Bailiff

mimi -  
 bdxdt -
Hello,

I made an online order with a payment plan of three installments with no fees.
One installment was not paid due to a bank change.
A bailiff called me and called me a scammer, refusing to listen to my settlement proposals and wants to seize my bank account.
What can I do against this person; do bailiffs have all the rights?!
Thank you
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13 réponses

Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215
 
Hi

A bailiff or a debt collection agency?

I’m leaning towards the second option

Did he give you his name, first name, and place of practice?
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As for these fierce soldiers, I’m saying this not to tattle, but they’re just roaring in our fields.
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mimie13 Posted messages 8 Status Membre
 
Good evening;
I did some research online, apparently it's a partnership of bailiffs.
He didn't introduce himself personally, but he attacked me directly.
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215
 
A SPC?

What's that?


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As for those fierce soldiers, I'm saying it—not to gossip—but they do nothing but roar in our fields.
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mimie13 Posted messages 8 Status Membre
 
SCP bailiffs associate
I think!?
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215
 
It all looks like a collection agency

Do you have an address?

An exact name, anything about them?
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As for those fierce soldiers, I'll say it, it's not to gossip, but they only roar in our countrysides.
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215
 
Ok, that’s what I thought

it’s crap, it’s a debt collection agency

well, don’t panic, I’ll come to your aid ;-)

go get some information here for a general idea

http://www.commentcamarche.net/forum/affich 5832916 the debt collection crooks

and especially here for your options

http://www.commentcamarche.net/forum/affich 6092846 defending yourself against collection agencies

and a bit here to finalize everything.

http://www.commentcamarche.net/forum/affich 5850435 private debt collection agencies

I know it’s a lot to read, but in the end you’ll know everything there is to know about these companies

In case I’m mistaken (you never know), ask them for proof of their status as a state bailiff (registered letter with acknowledgment of receipt bearing the Marianne seal)

but I would be very surprised, a bailiff doesn’t act like that

read very carefully the 3 links

first priority is the first post of the 2nd link

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As for these fierce soldiers, I’ll say it, it’s not to snitch, but they just roar in our fields.
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mimie13 Posted messages 8 Status Membre
 
Thank you very much for the information, I will check the links this evening.
Have a good evening.
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mimie13 Posted messages 8 Status Membre
 
thank you loute 06
I have the contact details for the collections department at Cdiscount, I will deal with them directly.
Whether it's a law firm or a bailiff, that doesn't stop them from being polite and they don't have to call me a crook because I made 2 orders at Cdiscount with 2 different credit cards! And there was a payment issue of 62 euros. Thank you anyway for your responses, have a good evening.
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mimie13 Posted messages 8 Status Membre
 
not having received any mail, I asked her to send me a letter with the amount owed;
she replied, no I won't send you a letter, I am warning you that I will seize your bank account and she added hoping that this phone call will brighten the rest of your day. It's quite ironic, isn't it!!
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215
 
Wait, wait, she REFUSED to send a letter?

How does she want you to pay?

Did she add a commission? court fees? processing fees?


This stinks of a scam.
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As for these fierce soldiers, I'm saying this not to tattle, but all they do is roar in our countryside.
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Loute06 Posted messages 257 Status Contributeur 98
 
Yes, it's obvious I would lean towards a woman from the litigation department as I mentioned earlier, in any case it sounds like a nice b**** who called you.
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1: the least you can do = site charter: politeness
2: don’t forget to close your messages if you are satisfied with the solutions provided
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mimie13 Posted messages 8 Status Membre
 
Yes, she refused to send me a letter; she just warned me about what she was going to do, and that's it!
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215
 
Let it go, settle your debt directly with Cdiscount, and once this is done (as quickly as possible, though)

if the "bailiffs" call you, ask them either for a registered letter with acknowledgment of receipt stamped by Marianne, or for a clerk at home


if they refuse, tell them to shove it deep
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As for those fierce soldiers, I say, it's not to gossip, but all they do is bellow in our fields.
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mimie13 Posted messages 8 Status Membre
 
She didn't even make me any proposals!
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Loute06 Posted messages 257 Status Contributeur 98
 
honest or dishonest? ;-)
No, seriously contact Cdiscount
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1: the least you can do = site charter: politeness
2: don't forget to close your messages if you are satisfied with the solutions provided
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mimie13 Posted messages 8 Status Membre
 
Okay, no problem, that's what I'll do
have a good evening to both of you and thank you
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bdxdt
 
When you know nothing about law and cannot write French correctly, you ought to refrain from making comments, shouldn't you, Pierre Castor! And even more so when you do not know what a Professional Civil Society is!!! Fortunately, Loute... was there to provide us with clear and coherent information!
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Loute06 Posted messages 257 Status Contributeur 98
 
Good evening
So a SCP is a group of bailiffs who come together to work collaboratively! It has nothing to do with a debt collection agency
Then when you owe money to someone you are their debtor, so companies like Cdiscount engage either a debt collection agency or bailiffs who will act as representatives and are tasked with recovering the debt of which you are the debtor.
If you pay the outstanding amount, no one will seize your account; moreover, for that, a decision from a district or local court judge is required, and you're not at that stage. So settle your debt, and the dispute will no longer be relevant.
--
1: the least you can do = website charter: politeness
2: don't forget to close your messages if you are satisfied with the solutions provided
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215
 
I didn't say not to settle the debt

But I admit that a bailiff contacting me by PHONE and not wanting to hear any payment proposals while talking immediately about seizing the bank account raises doubts in me

Normally, a contact from a bailiff is made by registered letter with acknowledgment of receipt and the stamp of Marianne

A phone call has no legal value, sorry
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As for those fierce soldiers, I say it, not to tattle, but they do nothing but roar in our campaigns.
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Loute06 Posted messages 257 Status Contributeur 98 > Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention  
 
Ah, but I didn't say the opposite, don't be sorry.
But a SCP is a civil professional company and has nothing to do with more or less shady debt collection agencies.
Now we have to see if he didn't deal with a potential usurper who wanted to impress him over the phone, but as I say, written words remain while spoken words vanish, so as you said, he needs to wait for an official letter from this office if there is really a procedure underway.
--
1: The least we can do = site charter: politeness
2: Don't forget to close your messages if you are satisfied with the solutions provided.
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215 > Loute06 Posted messages 257 Status Contributeur
 
Oki, I misinterpreted, later, I don't know much about the legal powers of these SCPs, I was just basing it on the facts that were given to me, and it seems suspicious

Indeed, if the client is "at fault," he better pay his debt, clear and simple. But there’s a way to do it, and in any case, you shouldn’t worry before receiving the LR/AR WITH the Marianne stamp.

I've already seen enough cases where the client was within his rights and they still wanted to take his money.


I believe that to make a distinction, before the LR/AR, you need to see if they are asking you for additional fees; in that case, be wary.

Because there are also real bailiffs who act as fronts for this kind of company
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As for these fierce soldiers, I say it, it's not to snitch, but they do nothing but bellow in our countryside.
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Loute06 Posted messages 257 Status Contributeur 98 > Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention  
 
Well, actually it's rare for a bailiff to send registered letters with acknowledgment of receipt; generally, you see a sworn clerk showing up to hand the document to you personally (if not, then through other means, but we're not on the right forum for legal lessons ;-)).
Sometimes, there are "zorros" from the collections departments of companies trying to intimidate clients into paying because, of course, going through a bailiff has a cost and it's not cheap, so before reaching the bailiffs, we usually deal with the collections departments of the companies.
--
1: the least you can do = site charter: politeness
2: don't forget to close your messages if you are satisfied with the solutions provided
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Pierrecastor Posted messages 10830 Registration date   Status Modérateur Last intervention   4 215 > Loute06 Posted messages 257 Status Contributeur
 
Yeah, I'm in agreement here

But look at the messages below, a phone call followed by a refusal to send a letter,

and I'm not even talking about home visits

no, it stinks of a scam
--
As for those fierce soldiers, I'm saying it, it's not to gossip, but all they do is roar in our fields.
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