Fireman 1963 baliffs demand fees whilst parent out from the kids help please

[i_spam]

claim through your local court or money claim on line @ Her Majesty's Courts Service - Home
find out where the bailiff was certificated and then complain to that court. as the watchdog.

[MizzPiggy]

Dear Fireman1963,

The correct forum for all this is to make the complaint direct to the court where they are certificated. Due to the complaint, I assure you a circuit judge will not let the matter go untill it is investigated and you have every right to follow this process.

In a previous link I did add the link for the complaints form.

Please give me a call if you have any questions and I will gladly go through the entire process and explain why this is the way to begin the complaint and get it heard.

You have contacted Drakes and you have given them an opportunity to reply, however I can assure you letters are standard at best!

Some Circuit Judges are very good and will hear the matter and in a case like yours, we had one Bailiff that did in fact lose a portion of his bond, so this is genuinly the first thing to do. After that, looking into compensation at a civil level is the next step.

Alison

[fireman1963]

Alison
Thanks for your reply i have contacted the HMCS find out where their certs were issued, they were very helpful and asked for a copy of the reply letter as they are going to write to Drakes to get the correct names of the two bailiffs. Once we have that i will write to the court, i am certain that the fee amount to totally unrealistic too but i am not sure were to find out what the charges should be, this was a first visit and no letters were received so how they worked out the invoice is beyond me!

[fireman1963]

I have just got a letter back from drakes in response to a letter I sent. They have basically said that they have followed all the right processes including fees and their investigation they have also included a copy letter they say was sent in Sept. 2006. They also say they left letters on the two previous days when they allegedly visited and enterd this into a hand held computer however they are hand written letters and no copies are kept.
However they also state in their letter that both bailiffs are certificated at Shoreditch County Court, I spoke to Denise Falconer from the HMCS today to clarify this and she again tells me Mr M. is not known to them on the register.
I contacted Clerkenwell & Shoreditch CC and they also state they have no record of him as a registered bailiff.
I want to make a compliant against them both the other bailiff Mr J. is registered. What do I do now?

[ChloeJane]

Replied to your PM.

Drakes are very good in stating a Bailiff is Certificated when they are not.

I have had this run in with them before and caught them out many times so you will have a case.

Let me know with the pm.

A

[monkey_man]

just read this thread this is shocking I can't believe people can do this to minors, hope you get success with this

[Samphire]

THey can and do take advantage of children. Mine was a DCA who were phoning while I was at work, they interigated my 15.5 year old as to 'does mummy leave you alone often' and mentioned Social Services twice in the call. Truely shocking behaviour.

[fireman1963]

Just to let you all know I have sent off a complaint to the court regarding the baliffs. Now waiting for their reply, will keep you posted.

[fireman1963]

For those of you out there that have followed this thread, I have now had a letter from HMCS and they have written to the two bailiffs asking them to give a their account to the letter that i sent to the court they had seven days to reply that was up last week, so I am now waiting to hear from the court.
Drakes have also failed to supply a Subject Access Request so I have given them 14 days or the Information Commissioners Office will be getting a compliant from me too.

[sillygirl1]

Excellent, the sooner more people realise how bailiffs can behave when given the chance the sooner the 'powers that be' will get the Enforcement Bill amended.

Please keep us informed of the situation.

[Recycler]

have you seen the court order avenue?

Data Protection Technical Guidance
Subject access requests and legal proceedings

If a data controller refuses to comply with a subject access request, then the applicant may complain to the Information Commissioner and / or apply to the Court for an order under section 7(9). Under section 40, the Commissioner has discretion to serve an enforcement notice requiring a data controller to comply with section 7.
In practice, subject access rights are often used by individuals who are in dispute with the data controller. In many cases, they may intend to begin or have already begun legal proceedings against the data controller and see section 7 as a way of obtaining additional information to assist in such proceedings.
It has been suggested that recent case law, and in particular Durant v Financial Services Authority [2003] EWCA Civ 1746, provides authority for data controllers to refuse to comply with a subject access request where the applicant is contemplating or has already begun legal proceedings.
The Commissioner does not accept this proposition. He takes the view that failing to comply with a subject access request in such circumstances will, unless an exemption under the Act applies, amount to a breach of the Sixth Data Protection Principle. The right of subject access is one of the cornerstones of Data Protection legislation. If a data controller were able to avoid complying with a subject access request in circumstances where the data subject was contemplating or had begun legal proceedings it would seriously undermine this fundamental right.
However, the courts do have discretion as to whether to grant an order under section 7(9) and may be reluctant to exercise that discretion where it is clear that the purpose of the request is to fuel separate legal proceedings and, importantly, where the discovery rules under the Civil Procedure Rules would provide a more appropriate route to obtaining the information sought. The Commissioner is also likely to take such matters into account when considering whether to exercise his enforcement powers under section 40.

[fireman1963]

Recycler,
That may answer some areas for me. Thanks for that.

[ambercain]

You must read the Watcher's thread "police getting clued up at last?" which is a police document giving a lot of advice on how bailiffs must conduct themselves to avoid being arrested!

[Mack7000]

So what was the outcome of this Fireman?

[fireman1963]

I have now been given a court date for the end of September, now lets see them squirm.
I wonder what dirty tricks they might have up their sleeve?
If anyone has been to court regarding bailiff what happened at court and is there anything that I need to know? as they will obviously turn up with a solicitor and try and intimidate us.

[tomtubby]

Which court ?

Without a doubt the bailiff company will be represented by a solicitor/barrister.

If this is Drakes can I assume that the court is Clerkenwell & Shoreditch.

There are many complaints being made to the courts and I have found that many of these cases have been succesful.

[fireman1963]

It is at Clerkenwell & Shoreditch and yes it is Drakes, lets hope that we can hit them whereit hurts them the most, in the pocket!

[seanamarts]

Originally Posted by fireman1963

It is at Clerkenwell & Shoreditch and yes it is Drakes, lets hope that we can hit them whereit hurts them the most, in the pocket!

Looks like drakes solicitors are going to be very busy at the end of this month, thats when I will be facing them as well but in Ipswich.. Good Luck