Bailiffs Employed Query

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lily0175
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Joined: 21 Feb 2017 10:39

#1 Bailiffs Employed Query

Post by lily0175 » 21 Feb 2017 10:50

I can not go into too may details, however a bailiff company were employed by our company to recover substantial unpaid invoices. Before employing the (bailiff) company a representative came to visit us, took all the details, said all the right things at the right time and in the right place and has effectively 'missold' the yearly contract to us. We were assured that recovery would take a matter of weeks (now approaching 6 months), we had to borrow the substantial fee which seemes to have been plucked from the air and as yet, despite many phone calls and much declining of information given to us, we have seen not a single penny. Bailiffs have not visited the debtor when we were told they would and we have now somehow to repay the debt for the fee we have been charged. Bailiff company representative is saying that the information he gave us he didn't, that bailiffs could go to the debtors place of work, took employemt details, have now visited but have not provided us with any updates unless we call them and certainly we do not have any money recovered.

Any help please?

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Schedule 12
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#2 Re: Bailiffs Employed Query

Post by Schedule 12 » 21 Feb 2017 11:32

They are in breach of contract. You can sue for your money back and any damages for their non-performance.
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Michelle
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#3 Re: Bailiffs Employed Query

Post by Michelle » 22 Feb 2017 13:10

lily0175 wrote:
21 Feb 2017 10:50
I can not go into too may details, however a bailiff company were employed by our company to recover substantial unpaid invoices.
An obvious question perhaps, but have you taken the debtor to court and obtained a judgment for this debt against them? Bailiffs cannot be used to recover unpaid invoices, only debts subject to a judgment.

There is also quite a bit of confusion regarding the difference between debt collectors and bailiffs, a number of companies offer debt recovery services and some even act as both debt collectors and bailiffs. If you have only unpaid invoices but not a judgment against the debtor in question, you can only use the services of a debt collector and all they can do is try to contact the debtor to extract payment, they have no enforcement powers.

If you have a judgment over £600, you can transfer it to the High Court for enforcement, as long as it didn't arise from a debt regulated by the Consumer Credit Act.
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