causing the problems, and less on the enforcement officers, who were undoubtedly exagerating their remit in order to collect the outstanding debt, but did not actually break the law, unlike your brother.
Section 2 of the Fraud Act apparently

http://www.opsi.gov.uk/acts/acts2006/ukpga_2006003...

Timsta

2,779 posts

276 months

Wednesday 1st October 2008
quotequote all
Oakey said:
BigLepton said:
Oakey said:
rude-boy said:
With tactics like this it is a wonder that there aren't more bailiffs running around in wheelchairs.
Incidentally, as I was blissfully unaware this was happening, I was with a couple of mates. One an ex heavyweight boxer and the other who recently walked from a kidnap and torture charge. So yeah, had I been informed what was going on that would have been the likely outcome.
Then you'd be looking at prison time you muppet. Perhaps as others have suggested, focus more on the scrote causing the problems, and less on the enforcement officers, who were undoubtedly exagerating their remit in order to collect the outstanding debt, but did not actually break the law, unlike your brother.
Section 2 of the Fraud Act apparently

http://www.opsi.gov.uk/acts/acts2006/ukpga_2006003...
yes Report them to the police for fraud.

Timsta

2,779 posts

276 months

Wednesday 1st October 2008
quotequote all
The new fraud act is VERY broad, and quite a good read. nerd

Basically, it defines fraud as:

  1. Lying for gain (for himself or anyone else!), or to cause a loss, or even a risk of loss! He doesn't even have to outright lie, even IMPLYING some untruth will fall foul of the act.
  2. Purposefully doesn't tell you something he has a legal duty to, which results in a gain for him, a loss, or risk of a loss.
Now, the loss can also be temporary, so even if you get the money/goods back, the offence is still complete.

Edited by Timsta on Wednesday 1st October 17:45

Adrian W

15,550 posts

258 months

Wednesday 1st October 2008
quotequote all
BigLepton said:
Oakey said:
Then you'd be looking at prison time you muppet. Perhaps as others have suggested, focus more on the scrote causing the problems, and less on the enforcement officers, who were undoubtedly exagerating their remit in order to collect the outstanding debt, but did not actually break the law, unlike your brother.
I don't think you can call arsholes like this enforcement officers, they were'nt employed by the state i'm assuming