Bailiff not enforcing a debt correctly....what should happen? A discussion thread.

[Bailiff Advice]

A number of frequent posters on the forum have said that they would like to have a thread so that we can discuss the procedures available for debtors if they consider that a bailiff has done something wrong.

 

The thread can be used to discuss a variety of scenarios such as:

 

What is the correct procedure for debtors to take if a bailiff clamps their car which is on finance?

 

What should a debtor do if the bailiff has clamped or removed their car and it is needed for their employment.

 

Can a bailiff charge a fee if the address on the warrant is wrong.

 

PS: We had a similar thread when the new regulations came into effect on 6th April and that was extremely useful and provided a great source of information to frequent posters on the forum. This new thread should be the same.

[brassnecked]

Have asked for my posts on the other thread to be moved here third party vehicle seizures and testosterone fuelled enforcers are still an issue.

[BankFodder]

I think that it might be more useful and more focused if you both collaborated in a FAQ which we could then put up on the forum.

Discussion threads are much more likely to be distracted by other posters and also more likely to go off-topic

[brassnecked]

I think that it might be more useful and more focused if you both collaborated in a FAQ which we could then put up on the forum.

Discussion threads are much more likely to be distracted by other posters and also more likely to go off-topic

Good point BF, we don't want a thread disrupted by certain pilots of the blogosphere. This will take some research and time to look at the Regulations in the light of and apply reasoning to scenarios to identify possible remedies and pitfalls.

[Bailiff Advice]

Let me start by saying that the new regulations have been in force for 10 months so it is still relatively 'early' days.

 

It is known that the Ministry of Justice are carefully following any EAC2 complaints that may be made to the County Court regarding the actions of a bailiffs and they liase with other 'agencies' regarding legal claims and complaints. This is necessary in order to establish whether debtors are using precious and costly court time without first complaining to the creditor/local authority or enforcement company.

[brassnecked]

Let me start by saying that the new regulations have been in force for 10 months so it is still relatively 'early' days.

 

It is known that the Ministry of Justice are carefully following any EAC2 complaints that may be made to the County Court regarding the actions of a bailiffs and they liase with other 'agencies' regarding legal claims and complaints. This is necessary in order to establish whether debtors are using precious and costly court time without first complaining to the creditor/local authority or enforcement company.

 

I feel in most circumstances the EA and creditor should consider the evidence carefully and promptly, as they could fall foul of the court if they push for interpleader or keep a vehicle in spite of evidence of good title by a third party at the scene, or on info provided.As to other transgressions such as Equita adding the Sales Fee automatically, or playing with the clear days to ground the Enforcement fee.They did similar under the old regs as in upfront fee fraud by loading or trying to load every fee under the sun before even visiting bet they wish they had tried a disconnect the kitchen sink prior to removal fee.

[BankFodder]

Why don't the two of you cooperate directly on this off-forum.

 

You could decide several headings and do a faq for each one in an ordinary wordprocessor and we would then put it in the library. You can update it as needed

 

Headings might include

Right of entry

Wrong address

Wrong debotr

Vulnerability

Role of police

Forced entry

Vehicle removal

Fees

Can you negotiate instalments

 

Etc etc.

 

Use this kind of format http://www.consumeractiongroup.co.uk/forum/showthread.php?394131-Small-Claims-actions-in-the-County-Court-FAQ-work-in-progress - but we can do all that once it is broadly ready.

 

I suggest that you sketch out the topic headings first.

It doesn't neeed to be ready all at one go. We can publish it bit by bit

Why don't I close this thread and then you correspond directly. Do you have each other's contact details?

[Bailiff Advice]

Why don't the two of you cooperate directly on this off-forum.

 

You could decide several headings and do a faq for each one in an ordinary wordprocessor and we would then put it in the library. You can update it as needed

 

Headings might include

Right of entry

Wrong address

Wrong debotr

Vulnerability

Role of police

Forced entry

Vehicle removal

Fees

Can you negotiate instalments

 

 

I suggest that you sketch out the topic headings first.

It doesn't neeed to be ready all at one go. We can publish it bit by bit

Why don't I close this thread and then you correspond directly. Do you have each other's contact details?

 

Actually, I think that yours is a better idea and in particular, if a new poster raises a query a link can be provided to the relevant document in the library without having to provide a link to a whole 'discussion' thread.

 

Yes....all frequent posters have contact details for each other. I have no objections at all to the thread being closed.

[brassnecked]

We do BF thanks. It would have to be a living document to allow for developments, there will be little or no Case Law surrounding the new regs as yet and will take some time.

[BankFodder]

Actually, I think that yours is a better idea and in particular, if a new poster raises a query a link can be provided to the relevant document in the library without having to provide a link to a whole 'discussion' thread.

 

Yes....all frequent posters have contact details for each other. I have no objections at all to the thread being closed.

 

We can also set up autolinks to relevant material which will save a lot of repetitive typing

We do BF thanks. It would have to be a living document to allow for developments, there will be little or no Case Law surrounding the new regs as yet and will take some time.

 

I think that a FAQ should generally have as little case law as possible. People really just want basic Q&As - and yes, it would be easy to keep it updated if it is all in one place and not cluttered by discussion. People can raise discussion threads about particular points on the main EO forum