Change of bailiff NOE

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deeplydebty
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#1 Change of bailiff NOE

Post by deeplydebty » 22 Jul 2015 11:18

Hi all,

if a county court bailiff is unable to get payment and the creditor then gets it transferred to the high court for enforcement, should I expect another NOE before enforcement by the HCEO starts?

thanks

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Schedule 12
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#2 Re: Change of bailiff NOE

Post by Schedule 12 » 22 Jul 2015 12:48

Legally no. The law says enforcement canot start until a notice has been given. It doesn't say who it must be given by. I would expect as a matter of caution, the HCEO company will give a NOE to protect themselves and their client from liability for an absent NOE.
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Author: dealingwithbailiffs.co.uk

deeplydebty
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Joined: 04 Dec 2013 21:30

#3 Re: Change of bailiff NOE

Post by deeplydebty » 23 Jul 2015 08:13

Thanks Jason,

still not sure I received the first NOE, at least, anything that looks like the one you show. Just 4 or 5 last,last,last chance letters on red paper from the county court bailiff through the door while I was at work over the last 7 or 8 months.

He did ring me at work and discussed the whole debt with a work colleague though. I'm sure if I did something like that about a customer's business I would be in breach of data protection. Every one at work knows about my bailiff problem now!

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Schedule 12
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#4 Re: Change of bailiff NOE

Post by Schedule 12 » 23 Jul 2015 08:36

Ask for a royal mail tracking number for the NOE. it will tell you who signed for it. If theres no tracking number then its compelling evidence you have not been given a NOE.

Speak to the ICO on their free helpline and see what can be done about data protection matters. I get bailiffs saying 'data protection act' when I am on the phone with them and the client in an unannounced teleconference call. One hapless marston employee was caught saying a PCN number is data protection act. The judge whom the recording was played to at court, made a finding a PCN number is not personal data.
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Author: dealingwithbailiffs.co.uk

deeplydebty
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Joined: 04 Dec 2013 21:30

#5 Re: Change of bailiff NOE

Post by deeplydebty » 24 Jul 2015 10:53

Thanks for that, Jason. Gave the ICO a call and they said report the bailiff to the court for the breach and if I don't get a suitable response, forward the complaint to them to deal with.

Keeps calling at my work number now leaving messages on the answer phone that can be picked up by anyone.

Aside from that, could you advise what the minimum monthlies they are likely to accept as they don't appear to have added any charges? I originally offered £1 a month to the court as advised by debtline after they went through my ins and outs (and said you're financially fooked) which was rejected. I can't really afford much more but I'd hate to end up bankrupt over a sub £3000 debt. Due to my precarious financials and ccj from this debt, I can't even borrow any money to pay it!

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Hithard
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#6 Re: Change of bailiff NOE

Post by Hithard » 24 Jul 2015 12:27

Do a form EAC2 complaint (http://www.dealingwithbailiffs.co.uk/Ba ... plaint.htm) courtesy JasonDBW
to the court and notify the bailiff's company that a complaint has been made and that you have contacted the ICO as well about him contacting your work.
That will let them know that you are going down official channels to complain about his behaviour, that you are informed about your rights and not rolling over and then hopefully they'll rein him in.
Descendite ne illegitimi

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