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  • Today a bailiff came

    So today a bailiff came, I dont know if he was acting as a bailiff or just debt recovery. there is no CCJ in place debt.
    He was from DCBL. He was wearing a vest with CCTV on it. He got out of his car and took pictures of the two cars on the drive which dont belong to the debtor. I said the debtor was out and the cars belonged to me and could contact DVLA to prove it. He said was a bailiff. He asked about the debtor. I said he was here temporarily having be made homeless. He asked if he still had a base in X and I said no that was in receivership. He said he needed to contact him extremly urgently and he would be back.
    To me it feels like he is acting like a bailiff without having the court paper work to back him up. Is that allowed?
    I need to know what to do when he calls again. He needs to send it back to the creditor who needs to go to court surely but he doesnt seem like the kind of man who wants to listen to that.
    How though do I get the bailiff off my doorstep? It is very scary and intimidating and the kind were petrified. He looked like a policeman in a flack jacket.

  • #2
    What is the story behind this event, and the playing field (debtor) ??? if you have DCBL on door step then a CCJ must be in place?? If you are in contact with the person get them to look at register credit reference agency see the entry of one if there is it will be there? also your attachment to who you state is not living there now?? more info the better = DCBL visits cost money added to any debt for attendance surely?
    Last edited by The Tech Clerk; 18th September 2019, 07:26.
    I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

    If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

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    • #3
      The chances are that whoever it is does have a CCJ against them and now that DCBL are involved it has been elevated to the High Court for enforcement purposes. If you are nothing to do with the alleged debt then he has no business discussing anything about it with you. Unfortunately you have asked for a return visit having told him the debtor lives with you. Because he has noted the cars you are going to have to dig out all paperwork that proves you own them - and not just the V5. A Bailiff or Enforcement Agent may only take control of goods that belong to the debtor, if he believes goods may belong and you argue otherwise you may have to issue an Interpleader Claim which could result in trying to prove to a Court they are yours. Best bet is for the debtor to make contact with them. I hope you can find your answer here
      Last edited by Diana Mayhew; 5th October 2019, 15:49. Reason: Link removed

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      • #4
        Hi and welcome to AAD. This must have been very scary for you. If it is not your debt, then legally they cannot tell you anything about it, however bailiffs need to be instructed to claim a debt so this must be about something that your friend has not told you about.
        Bailiffs can only claim goods that belong to the debtor; they are paid to recoup money lost to a company or person which is why they were taking the details of your cars. They should check with DVLA before trying to claim your cars, I would have your insurance and V5 documents available in case they do return. Although this is nothing to do with you, do not allow them in doors.
        Different types of bailiff have different powers, I don’t know enough to advise on this company.
        I assume that they will return as you have said that your friend is staying with you. If they have declared bankruptcy ( you mentioned the official receiver) then I believe all debts should be dealt with by them.
        I would be tempted to tell them that your friend has moved on and you do not have a forwarding address and get your friend to clarify to seek further advice
        I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

        If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

        Comment


        • #5
          Originally posted by john935 View Post
          So today a bailiff came, I dont know if he was acting as a bailiff or just debt recovery. there is no CCJ in place debt.
          He was from DCBL. He was wearing a vest with CCTV on it. He got out of his car and took pictures of the two cars on the drive which dont belong to the debtor. I said the debtor was out and the cars belonged to me and could contact DVLA to prove it. He said was a bailiff. He asked about the debtor. I said he was here temporarily having be made homeless. He asked if he still had a base in X and I said no that was in receivership. He said he needed to contact him extremly urgently and he would be back.
          To me it feels like he is acting like a bailiff without having the court paper work to back him up. Is that allowed?
          I need to know what to do when he calls again. He needs to send it back to the creditor who needs to go to court surely but he doesnt seem like the kind of man who wants to listen to that.
          How though do I get the bailiff off my doorstep? It is very scary and intimidating and the kind were petrified. He looked like a policeman in a flack jacket.

          I'm sorry to hear of the fright you and your family experienced this morning.

          DCBL are the bailiff firm in the Channel 5 series "Can't Pay? We'll Take It Away". Last year the High Court ordered them to pay a total of £20k damages to a family whose eviction by DCBL had been filmed and broadcast > https://www.judiciary.uk/wp-content/...5-judgment.pdf

          DCBL are not known for their sensitivity, no bailiffs are. If you or your friend feel you have not been treated fairly then this is their complaints procedure. They are regulated by the FCA. If he was wearing a camera then they'll be evidence available. > https://dcbltd.com/content/uploads/2...P-010-0518.pdf

          If your friend's property is in receivership that sounds like the LPA Receivers have got possession. Is that the case? If so, then your friend should seek advice on whether they should contact the Receiver direct. Could this be the reason for the bailiff's visit if there were arrears on a commercial loan or Buy To Let mortgage etc? In most circumstances the lender would not need to seek possession through the courts if the property was unoccupied at the time, they would send in a LPA Receiver.

          Your friend's homelessness is a priority so perhaps they should contact Shelter's free helpline for advice 0808 800 4444 There's plenty of information on their website which could be a start > http://england.shelter.org.uk/housin...SAAEgIHbvD_BwE

          In some circumstances homeless persons can get 'Legal Aid'. Is your friend single or is a family staying with you?

          Di
          Legal Disclaimer

          I am a Litigation Executive at Joanna Connolly Solicitors a firm which specialises in consumer credit. If you need to contact me you can send a message by clicking on my username or by emailing me at di@joannaconnollysolicitors.co.uk or by telephoning 0330 053 9340. My Direct Line is 0151 254 6986 Our initial advice is always free.

          Any posts I make on the AAD Consumer Forum are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide on the forum is without liability. If you are unsure please seek formal legal guidance or contact your local citizens advice bureau at https://www.citizensadvice.org.uk

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          • #6
            Hi
            I noticed the link given by Martha was about Scottish Debt and also advertising a paid for service.

            Here the forum promotes where where possible do it yourself, unless of course the courts get involved when there is Di and Jo

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