NO LETTER OF ENFORCEMENT FROM DCBL
NOT EVEN SEEN A WRIT.
Can they add charges to a writ before it’s served or seen??
Here We Go Again!!
Re: Here We Go Again!!
It is the practice of DCBL not to give debtors a statutory Notice of Enforcement. They gain the enforcement stage fee by not doing so because debtors could pay the debt at the compliance stage, (The time the debtor is given the notice). DCBL withdrew the notice when they made their TV show Can't Pay We'll Take It Away! on Channel 5, to create artistic license having startled debtors being surprise-ambushed by bailiffs. DCBL abuses the court's trust because their solicitor (always DCB Legal) knows the court will accept they gave a Notice of Enforcement when anyone brings a challenge to court. In their defence, it is the practice of their solicitor to exhibit a reconstituted copy of a Notice of Enforcement and assert that the issue date printed on it is the same as keeping a record of the time the notice was given to the debtor.
There is no requirement to show a writ unless the debtor or person in charge of the property being attended requests it, paragraph 26 of schedule 12 of the Tribunals Courts and Enforcement Act 2007. The writ is the "enforcement power" for the address being attended.
DCBL cannot front-load fees. The 2nd enforcement stage fee applies if the debt is not paid on the first attendance or a controlled goods agreement is made. On 20 April 2007, the House of Lords established that bailiffs charging fees for work not done commits an offence under sections 1-5 of the Fraud Act 2006. See Hansard.
You can do a change of circumstances and apply to stay the writ and vary the judgment. That ends the fees and the bailiff company loses its £117.25 transfer up fee, (the "Execution" fee on the writ).
Contact me if you would like to stop the writ and vary the order.
There is no requirement to show a writ unless the debtor or person in charge of the property being attended requests it, paragraph 26 of schedule 12 of the Tribunals Courts and Enforcement Act 2007. The writ is the "enforcement power" for the address being attended.
DCBL cannot front-load fees. The 2nd enforcement stage fee applies if the debt is not paid on the first attendance or a controlled goods agreement is made. On 20 April 2007, the House of Lords established that bailiffs charging fees for work not done commits an offence under sections 1-5 of the Fraud Act 2006. See Hansard.
You can do a change of circumstances and apply to stay the writ and vary the judgment. That ends the fees and the bailiff company loses its £117.25 transfer up fee, (the "Execution" fee on the writ).
Contact me if you would like to stop the writ and vary the order.
-
Syd Snitkin
- The Watcher
- Posts: 171
- Joined: 28 Apr 2014 09:43
- Location: In your loft, waiting
Re: Here We Go Again!!
Can we make guesses at the bailiff's name?
Former General Manager of a nursing home, trained in music and classical guitar, MBA in contract law, expert legal commentator on bailiff law. enjoys PG tips. No not me, some screwball elsewhere