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Posted: Tue Jun 19, 2012 1:48 pm
by skint
Hi all,
My GF has an old orange bill she owes around 300 on. This was sold onto to a debt recovery agency I believe. Now there are baliffs outside her door saying they will clamp and remove her car.
They cannot show any sort of court order just letters saying she owes this amount. Theyve demanded the full amount this afternoon.
She asked if she can pay it off in installments we can get 1/3 of it by this afternoon but they insist they will take the car today.
Has anyone experienced this?? Surely they would need a valid court order to do that?
Posted: Tue Jun 19, 2012 2:01 pm
by Michael Peoples
Call the police and report them for harassment. They should have some form of court order which they can show the police and if they do not she should complain to the company who instructed them as this is not right.
Posted: Tue Jun 19, 2012 2:13 pm
by Kelly O
All bailiffs adhere to a code of conduct and should have copies of any court order so it doesnt seem right to me either.
Contact the debt collection company and if you are not happy with the response the trade association and will have a complaints and grievance procedures you can use.
The two main trade associations are the Certificated Bailiffs Association (CBA) and the Association of Civil Enforcement Agencies (ACEA).
Let us know how you get on
Posted: Wed Jun 20, 2012 7:52 am
by MerlinL14
This stinks. Debt collection agencies will only remove household goods or car as a last resort, they know they will not get the return on these goods but once removed the debt is classed as settled.
The chances are the men who visited are not court appointed bailiffs but debt collection agents and have very few powers unless enforceable by the courts.
Posted: Wed Jun 20, 2012 9:58 am
by Kelly O
Thats right - a Debt Collector is not the same as a court official and therefore does not possess the same legal powers as a bailiff.
This does not stop some debt collectors pretending to be and have the same powers as a court official - there is some rascals out there!
The Administration of Justice Act 1970 S.40 makes it a Criminal Offence for a creditor or their appointed agent to pretend to be someone they are not, for example pretending to be a a court official or bailiff.