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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 19th February 2008, 19:57   #1 (permalink)
simeon1964
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Posts: 15
simeon1964 Novitiate
Unhappy bailiff debt

Bailiff in an effort to collect the debt became destructive of my business premises because I said I was not going to pay because I did not owe. He left behind damaged equipment even after he got paid and left me with massive repair work unable to work for weeks. He also sabotage the cctv camera but had another camera that capture him going crazy. Who is responsible? They have now taking double money as I never owed.help
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Old 19th February 2008, 20:59   #2 (permalink)
slick132
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Default Re: bailiff debt

Hi Simeon,

The details you give are not enough for us to advise you properly.

I looked at your old BC thread and it stops where you were advised to prepare your evidence (Court Bundle) ready to proceed with your claim in court.

You now say a bailiff was destructive and caused damage because you disputed a debt. I assume you involved the police as the bailiff going crazy was caught on your CCTV.

Is this connected with your old BC claim.

Please give us a brief history so we can advise further as necessary.
__________________
Link 1. Reclaim charges guide - http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html
Link 2. Court Bundle Guide - http://www.consumeractiongroup.c o.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=co urt+bundle+for+dummies
Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

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Old 19th February 2008, 21:31   #3 (permalink)
10110001
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Default Re: bailiff debt

Quote:
Originally Posted by simeon1964 View Post
Bailiff in an effort to collect the debt became destructive of my business premises because I said I was not going to pay because I did not owe. He left behind damaged equipment even after he got paid and left me with massive repair work
Its criminal damage, contact police and get a crime number.

Keep all receipts for repair and replacement of damaged goods.

Quote:
Originally Posted by simeon1964 View Post
unable to work for weeks.
You can claim for loss of earnings. Make it an over-estimate and let a court strike out what it thinks you aren't enitled.

Quote:
Originally Posted by simeon1964 View Post
He also sabotage the cctv camera but had another camera that capture him going crazy.
Its still criminal damage, copy of the tapes to DVD and give the original to police.

Quote:
Originally Posted by simeon1964 View Post
Who is responsible?
The authority that instructed the bailiff. And the authority is named as the defendant on your claim form. DO NOT contact the bailiff or his firm.

Quote:
Originally Posted by simeon1964 View Post
They have now taking double money as I never owed.help
If you have been defrauded by a bailiff then contact police, its a criminal offence under Section 2 of the Fraud Act and Section 15A(1) of the Theft Act 1968.
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Old 20th February 2008, 13:51   #4 (permalink)
simeon1964
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Default Re: bailiff debt

Slick132,
Thank you The test case stall the process on the Bc. will update soon.
This a new issue:
this is business rate with the local authority and they have denied liability or ready to pay loss of earning.I have asked for record of payment and it turned out that I have overpaid the LA between £200- £300 pounds every year in the last 3years to date. I pay every month not aware that the payment for council tax and Business rate is 10months of the year. I pay 12monthly and they never alert me at anytime I was in credit as the overpayment could have helped paying other bill.
Can I claim back the cost of liability order and court summons they obtained without letting me know? If I knew of any court summon I would have moved in quickly before any of this happened.
Even the copy of liability order I requested from then after the event did not have either my name or address on it nor court stamp. Is this normal?

Last edited by simeon1964; 20th February 2008 at 14:27.
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Old 20th February 2008, 14:46   #5 (permalink)
slick132
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Default Re: bailiff debt

Hi Simeon,

Firstly, the BC claim should NOT be held up because of the OFT case. Credit card cases are being settled all the time. Go to your BC thread and tell us what last happened and we'll get it moving again if poss.

Did you pay the Business Rates every month by Direct Debit, Standing Order, Debit Card or cheque.

It sound like you have a good case against the Council and/or the Bailiff for the return of money overpaid, for the cost of repairs of premises or equipment, loss of earnings and possibly damages.

How have the police responded to the CCTV recording of the incident - as said above, get a copy made of the tape or dvd so you have a back up.

If the police have been, or are prepared to be, involved, this will make your case stronger.

Do you have paperwork which identifies the bailiff and the company he worked for - Don't name him here on the open forum.
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Link 1. Reclaim charges guide - http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/25457-guide-reclaiming-bank-charges.html
Link 2. Court Bundle Guide - http://www.consumeractiongroup.c o.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=co urt+bundle+for+dummies
Link 3. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
Link 4. Consumer Health Forums - http://www.consumerhealthforums. com/

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

If I've been helpful, please click my scales.
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