Bailiffs

[bel1963]

i have had a bailiff call twice now once 6 months ago and again today, firstly i am not the person who's name the guy is asking for but i know it is me he wants secondly i explained 6 months ago that i was happy to pay my half of a debt (i was gaurentee for someone) but i refuse to pay for the other parties debt. the bailiff then said he would check this out and get back to me, i didnt expect it to take 6 months, when he called to tonight i was out but my son answered and obviously said the person didnt live there the baliff was then very rude and refered to me as "the fat lady that was here last time i called" my son naturally got very defensive and the baliff left shouting in the street that he would be back. where do i stand? what do i do? i am very angry at his manner.

[SizzleSquid]

First of all contact the baliff's office and try and speak to a manager, explaining the whole situation. If you get no joy say that you will report the incident to the police as the bailiffs behaviour could be charged as threatning behaviour, for intimidating your son and calling you names. This can also be charged as slander, or other similar charges.

They cant just dissapear for 6 months then turn up, they have to be sending you regular letters or contact of some sort letting you know the situation. You can sue them for harrassment if they continue.
If he comes back ay you have contacted the police, and you should. Pay your debt, and as far as you being a guarantee for someone im not sure how this works, you ned to seek legal advice to see how you can get out of that situation.

[Eve]

Do you know the baliff company? Have they sent you any correspondence? I'd check them out, make sure they are legit, who they have been instructed by and on what basis etc...

I would want anything put in writing as regards what they are claiming and beware of extra admin charges and such they may add on.

Were you guarantor for the whole debt or have a different arrangement in place, what were you guarantor for? Do you have a copy of the original agreement?

I'd recommend checking out your position at your local Citizen's Advice Bureau to see what you are liable for.

[saxy_jag]

It's no good contacting the bailiff's office - the staff there are of the same scummy breed as the one who calls at your door. They will back him/her to the hilt and will do no more than dictate terms that you are expected to abide by. Negotiation is not a word they understand. Neither is honesty. We once had one forge my husband's signature on an 'agreement', supposedly at a time and date my husband wasn't at home (he was at work and had CCTV footage to prove it). Funnily enough, the firm of bailiffs can't investigate because the bloke has conveniently left. Yeah - as if.

Whatever, try speaking to the company to whom the debt is owed. If you get no joy there, then go back to the court that authorised the bailiffs and tell them what's happening and what you're prepared to pay. Under no circumstances let them in or leave them any possible access route whilst you're out. If you have a car, park it away from the house if you can and deny all knowledge of it if they ask you.

And yes, report their behaviour to the police if you feel it was that bad. Police generally don't like bailiffs - they waste their time and usually only become bailiffs because they're too thick and incompetent to become coppers or prison officers.

[Peter Pedant]

Definitely Citizen's Advice.

And the other thing is, dont guarantee a debt, unless you er want to guarantee the debt. This may be an expensive lesson.....

[joko]

when you act as guarantor for something you are agreeing that, if they don't pay, you will.

what did you expect would happen?

did you not realise this?

don't guarantor unless you are prepared for that.

if the person has not paid, you should chase them up

[bel1963]

joko if you read the post i guarenteed for one person and i am happy to pay that debt but they are trying to force me to pay for the other person aswell a complete stranger to me and that is my beef any court in the land will agree with me i know what i signed and i do have a copy but no one seems to know who/what/where i go and i have addresses or numbers to contact. i am thanking my lucky stars someone was here to stop my son putting the guys lights out!! i have called the police and logged the complaint now and i guess i have to wait and see if he returns. thank you all for your advice

[Eve]

If you have a copy of a document that proves (maybe take advice if you're not sure) you are in no way liable for the debt tat you are being chased for then write a letter (write without prejudice clearly somewhere prominent eg under the date and underlined and in bold) to the company the debt is with stating this, enclosing a copy of the document and stating that you had issues with the conduct of the bailiffs they appointed (try not to rant and remain professional).

State that you wish to hear from them in writing within a specific timeframe (eg 7 days) with written confirmation that they have recognised you are not liable for the debt and will take no further action against you and asking them to advise their bailiffs accordingly. Ask them to contact you direct in writing and as a matter of urgency if they have any further issues and that you wil then take legal advice accordingly.

Make sure you take advise (eg CAB) just in case there is a chance you are liable and a letter of this sort could cause problems at a later date.

If there has been no sign of any court order you could also ask them to produce a copy of the same. If any bailiff turns up I'd also ask to see a copy of any court order prior to engaging in any conversation with them.

Copy your letter to the bailiffs and make sure you keep copies of all this yourself.

[gardener2]

Could you clarify if the caller is a certificated bailiff collecting a debt following a court judgement or a private debt collector for a civil debt yet to go to court.?