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Want to get rid of annoying Debt Collectors from your door,
telephoning or sending nuisance letters?
Heres how, with a simple Cease and Desist Notice
Firstly, the following letter will only work with civil debts
such as the following:-
Council tax arrearsBank debtsCredit card debtsUtility
companiesMobile phone companiesPersonal debtsCounty Court
JudgementsCivil Court orders
If you are uncertain then check the type of debt the bailiff is
calling for.
Secondly, this letter cannot be used on bailiffs collecting for
Criminal Court fines. These are debts involving arrest or caution
by the police and prosecutionby the Crown, which may have been
heard in a magistrates or crown court and resulted in a criminal
record and a fine.
If you are uncertain, again, check carefully. We will not be
held responsible for any mistake you make.
Thirdly, and most importantly:-
ALWAYS PAY YOUR DEBTS BUT DO SO DIRECTLY TO THE COMPANY,
INDIVIDUAL OR DEPARTMENT YOU OWE THE MONEY TOO.
If the company who issued the debt or court order will not
accept your money andinsist you use a bailiff or debt collection
agency, REFUSE. It is your right.This will leave you in the
strongest position, because you have offered to payand they have
outwardly declined. So KEEP your money. In these instances,
makesure you record any conversation or retain any correspondence
where the company
has insisted you pay the debt collector.
So, as long as youre certain of the information above, now do
the following
Just print off the cease and desist notice in any of the formats
at the end of this page, open it in your word processor, text file
or editor adding the necessary information in brackets:-
Your full address. No need to put your name, just leaving it as
The Occupierwill suffice.
The dateThe bailiff company name within the first paragraphNo
need to enter your name at the end or sign it.
Get the full postal address of whichever bailiff company is
visiting you, calling you or sending you letters.
Send the letter via RECORDED DELIVERY. The signed proof of
receipt will be essential evidence.
Thats it!
Now heres the letter. You can choose it any of the following
formats:
7/28/2019 Bailiff Zapper.txt
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MS WORD FORMAT (Please note this was saved out of a Mac into
Word format, soit may not always work. Baliffs Cease and Desist
RTF (Rich Text File) This document will open on most word
processors and text editors across platforms. Baliffs Cease and
Desist
PDF FORMAT (If you open this in your browser you can highlight
and copy thetext and paste it anywhere you like)Baliffs Cease and
Desist
In 90% of the cases the bailiffs will simply go away, purely
because most of them understand the law, and will realise that you
do too by sending the letter.
Effectively you have done the following things to zap them:
Removed rights of access:- Under common law pretty much anyone
has the rightto walk up to your door. However, if you notify the
individual that you are removing such a right of access by either
letter, a notice on your window or verbally, the unwanted visitor
must leave when they are told. If they do not, they arecommitting
trespass.
Stopped them from obtaining your details without your
permission:- Every company has a duty of care to ensure that
personal details are collected, retainedand distributed in a
reasonable and safe manner. Any company that retains excessive,
outdated or untrue data or makes intrusive enquiries about your
identity with neighbours, landlords or others, is in breach of the
Data Protection Act andis liable to prosecution. You dont have to
take them to court. You can simply co
ntact the ICO and report them from there. The ICO can fine and
prosecute companies who refuse to comply. They would ask that you
first contact the company concerned and ask them to rectify the
situation, which is exactly what this letter is about.
Blocked them from making Nuisance Calls. If you have not already
done so, then register your contact phone numbers with the
Telephone Preference Service. Once doing so, any company that
attempts to contact you when you have explicitlytold them to stop
is in breach of the Telecommunications Act and liable to
prosecution. In this instance, any further nuisance calls can be
reported to Ofcom. Unfortunately Ofcom are not as proactive as the
ICO so unless you want to prosecute the debt collectors themselves
through civil court, its best advised you contact your phone
provider to have nuisance numbers blocked.
Forced them to Acknowledge Your Letter - By sending the letter
via recorded
delivery and explicitly stating so inside your letter, the
company concerned cannot claim to never having received your
letter. Your signed recorded delivery slip is confirmation enough
and you can print off the receipt via the Royal Mail Track and
Trace service.
It would be a very unwise and stupid debt collector that
continues to pester youafter this, but unfortunately too many
bailiffs are unwise and stupid.
If you still achieve no peace from the debt collectors, or
perhaps due to no fault of your own, your creditors or the bailiffs
have complicated the issue beyondthe scope of this article, never
fear, help is at hand. There are many forums on the internet
devoted to offering advice and assistance to those having problems
with debt collectors.
I would particularly recommend the LEGAL BEAGLES website. It is
a community forum that can offer free expert advice on all matters
concerning doorstep cockroaches. Many of them will even offer to
draft up free legal letters to send to bothbailiffs and
creditors.
Also try The Bailiffs Forums which covers criminal law court
bailiffs.The Consumer Action Group which offers specialized advice
on debts.MoneySavingExpert for more domestic orientated advice.Get
Out of Deft Free Forum for a full range of advice from credit cards
to parki
