Can anyone advise
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- Posts: 1
- Joined: 17 Aug 2022 17:56
Can anyone advise
Hi all a bailif came this morning to my house for an outstanding car insurance payment my partner owed Showed no Id quick two second glance at balance owed said he from high court no breakdown of charges no previous letters , did have high court on his uniform but don’t know company he’s from or anything he took photos of my car and me also and I am a vulnerable person and debt is not in my name , how do I find out what company he’s from and what debt is actually for can anyone help ? He left no phone number or anything as I sat in car because it’s mine he threatened to remove me in car with tow truck then said he knew how he would get my partner and left , are they allowed to take photos of me and my belongings ? Even though I’m not debtor and was not aggressive or anything I have cctv to prove this
Re: Can anyone advise
The writ can not be executed against you or your goods because you are not the debtor named on it. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
In any case, the bailiff doesn't have any authority to break entry to a private home in the execution of a writ of control. That authority is expressly reserved for the execution of a writ of possession on a demised premises (e.h. Forfeiture or an eviction)
You do not need to know what company the bailiff is from. Its not your concern.
Tracing the debtor is the creditor's problem.
If the bailiff interferes with your car, you make a third-party claim.
That usually works out very expensive for bailiffs and their creditors when they interfere with goods not belonging to the debtor.
You should consider making an affidavit.
https://www.dealingwithbailiffs.co.uk/b ... mplate.htm
In any case, the bailiff doesn't have any authority to break entry to a private home in the execution of a writ of control. That authority is expressly reserved for the execution of a writ of possession on a demised premises (e.h. Forfeiture or an eviction)
You do not need to know what company the bailiff is from. Its not your concern.
Tracing the debtor is the creditor's problem.
If the bailiff interferes with your car, you make a third-party claim.
That usually works out very expensive for bailiffs and their creditors when they interfere with goods not belonging to the debtor.
You should consider making an affidavit.
https://www.dealingwithbailiffs.co.uk/b ... mplate.htm