Hi,
So having been absorbed in the laws and what bailiffs are “meant” to abide by when enforcing.
It always should start with the enforcement notice. I’ve had two bailiff visits in my time and neither sent a letter, or at least I didn’t receive any. We all know that the law only requires them to “tick a box” on a CRM system that states it’s been sent (or just printed), which I think is the biggest scam going.
Not only are people not aware of the fact when a bailiff is coming they are coming to make an arrangement to take control of goods, the visit is for this not to get money, it just so happens this means people tend to enter into an agreement by way of paying the debt.
So what happens is people make the first mistake and that is refusing to pay, or saying they can’t/won’t pay which opens the bailiffs to charge more and it goes on.
I swear on my kids that I did not receive those letters and I’m pretty confident they didn’t send them, and why would they? The companies stand to make more money should a bailiff be sent to collect goods.
Surely something needs to be done about this blatant abuse of power. A simple postage certificate would do nicely, not asking much!!
What are people’s thoughts and has anyone actually received one of these letters? And was it for only small amounts due? (So therefore not worth a visit).
Enforcement notice
Re: Enforcement notice
If the bailiff company is DCBL, its is a fact they do not give a notice of enforcement.
Unless the bailiff can show the notice was given then the court now accepts it was not given.
This only applies to DCBL and not other bailiff companies.
If you need to show a court that a notice was not given then the debtor carries the burden of proof.
That can be done by showing the judgment or warrant has a different address.
Or make the bailiff show he kept a record of the time the notice was given. Their refusal to disclose can assist the court whether the notice was given.
Unless the bailiff can show the notice was given then the court now accepts it was not given.
This only applies to DCBL and not other bailiff companies.
If you need to show a court that a notice was not given then the debtor carries the burden of proof.
That can be done by showing the judgment or warrant has a different address.
Or make the bailiff show he kept a record of the time the notice was given. Their refusal to disclose can assist the court whether the notice was given.
-
paulg401981
- Posts: 3
- Joined: 12 Jul 2019 11:14
Re: Enforcement notice
That’s where the issue is as the court accept their proof which is a tick box and record of date when the notice was printed, nothing to prove it was sent at all.
Basically I question the fact that courts accept such a pointless system that can be filled in at any time to prove that it was apparently sent.
The only proof I’d say is a certificate of postage.
Drives me mad that these companies can hide behind a fake computer system which just has a tick box that can be technically ticked when ever they want, it doesn’t mean they sent it at all.
Basically I question the fact that courts accept such a pointless system that can be filled in at any time to prove that it was apparently sent.
The only proof I’d say is a certificate of postage.
Drives me mad that these companies can hide behind a fake computer system which just has a tick box that can be technically ticked when ever they want, it doesn’t mean they sent it at all.