Writ

[Pawly555]

Hi.

In my postbox this morning I found a letter from an HCEO addressed to a company that has nothing to do with me.
There is no copy of a Writ just a letter demanding payment. The paper has no letter head either.

Help please as not sure what to do.

Thank you

[CleverClogs (RIP)]

Re: Writ

Which numbskull HCEO is involved?

[Pawly555]

Re: Writ

Hi

Just has: contact the Sheriff Office on etc

Thanks

[CleverClogs (RIP)]

Re: Writ

Look for the company at http://companycheck.co.uk/

[Pawly555]

Re: Writ

Nothing comes up.
Thanks

[Never-In-Doubt]

Re: Writ

Can you please scan / photo the letter and email
me a copy? webmaster@all-about-debt.co.uk

[Pawly555]

Re: Writ

Hi

I'm not allowed as my solicitor is going to use for harassment.

Thank you

[CleverClogs (RIP)]

Re: Writ

I assume you mean that your solicitor plans to sue for harassment but, unless this has happened before and the HCEO has returned despite being told he's at the wrong address, I doubt you'll have much of a case.

[Pawly555]

Re: Writ

Yes he's done this before. We beat him the first time and he came back again this time. This is personal now we are suing him personally for harassment. Neither writ was to do with us. He is extremely aggressive and unprofessional. He couldn't stand it because we new the law. Thanks

[Never-In-Doubt]

Re: Writ

Hrmmmm I'm no solicitor but I know the law and I really suggest you seek a second opinion on this. You'll find a HCEO will be protected in his professional capacity from liability whilst conducting his daily duties.

I just think something's a tad fishy with all this but hey, what do I know. I only run the superb AAD forum which prides itself on teaching laymen the law and how to defend themselves. We've only had 5 success stories in the last week but as I say, what do I know.

[Never-In-Doubt]

Re: Writ

I assume you mean that your solicitor plans to sue for harassment but, unless this has happened before and the HCEO has returned despite being told he's at the wrong address, I doubt you'll have much of a case.

Correct. In both criminal & civil harassment you still need two separate instances AFTER being asked to stop and even then, it's within a contained timeframe.

Section 2A & subsection (1)(b) and section 4A(1)(a), section 2A (2) - Protection from Harassment Act (1997) explains

[colonelsensibl]

Re: Writ

You write:

"Hi.
In my postbox this morning I found a letter from an HCEO addressed to a company that has nothing to do with me.
There is no copy of a Writ just a letter demanding payment. The paper has no letter head either.
Help please as not sure what to do.
Thank you"

I'm puzzled then that you can't let people see the letter? It's very difficult for people on a forum to advise if they don't know the full facts of the situation. Is your solicitor advising you well, fully aware of "Section 2A & subsection (1)(b) and section 4A(1)(a), section 2A (2) - Protection from Harassment Act (1997)" that Niddy refers to? Am I right in thinking that you went to your solicitor on Friday, 5th December, and that was when he told you that you mustn't disclose the HCEO letter?

[Never-In-Doubt]

Re: Writ

Am I right in thinking that you went to your solicitor on Friday, 5th December, and that was when he told you that you mustn't disclose the HCEO letter?

thats how I read it as well.

If any solicitor thinks they can commence harassment proceedings based on the letter let alone telling a client not to disclose it to the owner of a DPA company then they need reported to the SRA as they're talking utter bollocks. There's really no other way of putting it.

And do you have a spare £10-£20k to take it through the high court?

Anyways.....

[PlanB]

Re: Writ

Can you please scan / photo the letter and email
me a copy? webmaster@all-about-debt.co.uk

I'm not allowed as my solicitor is going to use for harassment.

I don't think you will be breaching any laws if you scan and send a copy to Niddy. It's always good to have a second opinion. Solicitors don't work for free but we do

[PlanB]

Re: Writ

he's done this before. We beat him the first time and he came back again this time. This is personal now we are suing him personally for harassment. Neither writ was to do with us.

How did you beat him last time (legal reasons)? Did you get compensation for that?

This is of course a completely different set of circumstances (different debt) albeit being pursued by the same bailiff according to you, but it would be helpful if you could tell us why you think you have been victim of two random errors by the same bailiff in case a pattern is forming i.e. a debt address link in case lightening really does strike twice in the same place.

We're on your side. We hate bailiffs with a vengeance.