Why is the Organ Grinder asking me to deal with the monkey?

A commonly asked question, is why is the Creditor (the person claiming I owe them money) asking me to deal with a bailiff? Well the simple answer is the Organ Grinder (Creditor) is probably busy and wants you to deal with their hired goon. The bailiffs add on their fees to the debt (if you don't dispute the fees) so the Creditor gets away with demanding the cash with no extra cost to themselves.

I phoned the Organ Grinder and he said deal with the monkey!

Never phone them. Always get it in writing. If the Organ Grinder is a Magistrates Court, County Court, a Council or a Creditor, deal with them in writing and get PROOF that they are refusing to deal with you directly. They can tell you absolutely anything over the phone as phone calls cannot be used as evidence in the Civil Courts. It is a LOT harder for them to lie in letters and emails.

When dealing with the courts, there are application forms to put in to the Court to get it taken back by them. If for instance it is a Magistrates court fine you were unaware of, you can make a Statutary Declaration to have it taken back by the court. For County Court filing an N245 will get them to deal with you directly or an N244 can have a judgment set aside:

Vulnerable People

When a bailiff encounters a Vulnerable person, they are supposed to cease enforcement and notify the creditor who has a duty to not send bailiffs out to "levy distress" or threaten to take goods from the vulnerable person. Seems simple enough, if you fall into a category as a Vulnerable Person, you can simply notify the bailiff and creditor, by sending them the Vulnerable letter, and if they are following the rules, they should cease to "levy distress" or threaten to take goods.

DO NOT SEND THE MONKEY ANY PROOF OF VULNERABILITY.

You have notified them of your vulnerabilities, that is it.

The Monkeys response

Well it doesn't always work that way and what we find is the Monkey (bailiff) writing back to the vulnerable person and asking for proof of vulnerabilities. What they are attempting to do is run the Vulnerable Person through their fake "Welfare Department" and carry on harassing the person who should not be dealing with the bailiff company at all. The Vulnerable person has no obligation to provide anything to the monkey! so don't provide the monkey with any of your personal information. Any proof of Vulnerability should only be provided to the Council or Court instructing the monkey. You should deal directly with the creditor who is under a legal obligation to take the matter straight back, though sometimes they respond differently:

The Organ Grinders response

It is the Organ Grinder (Creditor) who is responsible for instructing the monkey! So it is their response that we are interested in. Councils and Courts both have a responsibility to follow the rules and NOT LEVY DISTRESS on a Vulnerable person. But Councils and Courts amongst other Corporations can be resistant to taking the matter back. It is more work for them with no extra money!

So sometimes they need a little persuasion. Here is one example of keeping the pressure up on the Organ Grinder to take the matter back from a bailiff. The Four Letter process is used to persuade a Council to take back a Council Tax demand from a private debt collector (pretending to be a bailiff).

Here is an classic example of the Organ Grinder delegating it's authority to a monkey. In this case the Organ Grinder is the Magistrates Court and the monkey is Marston's Enforcement's Des Roberts. What the court has done, perhaps unwittingly is delegated it's authority to a private Corporation, something it is not allowed to do.

The bailiffs is relying on the Tribunal Court and Enforcement Act 2007. But this legislation does not mention private companies acting as Enforcement Agents, only individuals. Leaving bailiff companies acting unlawfully in the collection of Court fines, Council Tax and a whole raft of other charges being chased by "Local Authorities".

The bailiff company is attending attempting to collect court fines. They do not possess a court warrant but fully believe they have the authority of the court to even break into a persons house, (fully backed by the Police another Corporation):

Deal directly with the Organ Grinder

So if you encounter a creditor who insists they will not deal with you and wants you to deal with a debt collector simply dispute the debt collectors fee schedule and INSIST on dealing with the Creditor and not the hired thug. Here are some useful tools to persuade the Creditor and Bailiff that you will ONLY deal with the creditor:

THE SINGLE LETTER DISPUTE -Dispute the Bailiffs fees and ask them to prove you owe the debt.

ASK THE CREDITOR FOR MORE TIME TO PAY - This simple request can stop a bailiff acting and allow you to deal with the Creditor.

SEND THEM A NIGHTMARE SAR - Both Bailiff and Creditor can be made to show all the data they have on you! Be a pain in the neck to both the bailiff and the creditor. The more you communicate, the easier it is to just deal directly with you!