Just head butted a debt collector?

[JCSPLUMBING]

Literally come home after having a few pints at the pub and I had a bailiff at the door demanding money from my wife regarding loans outstanding for ten plus years. She stupidly let him in just as I was walking through the door. He gives it billy big balls and I nut him over about a grand. I've got the money upstairs but God help him if he's getting it. I'm the type to pay my debts but this idiot wore down my temper. I'm sat waiting for those sirens now lol. Wish me luck

 

[Ray Stafford]

Good luck JCS.

If he was in your house giving your wife a hard time, I don't imagine the old bill will get too excited.

 

[kris]

An over nighter in the clinc by the sounds of it lol.

 

[SimonG]

What time was this? Unsocial hours is bang out of order. Plus if it's over 6 years old and no evidence of accepting the 'debt' then its statute barred, i.e unenforcable.

 

[JCSPLUMBING]

I don't know. But I didn't know about this debt as I'm debt free tbh. He was there tattooed up getting aggressive with my wife and didn't see me slip in the back door. I'm a peaceful man but he really riled me pushing my wife about. Thing is I've been out of trouble for about 12 yeRs and got shotgun licence etc. what would you lot do?

 

[Ray Stafford]

what would you lot do?

If you have previous, even 12 years ago, it might make sense to make yourself scarce for a while?

 

[JCSPLUMBING]

Your probably right Ray. I'll keep you all updated on the issue. What a nightmare!

 

[gasmanrob]

As per Simon statute barred. The only way to inforce that now is with a court order which is un likely to have paid for if the debts only a £1000 ergo he shouldn't have been there

 

[Rickster123]

You see this is what happens when you don't take the mrs to the pub with you!

Hope you get it sorted JCS

 

[hammers4spanner]

The laws on debt recovery have changed massively over the last few years , gone are the days where and agent could get money with threats . If i recall they are no longer allowed to operate what is classed as unsocial hours.They can't take anything force entry or nothing basically a debt collector is pointless.The sherifs tho are a much different matter.

 

[Rickster123]

The laws on debt recovery have changed massively over the last few years , gone are the days where and agent could get money with threats . If i recall they are no longer allowed to operate what is classed as unsocial hours.They can't take anything force entry or nothing basically a debt collector is pointless.The sherifs tho are a much different matter.

I think it depends who you owe money to. If you've borrowed from an "iffy" source then they'll do what they want.

 

[Masood]

Good luck JCS. I don't think many people would have done anything different..

 

[jonnyswamp]

Good luck fella, probably too late now, but if you could prove he was threatening your wife you may be OK Your words against his etc
It may not be the right thing you did, but it's the only language some of those "bailiffs" understand, bet his little face was a picture once he realised he wasn't going to get away with bullying your wife
BTW I would have done the same, as would most on here

 

[wetdrip]

If the police come, say nothing, or as little as you can. Stay calm!

They will take you down the station, along with your wife, to be interviewed separately, so make sure you’re both on the same page.
“You were in fear of your wife's safety.”
If the police come to your door and do take you for said interview inform them on the way to the station and again inform the desk sergeant, both of you will have to do this separately, that you require said duty solicitor. THEY’LL KEEP YOU WAITING FOR HOURS, ONCE YOU’VE REQUESTED A SOLICITOR.
"You were in fear of your life" or thereabouts, the solicitor will know best regarding your defence statement.
MOST OF ALL, CHILL. Do not worry about it, as worrying changes absolutely nowt.
If none of the above happens, you might receive a letter demanding payment, or two bailiffs at the door.
Squirrel the money away until that happens.

I'd have done far worse.

 

[rpm]

As you say you're debt free could it be the previous house owners or mistaken identity?
Ask the missus if you can slap her around a little, just a bruise or two, im sure she will understand it's all in a good cause. Lol

 

[oz-plumber]

Just be straight up and tell it how it was / is.

You went the Pub, has a few drinks, came home, saw a stranger in your house who was getting aggressive towards your wife and you did what any other person would do - to protect her and your home.

You got into a scuffle and 'inadvertently' clashed heads.

Unless the guy was taken away in an ambulance, you used only enough force to subdue the intruder.

If you don't have any recent charges against you for violence - you will get off with a warning.

The debt collector may be more fearful facing a judge for the situation than you will be.

 

[Nostrum]

Let them prove what's he's saying is true?

Although, judging by the lack of response I'm guessing it's a bit late... :bobby:

 

[wetdrip]

Just be straight up and tell it how it was / is.

You went the Pub, has a few drinks, came home, saw a stranger in your house who was getting aggressive towards your wife and you did what any other person would do - to protect her and your home.


You got into a scuffle and 'inadvertently' clashed heads.

Unless the guy was taken away in an ambulance, you used only enough force to subdue the intruder.

If you don't have any recent charges against you for violence - you will get off with a warning.

The debt collector may be more fearful facing a judge for the situation than you will be.

A warning will be recorded as "criminal record"

 

[Ray Stafford]

A warning will be recorded as "criminal record"

Depends. Accepting a formal police caution constitutes a "criminal record". A stiff telling off from the arresting officer doesn't.

 

[WaterTight]

couldn't you have just tried being threatening? perhaps started with a slap?

 

[lame plumber]

2 witnesses against one bailiff is hard to disprove, especially if the same legal representative is looking after both of you, dont rely one one each, mistakes can occur. Be aware the legal representative doesnt have to be a solicitor, they dont turn up nowadays until there is a case to answer, my son used to do it before he qualified as a solicitor, he was rather good at it.

 

[WaterTight]

and most importantly, discuss what really happened first on an internet forum

 

[Ray Stafford]

At least its a private forum, that can't be accessed by a casual google search

 

[rocketmanbkk]

Say nothing if hauled in by cops. It's for them to prove you've committed a crime.

You say nothing, he says something, your wife says he pushed her & you made a pre emptive strike to defend.

Get the duty solicitor in with you, say nowt, see what evidence they have.

They may disclose it after a while of no comment answers but as I say it's for them to prove. 'Points to prove'

The CPS then makes a decision to charge or not

Your word against his

Stay shtum

 

[wetdrip]

Depends. Accepting a formal police caution constitutes a "criminal record". A stiff telling off from the arresting officer doesn't.

Had a Brother-in-Law my sister's first husband: Police Sergeant, AND A KNOB
My sister's second husband is a "just retired" Chief Constable. BIGGER KNOB.
They are only after a result, and a stiff telling off is as rare as hen's teeth.
I've never heard of it.
Nowt will happen at best. The very least will be a caution.
As there's no proof to actually what happened: C.C.T.V.
A complaint may be put forward, and the police may visit.
The baliff's treading on very thin ice. Would think he knows that.
I'd say nowt will come of it.

 

[REDSAW]

just tell them he grabed the missus boob. then hes a goner

 

[rocketmanbkk]

Let's hope she's not flat chested then or they'll know he's lying!

 

[Best]

Had a Brother-in-Law my sister's first husband: Police Sergeant, AND A KNOB
My sister's second husband is a "just retired" Chief Constable. BIGGER KNOB.
They are only after a result, and a stiff telling off is as rare as hen's teeth.
I've never heard of it.
Nowt will happen at best. The very least will be a caution.
As there's no proof to actually what happened: C.C.T.V.
A complaint may be put forward, and the police may visit.
The baliff's treading on very thin ice. Would think he knows that.
I'd say nowt will come of it.

A bailiff cannot enter a house where a woman is alone. They should only do so if they have a witness (another bailiff) as far as I know.
Although I am in plenty of houses with a woman alone. :smile:

 

[rocketmanbkk]

A bailiff cannot enter a house where a woman is alone. They should only do so if they have a witness (another bailiff) as far as I know.

I was also thinking he should not have been alone.

Did he have a cam on to record to protect himself

 

[Best]

I was also thinking he should not have been alone.

Did he have a cam on to record to protect himself

There was a programme about the bailiffs a while ago & a woman invited the bailiff at her door into her home. Guy told her he would come in providing the other bailiff can come in.
It would be so easy for a woman to say you had threatened her or groped her or asked for payment in kind.

 

[missplumb]

A bailiff is not allowed to enforce a debt unless a notice of distress is gained from a court. There is a big difference between a bailiff and debt collector. Baillifs are allowed to enter a property via either an opened door or an unlocked window. They cannot "break in" until they have a signed walking possession. Bailiffs can work anything from 7am - 8pm for personal debt and 24hrs for businesses. They can also enter when a lone female is home but not when children under the age of 14 answer the door. As a certified bailiff myself although not now practising, I've been on both ends of the stick. If he has a court order then the police would side with him as he was carryng out his duties and you assaulted him.
Good luck and i hope you don't get into to much trouble.

Oh and debt collectors don't have any rights unless you sign to agree they can enter your property.

 

[newcastle phill]

I know 1 or 2 debt collectors up newcastle, the type that if they come calling you really wanna move town - fast.

 

[jonnyswamp]

Plenty of gorillas down here too, just looking for a legal way to bully people
There's always somebody harder/younger/quicker around the corner to take their crown
I hope you're OK JCS

 

[newcastle phill]

So whats the update ?????

 

[Neil K]

I'm reading this thread with great interest due to being put in a similar situation not too long ago- not with bailiffs though, my missus ex partner turning up at the door giving us grief. Let us know how it went please JCS