Bailiff - can’t stop crying

[Towybow]

So to start the past year has been stressful
my dog died - he was everything to me and we watched him die over a a week in the most horrible way.

on the day he died the first vet I took him to - who misdiagnosed him, called me about the insurance claim. They put it through and I consented to this. I ended up writing a complaint about their treatment it was horrid. I have a letter where they say they will reduce the treatment to £313 - I had confirmation from my insurance this was already claimed and so I never thought any more of it. I was wrapped up in grief. A month later mum was taken to hospital and she nearly died. She had a life changing injury and whilst she was in hospital I was dealing with some matters whucg turned out she had very bad mental health. She then suffered delirium for 4 weeks and as her only child and with family it did fall on me to visit each day on my own. I have a dd who also has her own struggles. She has severe asthma and we are both on pathway for adhd.
my mum was not in the best place when she came round and sadly I bore the brunt of it if there were days she struggled. There were days I wanted to just off myself. But I never would cos of my daughter.

in November I was out on a 2 week pathway for cancer whucg we still haven’t got to the bottom Of but a barium swallow was clear.

in March I sought treatment for my mental health as I have been really struggling I’m on medication now which has been hard.
I do struggle daily and have been to the doctors with 4th bout of bronchitis and still really suffering with a anxiwty and depression.

in March I started breathing space and working wit step change as my finances have got completely out of hand. Largely cos I forget and every day I’m fighting to just keep afloat I feel all alone in this world.
I had a letter from a solicitor about this debt, I was going to call the insurers and ask why not paid when I did they said I didn’t confirm it to be paid at the time. I didn’t have the energy to fight this because to be honest I just don’t know what’s happened. So I added it to my debts to be included in the debt management plan thinking I’ll just pay it because I don’t have the energy to fight it. It sounds stupid. It even speaking to people at the minute is a big hurdle. - oh in between all of this iv had to move my DD’s school because of how much she was struggling. She also is having difficulties in seeing her dad. -

so today a bailiff comes and says he’s collecting my items in 5 days - he says I’m to email breathing space and wouldn’t talk anymore - the letter says he’s coming in 5 days and will take my stuff and if that doesn’t cover the hill, which is now £2200 they will apply to make my bankrupt. Part of me doesn’t even care what they take now but I am scared of a man coming in and my daughter seeing that. I have previously experienced dv and I’m scared. Since he came in been crying and I can’t stop crying.
step change say to apply for a stay of execution but every where is shut. I can’t focus to add more inowed my mum some money from when my dog died and having to seek another vet opinion and from him being out to sleep and so she is taking a sleeve chunk of my wages each month I can’t even get through the melnth

I feel so tired and I don’t even know where to start
I want to seek support for my mental health but I’m scared as I work in a helping profession and if they think my mental health is bad they may tell my employer? I’m not sure I do feel at crisis though but I just don’t know what to di about any of it. Sorry for long post

yes I am
on medication I have sent them confirmation of this.

I have spoken to the vets today they say they will not stop action . She sent the following:

So after looking through pups record, I can see that you had raised a complaint after pup’s visit here.
The response to your complaint was resolved with our lead vet Dr L (on 19th June 2023), for which we did not receive a response from you.
My practice manager emailed you on Monday 21stAugust 2023, chasing a response from you as in DR L’s response she had offered the following…

As a gesture of goodwill, we are able to credit the daytime hospital charge, the fluid administration charge and the charges for mirtazapine (appetite stimulant) and prevomax (anti-sickness) medications. These fees to be credited total £414.25. This leaves a balance of £337.06 outstanding. If you are happy to accept this gesture of goodwill please contact us at the practice so that we can arrange to amend the insurance claim that has been submitted.

On the 22nd September 2023 my practice manager had spoken with your insurance company, and it was said that the claim was cancelled due to a lack of information on pup’s history provided by yourself, we were informed that your insurance company had sent you an email to confirm this.
On the same day my practice manager emailed you what we call here a letter 2, this is because at this point the outstanding debt falls back onto the practice and at the time we did not hold a credit license in order to hold debt, also following our policy of all treatment being paid upfront and later we assist clients with claims.

On the 3rd October 2023 I from our debt management team had tried to call you to no avail.
On the 5th October 2023 we posted a letter 3 to you, which is a final reminder that payment is due.

On the 20th October 2023, we had contacted your insurance company to check the claim status and it was still closed, it was then we referred your debt onto DWF.

We had followed the correct protocol that we use to treat everybody fairly and I believe we made every attempt to make contact with you using the details we had. As we are in the bank holiday weekend with no management in, I am unable to promise you that we can hold this, Equally with the information above regarding communication with you I would lean towards this being unlikely.

I have as ever, forwarded your email onto my practice manager and debt team. We will aim to respond as soon as possible.

———
I asked for copies of the email on September 23rd and the letters and she asked me to call her which I did
she then said no email was sent in September it May of been a letter
she said I didn’t answer phone calls. I explained between July-October I was mainly caring for my mum but had I of received an email saying i owed the money I would have responded.
i gave her information and offered prof that this is genuine. She said they can’t take it back. I said the money in the judgement is wrong as even without their ‘goodwill’ gesture teh invoice amount was wrong as he hadn’t stayed over night whucg was part of my complaint. She agreed and asked why I hadn’t changed this and I explained my dog had just died I was distraught and I didn’t care about an them having an extra 200 at that point so I let them have it. I sent her the documents whucg show in my view that Everything was ‘processed and submitted’ in their words. She said she did believe me but it’s too late and they won’t stop any action.

do I have a case to set aside or should I just make an arrangement and pay this?
it’s making me relive everything with my dog and all the stuff that happened since and I can’t focus on anything

Great I will
do this. Just posted on legal beagles

On the 20th October 2023, we had contacted your insurance company to check the claim status and it was still closed, it was then we referred your debt onto DWF.

OP this formed part of the vets recent response to you. What does DWF stand for? Is it the name of the debt collection company?

This is looking more and more like they haven't taken you to court yet. Companies usually use debt collectors as a first attempt at extracting payment before they take someone to court.

These debt collectors you have had at your door have so far behaved very unprofessionally and I think they have (amongst other bad behaviour) tried to convince you they are bailiffs from the court when maybe they aren't.

It's an important distinction. Court appointed bailiffs have powers to seize goods. Debt collectors have no powers.

There is a ccj they have taken me to court I just didn’t know about it

dwf is the solicitors I believe

How come you didn't know about it? If court papers were issued to a wrong address or some other reasoning you can prove is not your fault that's all you need for getting set aside.

Did you find the email from the insurance company saying that they have cancelled the claim?

No didn’t have that and when I asked them to send me it yesterday they only sent one dated that very day! Not from September
in fact I didn’t cancel my insurance until a good few months later and I called them and they didn’t mention it

There's lots of layers to this. I'd suggest you send a SAR immediately to the vets for everything on your file since the day you last took your dog there as it may take them 28 days to put together.

Apologies that will be tough to re-visit but you want all letters and emails they have sent you and received from you since that date and all information they hold about you.

ico.org.uk/for-the-public/getting-copies-of-your-information-subject-access-request/how-to-make-a-subject-access-request/

I have sent a vulnerability notice to vets and bailiff. Iv lodged a set aside request to the courts.
I called the bailiffs and they said they can’t place on hold iv asked for their policy on working with vulnerable people but had no response from any of them! I don’t know how they can just ignore someone like this but the say they will just turn up at any point

What is the bailiff company? I'll see what I can find.

I’m at debt adviser at Citizens Advice. Do not let the bailiffs in and do not sign anything. Using high court enforcement agents is just a way of getting bailiffs to sound scarier - companies pay more to use them for this reason. They have no special powers. Unless you’ve previously let them in and signed a Controlled Goods Agreement (a list of your goods) then they can’t force entry into your home. Didn’t read all the thread but if the debt was included in the Breathing Space they should not be enforcing it. Stepchange should sort that for you as they did the Breathing Space. Then carry on with the debt advice process to see what your options are. Also don’t feel that you have to enter into a payment arrangement with the bailiffs. They will want it paid very quickly and will include their fees. You need proper debt advice to guide you through this.

Thank you it’s HCE high court enforcement
had absolutely no response from the bailiff

https://hcegroup.co.uk/news/2023/world-mental-health-day

https://hcegroup.co.uk/privacy-policy -
When we are required to obtain health information where it is relevant to issues of vulnerability, as provided under regulations 10 and 23 of Part 2 of The Taking Control of Goods Regulations 2013, governing the enforcement of such orders, the information obtained is used by administration staff and Enforcement Agents to alert creditors where they have identified such debtors. Enforcement Agents and relevant staff are trained to recognise and to manage interactions with vulnerable debtors, and when to withdraw from such situations.

Some of their own words you can quote back to them alluding to their responsibility to inform the creditor of vulnerability and them allowing you more time to seek advice.

Thanks the vets are saying they have followed process and it stays with the bailiff company

the bailiffs say their policy is not to visit if vulnerable and to speak to the vets to see if they will take it back (they won’t)
But it’s on hold whilst I get doctor to complete the form to confirm I am vulnerable

bets have sent me email
to say sorry but no and I can make a complaint

nothing from courts yet

OK this sounds good. It's likely the Bailiffs will send the debt back when they realise they cannot recover it. So now would be a good time to get your Data Subject Access Request in to the vets if you haven't already so you can fight them once bailiffs are aside.

Also didn't you apply to Set Aside? If that's granted then it should also come back from the bailiffs as its that process that led to those bailiffs being allowed to enforce.

Once it's set aside, the vets could attempt to push for a new CCJ however you'd be able to defend it, and possibly have the vets back down before that point.

Yes I applied on Tuesday but not heard back!
they said they would continue with action until otherwise advised
I don’t think they send it back to vets though as vets won’t take it back, they said they’d ask
plus it’s gone worse whilst on breathing space

I feel like they just don’t listen especially the vets

I wish I could actually help. But I know exactly how you feel, I was in a similar situation recently. I asked if the bailiffs could hold off whilst my IVA was being negotiated, especially with my MH issues. Flat no.

I thought Breathing Space was meant to halt everything so it shouldn't have got worse?

There's very little action a bailiff can do if they don't visit you though, just letters and calls asking for payment. They won't be keen to tell you but likely they will send it back to courts if they can't collect. Then the vets would have to look at other ways of enforcing by maybe Attachment of Earnings however you can avoid that by negotiating directly with them before that point but may not be needed if the Set Aside is actioned. At this point as the vets are not backing down, the best thing is to get that Subject Access Request in. For now you just want the bailiffs to back off and get Set Aside.

After that then pick through the Subject Access Request information to fight back ahainst the vets and also information to defend if they do apply for a CCJ again. If you run rings around them long enough they may back down when they realise you're not gonna roll over quietly!

Also, after you have sent your SAR to the vets, email them asking for their complaints procedure. We need to formalise these discussions you are having and keep things in writing now so only communicate via letters or emails.

This is when they begin to give you the rope to hang themselves with as they have to write that they are going to continue with chasing the debt despite you making them aware you are and were vulnerable. They are classed as a creditor and may have to demonstrate how they took your vulnerability into consideration (baring in mind a recent loss of your dog is a vulnerability in itself)

It's not just you Vs the vets, once their complaints procedure has been completed, if they are still not backing down you can engage the Veterinary Client Mediation Service - they're impartial and free to use.

Once you have the SAR info I am happy to look through it for any points we can use to help you form your complaint.

I'm not a professional and don't work in the field but have made successful complaints that have gone onto ombudsman's and mediators and won so I can form a good argument!

They sent in ten email that they worn en taking the debt back and that they are satisfied they tried to make contact via their process they sent me the complaints procedure! So iv made them aware sent evidence and they say it doesn’t change a thing so I’ll perhaps instigate the complaints process now to say they haven’t taken into consideration? Have to get to stage 3 before they will get the mediation service involved

Fab thank you

Yep definitely the complaints procedure now so you can get through Stage 3 but also 100% get that SAR done as you may find incriminating information against the vets handling and contact. You can Inbox me your letter and I can do some edits if you want. Just let me know on here when you PM me as I don't tend to use the Inbox but I have this in My Threads list.

Thank you so much for your help. I eill
do today