Quote:
Originally Posted by Amarach I recently had a High Court warrant issued against me. A high Court bailiff came to seize my two horses and gave me a form of walking possession agreement. He did not sign or date this agreement and i did'nt either.He never completed the notice of seizure inventory. |
The most reliable information to hand says that a fee for a walking possessions agreement is not valid where no agreement has been made,.
Quote:
Originally Posted by Amarach I have since paid this debt and all the fees and costs the bailiffs added. I have been informed that as the agreement was not signed or dated it is invalid. Does this mean I can recover the added fees and costs applied by the bailiffs? |
Its quite possible, this
checklist of grounds might help you determine if you have been defrauded by a bailiff.
Quote:
Originally Posted by Amarach Please can anybody advise as to my legal standpoint? |
You can file a
form 4 complaint against the bailiff for defrauding you with his fees.
To address the criminal element, report at a police station that you have been defrauded by a bailiff under Section 15A(1) of the
Theft Act 1968 (for offences before January 2007) or
Section 2(1)(b)(i) and
Section 4(1)(c)(i) of the
Fraud Act 2006. Take evidence including the bailiff’s receipt, printout of the relevant fee schedule. If the police fob you off with the -
it’s a civil matter – excuse or say
insufficient evidence or it doesn’t
fit the criteria to be considered for criminal prosecution, then get the name of the officer and file a complaint of misfeasance with the
IPCC.
The prescribed fees for HCEO's are laid down in Regulation 13 of
The High Court Enforcement Officers Regulations 2004