Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am in dispute over a pcn, I have contacted the local authority that issud it and have completed out of time forms. However bailiffs were instructed to collect the fine ( the warrant has now been put on hold by the authority) .
However the bailiffs ( Newlyns) clamped my Van , which is used for my sole use in my employment as a plumber.
Their defence is that the vehicle is registered to me personally in my name and that it has Not been registered as a company or working vehicle with the DVLA.
can somebody clarify this and is this legal. I was under the assumption that Tools books and vehicles used soley for my business are exempt from being seized
Does any know of the relevant regulation or case law regarding this action ?
Speak to the local authority, they are responsible for their sub-contractors actions. It's not worth arguing with Baillifs - just mindless thugs.
Advise the local authority (Council) what they have done and that fact it means you cannot work. If that doesn't work, come back and see what further advice you can garner.
There is no legislation that says a bailiff cannot clamp your van you use for work. There has been cases where an agrieved party has claimed from a parking ticket authority for loss of earnings when their bailiff has caused them a loss by depriving a debtor the means to carry on the ordinary course of his business.
Any claim for loss of earnings ability needs to be addressed to the authority that issued the parking ticket, an authority's defence usually contends that you can rent a van while yours was subject to levy.
My advice? just pay the bailiff wsith a credit card and get the clamp removed. You can then check bailiffs fees for any legal irregularity and if the bailiff has cheated you with his fees, you can recover everything by doing a chargeback under Section 75 of the Consumer Credit Act 1974 with your bank for breach of contact. Your ticket is paid off at the bailiffs expence. More: GETTING YOUR DEBT PAID OFF AT THE BAILIFFS EXPENSE - HOW TO SCREW A BAILIFF! Link is censored, i'll look for another
Have your debt paid at the bailiff’s expense Two things need to have happened when you paid a bailiff:
1. Did a bailiff overcharge you for:
a) Attendances he didn’t make
b) Letters he didn’t send
c) Walking possession fee with an invalid levy
d) A fee that isn’t prescribed – such as a credit cardfee, waiting time or a vanfee
Check your receipt against the prescribed fee schedules. Section 10 of the Distress for Rent Rules 1988 says :
No person shall be entitled to charge, or recover from, a tenant any fees, charges or expenses for levying a distress, or for doing any act or thing in relation thereto, other than those authorised by the tables in Appendix 1 to these Rules.
2. Did you pay the bailiff using a credit or debit card?
If yes and yes then you have been defrauded by the bailiff and you can have your debt paid off at the bailiff’s expense – legally!
This only works on bailiffs collecting an artificial debt, such as parking tickets, council tax, wheel-clamping, c-charge, DVLA, child support agency, speed camera, TFL, and court fines in the last six years, or as directed by Section 2 of the Limitation Act 1980, This doesn’t work on consumer debts or private debt.
1. Phone your bank or card issuer and ask for a chargeback form. Don’t say anything to your bank at this time.
2. Wait until the bailiff has paid the money onto the instructing creditor and the case is closed.
3. Get a crime number, go to a police station and report 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 and the law including Section 10 of the Distress for Rent Rules 1988. 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.
4. On the chargeback form, enter the reason. The merchant applied undue pressure on me to obtain this money transfer for himself or another and defrauded me the consumer in fees that are not prescribed in law and committed an offence under Section 15A(1) of the Theft Act 196, Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006 and the police have given a crime number of XXXXXXX and the merchant declined several opportunities to reach an amicable resolve in this matter.
Especially with debit cards, you must show the merchant bailiff has defrauded you. Overcharged fees are easy because they are prescribed in law and charging a non-prescribed fee - including a card fee is fraud. Enclose a copy of the bailiff’s receipt and the prescribed fee schedule.
Don’t bother issuing the bailiff with a Subject access request for a breakdown of fees. Send a simple letter asking for a breakdown and keep their excuse letter to show the bailiff was awkward. The bank can get this information for free if they want to check. Under a chargeback the burden of proof is with the bailiff who has to prove he actually posted letters and made visits giving rise to fees. The Bailiff must be certificated, check HMCS Bailiff Register 0207 210 0516 and ask for the name and address of his certificating court. If his certificate has expired then make it known on the chargeback form. The Bailiff or his firm and anyone trading in debt recovery must have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register, if they are not licensed then make it known on the chargeback form.
The Bailiff pays a chargeback fee of around £10 and can appeal against your chargeback within 42 days but he’ll have no grounds, you were defrauded.
Once you have your money back, file a complaint at court against the bailiff, quote the crime number if you have one and enclose all supporting documents.
- Et voila!
1. The debt is history!
2. It didn’t cost you a bean!
3. The bailiff probably gets a criminal record
4. The bailiff is probably no longer a bailiff
5. And it’s 100% legal! Possible repercussions:
1. The bailiff might try and re-charge your card following a chargeback, but the bank’s fraud-detection system may automatically suspend their online terminal.
2. The bailiff could start a civil claim against you; it’s unlikely to work because you recovered the money under an Act of Parliament and these cannot be rebuked by a county court.
3. If this involves a large debt such as child support agency then the bailiff may ask the creditor for his money back and the creditor could reactivate the debt. You have 6 years to find something wrong with the bailiff’s fees and execute chargeback, so wait until the case is probably deleted off the bailiff’s records making an appeal more difficult.
There are some things that the bailiffs are not allowed to take at all, such as goods that are rented or hired. The regulations also say that the following items are exempt and cannot be taken:
[LIST][*]"such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation";[*]"such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
CAN ANYBODY TELL ME WHERE THESE REGUALTIONS ARE WRITTEN IN LAW?
Execution against goods
85. Execution of judgments or orders for payment of money.
— (1) [F1Subject to article 8 of the High Court and County Courts Jurisdiction Order 1991,]any sum of money payable under a judgment or order of a county court may be recovered, in case of default or failure of payment, forthwith or at the time or times and in the manner thereby directed, by execution against the goods of the party against whom the judgment or order was obtained.
(2) The registrar, on the application of the party prosecuting any such judgment or order, shall issue a warrant of execution in the nature of a writ of fieri facias whereby the registrar shall be empowered to levy or cause to be levied by distress and sale of the goods, wherever they may be found within the district of the court, the money payable under the judgment or order and the costs of the execution.
(3) The precise time of the making of the application to the registrar to issue such a warrant shall be entered by him in the record prescribed for the purpose under section 12 and on the warrant.
(4) It shall be the duty of every constable within his jurisdiction to assist in the execution of every such warrant. Annotations:
Amendments (Textual) F1
Words in s. 85(1) inserted by S.I. 1991/724, art. 8(2)
Modifications etc. (not altering text) C1
S. 85(1)(2)(3) applied (1.9.1993) by S.I. 1993/2073, art.4(1).
S. 85(4) restricted (1.9.1993) by S.I. 1993/2073, art.6.
86. Execution of orders for payment by instalments.
— (1) Where the court has made an order for payment of any sum of money by instalments, execution on the order shall not be issued until after default in payment of some instalment according to the order.
(2) [F2Rules of court] may prescribe the cases in which execution is to issue if there is any such default and limit the amounts for which and the times at which execution may issue.
(3) Except so far as may be otherwise provided by [F2rules of court] made for those purposes, execution or successive executions may issue if there is any such default for the whole of the said sum of money and costs then remaining unpaid or for such part as the court may order either at the time of the original order or at any subsequent time; but except so far as may be otherwise provided by such rules, no execution shall issue unless at the time when it issues the whole or some part of an instalment which has already become due remains unpaid. Annotations:
Amendments (Textual) F2
Words in s. 86 substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3(b), 4(c)
Modifications etc. (not altering text) C2
S. 86 restricted (1.9.1993) by S.I. 1993/2073, art. 6.
87. Execution to be superseded on payment.
— (1) In or upon every warrant of execution issued from a county court against the goods of any person, the registrar shall cause to be inserted or indorsed the total amount to be levied, inclusive of the fee for issuing the warrant but exclusive of the fees for its execution.
(2) If the person against whom the execution is issued, before the actual sale of the goods, pays or causes to be paid or tendered to the registrar of the court from which the warrant is issued, or to the bailiff holding the warrant, the amount inserted in, or indorsed upon, the warrant under subsection (1), or such part as the person entitled agrees to accept in full satisfaction, together with the amount stated by the officer of the court to whom the payment or tender is made to be the amount of the fees for the execution of the warrant, the execution shall be superseded, and the goods shall be discharged and set at liberty. Annotations:
Modifications etc. (not altering text) C3
S. 87 applied (1.9.1993) by S.I. 1993/2073, art.4(1).
88. Power to stay execution.
If at any time it appears to the satisfaction of the court that any party to any proceedings is unable from any cause to pay any sum recovered against him (whether by way of satisfaction of the claim or counterclaim in the proceedings or by way of costs or otherwise), or any instalment of such a sum, the court may, in its discretion, stay any execution issued in the proceedings for such time and on such terms as the court thinks fit, and so from time to time until it appears that the cause of inability has ceased. Annotations:
Modifications etc. (not altering text) C4
S. 88 restricted (1.9.1993) by S.I. 1993/2073, art.8.
seizure and custody of goods etc.
89. Goods which may be seized.
— (1) Every bailiff or officer executing any warrant of execution issued from a county court against the goods of any person may by virtue of it seize— [F3(a)
any of that person’s goods except–
(i) such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;
(ii) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;]
(b)
any money, banknotes, bills of exchange, promissory notes, bonds, specialties or securities for money belonging to that person.
(2) Any reference to the goods of an execution debtor in this Part of this Act includes a reference to anythling else of his that may lawfully be seized in execution. F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annotations:
Amendments (Textual) F3
S. 89(1)(a) substituted (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 37), s. 15(2); S.I. 1991/1364, art. 2,Sch. F4
S. 89(3) repealed (1.7.1991) by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 125(7), Sch. 20; S.I. 1991/1364, art. 2,Sch.
Modifications etc. (not altering text) C5
S. 89 applied (1.9.1993) by S.I. 1993/2073, art.4(1).
i hate bailiffs would love to put a hex on them all
I am not an expert by any stretch of the imagination
any advice given is from my own personal experience and what Ive leaned on this site
and if you are happy with my advice you might like to make me a star
THE EDGE there is no way to explain it the only people who really know are the ones who have gone over and came back
(1)Every bailiff or officer executing any warrant of execution issued from a county court against the goods of any person may by virtue of it seize—
[F1(a)any of that person’s goods except–
(i)such tools, books, vehicles and other items of equipment as are necessary to that person for use personally by him in his employment, business or vocation;
(ii)such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family;]
This will cover every act Im pretty sure relating to the above !
County Courts Act deals with county court judgements. AFAIK It doesn't apply to parking tickets.
It appears that the warrant to levydistress was issued by Northampton County Court - Bulk centre, ( Traffic enforcement centre) and sent to my local authority to instruct their bailiffs ?
so if its a county court decision surely the act applies ?
I could be wrong on this and an expert may know better.
The county court uses separate regulations for processing parking tickets and county court judgments.
I Have just emailed Northampton county court with the relevant chapter,verse, sections to clarify this point , as soon as I get a reply I will post the information, but I have a feeling about this, I cant see that the law as stated is different for different courts. Its an Act of Parliament.
As soon as I get the ok on this ' form 4's' are going to be flying about
Claims for lost earnings and damages will follow, , and section 2 of the fraud Act will also be brought in to effect, that will teach the bastards who prey on us with their interpretations of the law, ( I would willingly have paid the pcn -IF i had had notification of it-However they didnt ) and Im really peeved about all this hassle from the bailiffs.
Can Bailiffs legally clamp my van?
, I have contacted the local authority that issud it and have completed out of time forms. However bailiffs
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Re: Can Bailiffs legally clamp my van?
Originally Posted by madfurious
