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Visit from 2 thugs representing DCBL!!

united689908 asked:

2 extremely intimidating thugs from DCBL turned up at my front door last week demanding a sizeable payment towards a debt I have with an old supplier (I’m a sole trader who works from home) the debt is with another collector that I’m servicing so why the mob from “Can’t pay we’ll take it away” are now involved im not sure.

After pounding away on my front door scaring the life out of my little girl they eventually left after I was given “20 minutes to raise significant funds while we sit in the car!!”

I was threatened with bankruptcy and “Having my house off me” even though the amount owed is just over £3k including their charges.

Is there anything I can do to stop them turning up when they choose.

Thank you

Thir13en_Ghosts replied:

Looks to me like these are county court bailiffs, if so then they have no real powers at all, they use intimidation techniques, what they say they can do they actually can’t unless you open your door to them and invite them into your house, I hope you haven’t

you’re under no obligation or legal requirement to even answer the door to these idiots, they constantly bend the rules to their own benefit and are forceful, pure scum is what they are, and should be treated as such,

you can download the “Removal Of Implied Right Of Access” notice from this site and send it to them, also post it on every entrance to your property (this includes any downstairs or any easy access windows)

Do you have the bailiffs name ?

if so you can look it up on the bailiff register: http://certificatedbailiffs.justice.gov … dBailiffs/
here you will find the full name of the bailiff and the court he was registered at and what part of the country,
also this will tell you if he is a county court bailiff or a magistrate registered bailiff (government registered bailiff)
a magistrates court bailiff has more power and can legally use force to enter your property,

Also I use a peephole camera on my front door for whoever comes knocking, it automatically takes photos with date and time, and can also video, this can be very useful as evidence of harassment,

personally i will not open my door to bailiffs and debt collectors at all, especially if you aren’t sure what to say to them, as this gives them the opportunity to gain joinder,

hope this helps,

take care.

williams2583 replied:

Agreed with 13 ghosts, you could also inform them that you have a payment plan in place to clear the debt and any further visits whilst denied ,if they happen again will be persued legally for intimidation,harassment,treasspassing and threatening behaviour.Also for your information any baliffs are not allowed access whilst a minor is present.

united689908 replied:

Progress. (If you can call it that)

My supplier has sold on a lot of outstanding older debts, my account although being serviced (Credit Limits International) was one of them.

DCBL haven’t bought the debt but have been instructed to collect.

I have emailed over confirmation on headed paper from the previous CLI of what and when I paid to DCBL.

An ‘account manager’ is calling by phone not hammering on the door apparently.

Faljay replied:

Hi,

Firstly, are DCBL bailiffs? If not they have no legal rights to act as if they are.

Secondly if they are bailiffs, did you receive notification of attendance in writing at least 7 days before the date they turned up, as per regulations? If not they have breached the following regulations:

PROCEDURE FOR TAKING CONTROL OF GOODS

Notice of enforcement prior to taking control of goods

Minimum period of notice

6.–(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than
7 clear days before the enforcement agent takes control of the debtor’s goods.
(2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday
or Christmas Day that day does not count in calculating the period.
(3) The court may order that a specified shorter period of notice may be given to the debtor.
(4) The court may only make an order under paragraph (3) where it is satisfied that, if the order
is not made, it is likely that goods of the debtor will be moved to premises other than relevant
premises, or otherwise disposed of, in order to avoid the goods being taken control of by the
enforcement agent.

Form and contents of notice

7.Notice of enforcement must be given in writing, and must contain the following
information–
(a) the name and address of the debtor;
(b) the reference number or numbers;
(c) the date of notice;
(d) details of the court judgement or order or enforcement power by virtue of which the debt is
enforceable against the debtor;
(e) the following information about the debt–
(i) sufficient details of the debt to enable the debtor to identify the debt correctly;
(ii) the amount of the debt including any interest due as at the date of the notice;
(iii) the amount of any enforcement costs incurred up to the date of notice; and
(iv) the possible additional costs of enforcement if the sum outstanding should remain
unpaid as at the date mentioned in paragraph (h);(f) how and between which hours and on which days payment of the sum outstanding may
be made;
(g) a contact telephone number and address at which, and the days on which and the hours
between which, the enforcement agent or the enforcement agent’s office may be
contacted; and
(h) the date and time by which the sum outstanding must be paid to prevent goods of the
debtor being taken control of and sold and the debtor incurring additional costs.

Method of giving notice and who must give it

8.–(1) Notice of enforcement must be given–
(a) by post addressed to the debtor at the place, or one of the places, where the debtor usually
lives or carries on a trade or business;
(b) by fax or other means of electronic communication;
(c) by delivery by hand through the letter box of the place, or one of the places, where the
debtor usually lives or carries on a trade or business;
(d) where there is no letterbox, by affixing the notice at or in a place where it is likely to
come to the attention of the debtor;
(e) where the debtor is an individual, to the debtor personally; or
(f) where the debtor is not an individual (but is, for example, a company, corporation or
partnership), by delivering the notice to–
(i) the place, or one of the places, where the debtor carries on a trade or business; or
(ii) the registered office of the company or partnership.
(2) Notice must be given by the enforcement agent or the enforcement agent’s office.

Do not let them intimidate you and their actions can be seen as harassment and threatening behaviour, and definitely inappropriate in front of a minor – your daughter.

Take Care.

😀

debtrecovery replied:

If they are High Court Enforcement Agents (which their ID will state) then they can gain peaceful entry to residential/commercial premises. Thus meaning, they can pass on any land as it is granted by the High Court of Justice. They are operating within their rights and police can be called to clarify this and keep the peace.

HCEA’s do not need to give any notification of a visit – only County Court Balifs do. Once a CCJ has been issued, it can be immediately be raised to the high courts – anyone can do this.

They can and will demand full payment or seizure of assets to cover the cost of the debt + recovery & auction fees.

If money is collected, then it is held for 14 days so that the defendant can go to their solicitor to try and get it back. After 14 days, the case is closed and money is given to the claimant.

If assets are seized, they are kept for 7 days before going to auction. Any money over and above the debt and fees will be returned back to the defendant. Anything less and they’ll be back for more + fees.

If the defendant takes an unreasonable amount of time to pay the debt, additional fees will be incurred – this is all set out by the government.

The point is – if you’re taken to court and get a CCJ – sort it immediately. Get a set aside and a stay of execution – that way the HCEAs will not come knocking at your door.

thor replied:

(Oh look everyone another DCA talking total crap)

Hi and what is the name of the DCA you work for. We would love to know that way we can Tell you to FUCK OFF 😀

thor replied:

I forgot to say welcome (I always forget that part my bad)