Bailiffs / RES

RES - Stop Them Instantly for Free!

Expert reviewed

Marie Foo • October 14th 2024 • Read time: 5 mins

IVA Wizard -- Expert Advice on Individual Voluntary Arrangements

Who are RES?

RES, or Recovery Enforcement Services, are a bailiff company based in the British Virgin Islands. Their official address is Suite 6 Mill Mall, PO BOX 3085, Wickhams Cay 1, Road Town, Tortola, Virgin Islands, British. RES operates under the company registration number OE016831 and is registered as an authorised bailiff by Worcester Combined Court.

As a bailiff company, RES is responsible for collecting debts on behalf of creditors. They typically become involved when other attempts to recover debts have been unsuccessful. It's important to note that while RES is authorised to act as bailiffs, they must still operate within the bounds of UK law and respect debtors' rights.

What to do if you receive a letter from RES

Receiving a letter from RES can be unsettling, but it's crucial to remain calm and take appropriate action. Here are some steps to follow:

1. Read the letter carefully: Understand what debt they're referring to and the amount they're claiming.

2. Verify the debt: Ensure that you actually owe the money and that the amount is correct.

3. Don't ignore the letter: Ignoring correspondence from bailiffs can lead to escalated action.

4. Gather relevant documents: Collect any paperwork related to the debt, including previous correspondence and payment records.

5. Seek advice: Consider speaking with a debt advisor to understand your options and rights.

6. Respond promptly: Contact RES to discuss the situation, especially if you dispute the debt or need to negotiate a payment plan.

Why might RES contact you?

RES typically contacts individuals for several reasons related to debt collection:

1. Unpaid council tax: Local authorities often use bailiffs to collect overdue council tax.

2. Court fines: If you have unpaid court fines, RES may be instructed to collect them.

3. Parking fines: Some local councils use bailiffs to recover unpaid parking penalties.

4. Commercial rent arrears: Landlords may instruct bailiffs to collect unpaid rent from business tenants.

5. Other types of debt: In some cases, RES may be involved in collecting other forms of debt on behalf of creditors.

It's important to remember that RES will only contact you if they have been instructed to do so by a creditor or court. They cannot act without proper authorisation.

The best way to deal with RES

When dealing with RES, it's essential to approach the situation proactively and professionally:

1. Communicate openly: Engage in honest dialogue with RES about your financial situation.

2. Provide evidence: If you dispute the debt, present clear evidence to support your case.

3. Negotiate: If you accept the debt but can't pay in full, try to negotiate a realistic payment plan.

4. Keep records: Document all communications with RES, including dates, times, and content of conversations.

5. Be aware of your rights: Understand what bailiffs can and cannot do, and don't be pressured into actions you're uncomfortable with.

6. Consider seeking help: If you're struggling to manage the situation, consider speaking with a debt advisor for guidance.

Your rights against RES

As a debtor, you have certain rights when dealing with bailiffs like RES:

1. Right to peaceful entry: Bailiffs cannot force their way into your home. They can only enter through unlocked doors or windows.

2. Right to privacy: Bailiffs must not reveal your debt to others, including family members or neighbours.

3. Right to reasonable treatment: Bailiffs must not use or threaten violence, or use excessive force when entering your property.

4. Right to information: You can ask for identification and authorisation from bailiffs.

5. Right to negotiate: You can try to agree on a payment plan or alternative arrangement.

6. Right to complain: If you believe RES has acted improperly, you have the right to file a complaint.

Understanding RES's powers

While RES has certain legal powers as bailiffs, it's important to understand the extent and limitations of these powers:

1. They can visit your home or business premises to collect debts.

2. They can take certain goods to sell and pay off the debt, but there are restrictions on what they can take.

3. They cannot enter your home between 9 pm and 6 am, or on Sundays and bank holidays.

4. They must give you at least 7 days' notice before their first visit.

5. They cannot take essential household items or tools needed for work.

Understanding these powers can help you better manage interactions with RES and protect your rights.

Disputing a debt with RES

If you believe the debt RES is trying to collect is incorrect or not yours, you have the right to dispute it:

1. Inform RES in writing that you dispute the debt and why.

2. Provide any evidence that supports your claim.

3. Ask RES to provide proof of the debt, including its origin and the amount owed.

4. If RES cannot provide satisfactory evidence, they should cease collection activities.

5. If you're unsure about the debt's validity, consider seeking advice from a debt specialist.

Negotiating a payment plan with RES

If you acknowledge the debt but can't pay it in full immediately, negotiating a payment plan with RES might be a good option:

1. Assess your financial situation to determine what you can realistically afford to pay.

2. Contact RES and explain your circumstances.

3. Propose a payment plan based on your income and essential expenses.

4. Be prepared to provide evidence of your financial situation if requested.

5. Get any agreed payment plan in writing.

Remember, while RES may prefer full payment, they often accept reasonable payment plans as an alternative to further enforcement action.

Potential consequences of not dealing with RES

Ignoring RES or failing to address the debt they're collecting can lead to serious consequences:

1. Escalated enforcement action, including visits from bailiffs.

2. Additional fees and charges added to your debt.

3. Potential seizure of goods to cover the debt.

4. Negative impact on your credit score, affecting future borrowing.

5. Increased stress and anxiety due to ongoing debt issues.

It's always better to address the situation proactively, even if you're struggling to pay. There are often more options available than you might think, including debt management plans or, in some cases, Individual Voluntary Arrangements (IVAs).

Protecting vulnerable individuals from RES action

If you or someone in your household is considered vulnerable, there are additional protections in place when dealing with bailiffs like RES:

1. Bailiffs should not take action against individuals with severe mental health issues, learning disabilities, or serious illnesses.

2. If there are only children or vulnerable individuals present, bailiffs should not enter the property.

3. You should inform RES of any vulnerabilities that may affect your ability to deal with the debt.

4. RES should take these vulnerabilities into account and may need to adjust their approach accordingly.

5. If you feel RES is not respecting vulnerabilities, you have the right to complain and seek further advice.

Complaining about RES

If you believe RES has acted improperly or breached your rights, you can make a complaint:

1. First, complain directly to RES using their formal complaints procedure.

2. If you're not satisfied with their response, you can escalate your complaint to the creditor who instructed RES.

3. For certain types of debt, you may be able to complain to an ombudsman service.

4. Keep detailed records of all interactions and any evidence of misconduct.

5. Consider seeking advice from a debt charity or advisor if you need help with the complaints process.

Remember, while dealing with bailiffs can be stressful, you have rights and there are processes in place to protect you from unfair treatment.

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