Elliott Davies are bailiffs and they may attempt to speak to as many as thousands of debtors each and every day. Debt is a major issue for many people, and if you are facing debt problems, you are one of many. If you have failed to make any attempts to pay back the debt you owe, bailiffs like Elliott Davies may be on your case.

It can be distressing to be contacted by bailiffs out the blue, especially if you don’t even know who they are. This is why we have produced this article to try and help you deal with the contact from them. You will find out more about who they are, why they are contacting you, and how to deal with them. We hope this makes you feel a bit more informed about bailiffs in general.

Who are Elliott Davies?

Elliott Davies is the trading name of Court Enforcement Services Limited which is part of the JBW Group, a major nationwide debt collection agency. JBW Group has been part of the multi-national Outsourcing Inc. group of companies since 2016.

Elliott Davies provide High Court enforcement services, including dealing with CCJs and Commercial Rent Arrears Recovery. They also evict squatters and other trespassers as well as undertaking process serving.

Elliot Davies concentrates on the North East of England and are managed by Malcolm Davies, a Certificated Enforcement Agent and a Fellow of the Chartered Institute of Legal Executives. He is also a member of the Association of British Investigators. Elliot Davies are an Affiliate Member of the Credit Services Association and operate under the CSA Code of Practice.

Address:
13, Blossom Street, Great Ancoats Street, Manchester, M4 5AF

Registration Number:
188235

Incorporation Date:
3/3/1923

License Granted:
01/08/2017

Also Known As:
Elliott Davies Limited
Elliott Davies Ltd
Elliott Davies Group
Elliott Davies Bailiffs
Elliott Davies Debt Collectors
Elliott Davies Debt Collection
Elliott Davies Agency

What Is The Reason for the Calls?

Are Elliott Davies contacting you continuously and because you don’t recognise them, you are wondering why they are calling, and even if they are legitimate? It is safe to say that Elliott Davies are definitely a legitimate company, who have the right to contact you about your outstanding debt. These are some possible reasons why they may be trying to track you down.

  • You have debt you have failed to pay back to businesses, organisations or other individuals
  • You have unpaid tax due to HMRC
  • There are credit cards or payday loans you have failed to pay back
  • You have defaulted on court fines

The reason why the bailiffs have ended up with it, is because the original creditor has passed your unpaid account over to Elliott Davies, usually because they have been unable to get hold of you to settle the debt. This means that although the debt is not with Elliott Davies directly, they still have the right to collect the money. Some of the companies they may work on behalf of, include:

  • Utility companies which may include NPower and other similar organisations
  • Mobile and broadband companies including well known supplies such as O2, Virgin Media and EE
  • Local council, for council tax debts and similar

Elliott Davies may not buy the debt individually, they may purchase it in bulk, as it is more worth their while. They will make profit on the debt when they start to receive payment, and since they buy the debt at such as low cost, it can prove to be quite a profitable business!

Is There Any Way to get Elliott Davies Off Your Back?

It is likely that if you have been contacted by agents from Elliott Davies, they have probably seemed quite ‘eager’ to get you to pay your debt. They may come across quite brash when you speak to them, and they may even insist that you pay the debt right then and there!

If you have been contacted by Elliott Davies, it is because you have an outstanding debt and you should not ignore this. If you ignore them, they will continue to contact you anyway, so it is not beneficial to you to fail to deal with this debt. If you want to ensure they don’t come to your door, you should clear your debt or make arrangements to pay it back.

Although Elliott Davies do have a lot of powers, they must also treat you fairly and these are some things they should not do to try and recover the debt.

  • Send threatening letters that look like court forms
  • Call you at times which would be deemed as unreasonable, such as before 6 am and after 9 pm
  • Contact you in ways which you have asked them not. For example, if you have requested that they don’t call your workplace, they should definitely not do this!
  • Use words and phrases which they know you won’t understand, in an attempt to try and confuse you.

The best thing to do is to speak to them directly and discuss your financial situation, and the steps you wish to take. The sooner you are able to resolve the situation, the less likely the chances are of it escalating even further. It is always best to communicate, even if you are unable to pay the debt.

If you have checked the correspondence and you don’t believe this is your debt, you may ask them to prove it, including evidence to support the claim,The Financial Conduct Authority’s guidelines have more information on this (see section 7).

Do Elliott Davies Have All the Powers?

When you are being contacted by enforcement agents, it can be easy to get into the mind frame that they are the ones with the powers, and you just need to take anything they throw at you. However, this is not the case. Yes, they do have some powers, but so do you!

There are rights as far as it goes with bailiffs visiting your home and trying to get the debt payments from you. They may even have powers to go into your property and take goods to sell. This is usually only something they would do if you won’t let them in, and you refuse to make arrangements to pay them.

If you get that dreaded knock on the door from Elliott Davies, and you advise them you won’t be paying the debt, they may decide to take everyday items from your home, such as your games console or TV. The things you don’t really want to have to do without!

If you have serious debts, such as when you have failed to pay your criminal fines or stamp duty the bailiffs may end up forcing entry to your home, but they would only ever do this if they have no other choice. These are some rules that bailiffs should adhere to under normal circumstances:

  • If they enter your home, they should not push you out the way to gain access
  • They should not enter your property if there are only vulnerable people in the property or young people under 16.
  • They have no right to enter your property at unsociable times, such as late at night or very early in the morning
  • They should only enter the property via the door, not windows or any other way

Preparing for a visit from Elliott Davies Visits?

You will not be required to permit access to bailiffs, unless it is exceptional circumstances, such as tax debts or court fines. They will probably try and insist that you allow them permission, but under normal circumstances, this would not be allowed. If you do have serious debts, you should insist that they provide you with the necessary paperwork to prove this. They may decide to get a locksmith in the place to gain entry, but they will not be able to break the door down.

If Elliott Davies turn up at your door, you should request that they provide you with identification. These are some of the typical types of ID they should be able to provide you with:

  • Identification that shows who they are, such as an ID badge
  • Evidence showing the company they are contacting you fro (i.e. Elliott Davies)
  • Proof of what you owe, with a clear breakdown
  • A warrant or writ, if they plan to force entry

You don’t need to allow them entry to your home to provide these documents, you can ask them just to put these through your door. Some key things to check on the documents is that they are in date and the information is correct.

If you have checked the documents and there are any details you are unsure about, you should tell the agent from Elliott Davies to leave, and you should contact the head office instead. If the details on the debt is incorrect, such as the name, you should speak to head office.

Elliott Davies will keep trying to get the debt from you, so it is worth contacting the head office either way – even if you don’t believe you owe it.

Have Elliott Davies Already Taken Your Goods?

If you have already allowed access to Elliott Davies into your property, you may be worried that all is lost, and you’ll never recover your goods, there are things you can do. The key here is to act as quickly as possible.

You should aim to settle your debt, if possible. The other option is to speak to Elliott Davies and ask them to set up a suitable repayment plan for you. You may even be able to buy the goods they have taken to clear the debt.

Elliott Davies have a responsibility to follow a certain legal procedures, and if they fail to do this, you could be entitled to get your goods back. You may contact Citizens Advice for more information on this.

Responding to Contact from Elliott Davies

If Elliott Davies have contacted you, there are some things you should (and shouldn’t do) to deal with the situation.

Don’t hide from your problems

You should never ignore contact from Elliott Davies as you can bet they won’t just disappear. They will keep trying to reach you, and may even cause you a great deal of hassle in the process. In some cases, you may end up being charged more for the debt, depending on the action they need to take. For instance, you could be charged the following:

  • Compliance – £75. This is the cost for sending an enforcement notice with a request for payment.
  • Enforcement – £235 (or 7.5% over £1500). A charge for visiting your home and taking goods.
  • Sale of goods – £110 (or 7.5% over £1500). The cost if they need to sell your goods to cover the debt.

You should always respond to any correspondence you receive, even if you are not responsible for the debt. Make sure you know if you are liable for the debt payments, and then take the most appropriate action.

Is this even your debt?

If you have received correspondence from Elliott Davies saying you owe money, you should always seek confirmation on the debt. It could be the case that the debt is someone else’s and they have contact you in error. It may even be the case that you paid the debt previously, but they had not updated their records.

You may not need to pay the debt, if you have failed to make a payment within the last six years, or you have not spoken to the creditor in this time. If you were put under pressure about signing the agreement or there were no checks carried out to check you could pay it back, you may not be required to pay the debt at all.

Clear your debt

If Elliott Davies is able to provide proof that this is your debt, you would be required to repay it. If you are able to do this, you should clear the debt as quickly as possible. In this case, the company won’t contact you again about the debt, so you will have one less thing to worry about. Ask Elliott Davies to give you a receipt to confirm the payment has been made.

In cases were you can’t afford to pay the debt in one go, you can come to an arrangement to repay it via a suitable repayment plan. You can contact Elliott Davies and discuss your income and expenditure, and they will be able to develop a suitable plan. They will usually put a hold on any further charges.

Do You Need Help to Deal With Elliott Davies

There are options available to you, if you need help in dealing with Elliott Davies. You should speak to them in the first instance, and find out what your options are to deal with the debt situation. You should pay the debt if possible. If you need help to deal with Elliott Davies, there are plenty of options available to you, depending on your situation.

Individual Voluntary Arrangement (IVA)

You may be able to write off a chunk of your debts by setting up an IVA. With an IVA, you can combine all your debt together, and make just one monthly payment towards it. After a certain time has passed, usually around five years, the rest of your debt will be written off. An IVA is a good option if you have substantial debt.

Debt management

There are other forms of debt management available, and these will be dependent on your circumstances. Some of these options include debt management plans, consolidation loans, and bankruptcy. You should look into the different options, and speak to professional organisations to determine the best option for you.

Citizens Advice

Citizens Advice are one of the most popular organisations for providing free debt advice and support. They can provide highly skilled, experienced staff who are on hand to offer help in managing your finances. They can also check any correspondence you have received.

Check the reviews

You just need to take a quick look a the Trustpilot reviews of Elliott Davies to find out how bad they can be. There is lots of negativity around them, with words like ‘bullies’ and ‘mistreated’ being popular. If you are in a position where they have not treated you fairly, you can make a complaint. If Elliott Davies fail to respond to your complaint, you would be able to take it further by contacting the Financial Ombudsman Service.

Elliott Davies – The Conclusion

It is not exactly enjoyable to be contacted with debt enforcement agents. You should understand your legal rights, and the boundaries Elliott Davies must adhere to. If they fail to stick to the required regulations, you would be able to make a complaint and take the matter further. The best thing to do is to speak to them, don’t be tempted to just ignore them. If the debt doesn’t belong to you, or it is inaccurate, you should still speak to the head office and let them know. Ask for evidence from the agent to show that they are permitted to contact you. If they try to enter your premises, ask them for a warrant or writ.

FAQs

Do I have any rights when it comes to bailiffs?

The only rights you really have relate to the times that bailiffs can visit your property. They are only permitted to come between the hours of 6am and 9pm. They are also not allowed to use force to get you out the way.

Is there a cap on the number of times a bailiff can visit?

There is no limit on the number of times they are permitted to visit. They should, however, not visit the property between 6am and 9pm.

Can I refuse entry to the bailiffs?

If you refuse entry, the may end up coming back with a locksmith in tow, even when you’re not at home.

Will a bailiff break down my door?

Bailiffs will not be able to break down your door. They should always use a locksmith to gain entry, if you refuse entry, and they are permitted to do so, of course. They should only even enter through the door.

Will bailiffs end up taking my car, even if I need to use it for work purpose?

They do have the right to take your car, even when you require it for work. You may decide to trick them by hiding the vehicle in another place, but they are used to this kind of trick. They cannot remove the car if it is parked on private property, which is not yours.

References

Schedule 12, Tribunals, Courts and Enforcements Act, 2007

Part 1, Regulation 10, Certification of enforcement agents, 2014.

Gov.uk, CPR – Rules and Directions, 2018.

About the author

Scott Nelson

Scott Nelson is a financial services expert, with over 10 years’ experience in the industry, including 6 years in FCA regulated companies. Read more
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