The Watcher
Registered UsersChange your profile picture
-
Posts
712 -
Joined
-
Last visited
Content Type
Profiles
Forums
Post article
CAGMag
Blogs
Keywords
Everything posted by The Watcher
-
Great News ! What everyone should realise (and you clearly have) is that it's no good having right and the law on your side unless you are prepared to follow-up and insist that the law is obeyed. Hopefull the police conduct in this matter will become common knowledge (amongst them) and lead to a different approach in future.
-
That's right. I believe the number to check his certification is 020 7189 2491. You just tell them you want to check a bailiffs Certification and they will tell you the name of the Court that issued his Certificate (if any) and the date it expires. Also check the firm that he is working for with that on the database and make sure they tally ! They will need his name (including first name) and the firm he is working for. (If you don't have his first name either contact the bailiff firm or him directly and ask - that will put the frighteners up them as they will know what you are doing !!!!) Just one word of caution - their records are usually pretty accurate but there can be slight delays with updating their database (ie if he has been Certificated within the last couple of weeks it may not be on there yet).
-
Around HALF of all bailiffs are NOT Certificated (which they need to be to enforce Council Tax debts). Anyone working without Certification is breaking the law. Naturally, the Council just want a result - so don;t really care (even though they have a duty of care). The bailiff will fob you off by showing some ID card (which anyone can knock-up on a computer ! A genuine Certificate will be signed by a Judge and will be stamped by the Court. They are valid for 2 years, and will specify the firm the bailiff is working for (when Certification was applied for). If they have chenged employment the Certificate should be cancelled and a new one applied for ... therefor if your bailiff is working for firm A, but his Certificate says he is working for firm B, then its invalid and not lawful.
-
I doubt very much that this is legal. I agree with the above poster - any "fees" are added AFTER the LO has been obtained (and if you paid immediately would obviously noit attract fees anyway). What was the legislation that they quoted? Councils rarely know much about this section of the law - and if you approach another council member you will probably get an entirely different answer ! One good thing, though - is that the bailiff will have to justify the fees and that can be checked.
-
The police - in some areas - are wising-up to the fraud possibilities here, and not always giving their usual "its a civil matter" answer. After all, what better way for a conman to gain entry that simply saying "I'm a bailiff" in the safe knowledge that even if the debtor rings the police they will refuse to attend !!!
-
... are you sure? How is anyone to know how long they have been working? Certificated bailiffs - enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates. They cannot enforce the collection of money due under High Court or county court orders. >>> taken from - About Bailiffs and Enforcement Officers
-
Further info on "changes" (ie employment) to a bailiff's Certificate - 7. (1) A [certificate] shall, unless cancelled, have effect for the period of two years from the date of its grant. [7A]. (1) In this rule “relevant details” means a bailiff’s name, address or other written information appearing on the certificate (***). (2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate (“the old certificate”) to the court officer of the issuing county court. (3) When a bailiff gives notice and produces the old certificate in accordance with paragraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate. (4) When a replacement certificate is issued in accordance with paragraph (3) above, the court officer shall retain and cancel the old certificate. (5) No fee shall be payable for the issue of a replacement certificate inaccordance with this rule.] All taken from - http://www.dca.gov.uk/consult/distress/annb.pdf (***) - ie the name of the firm he works for ! Obviously, if a bailiff has not changed his Certificate - he's probably not renewed his "bond" and has no authority.
-
Absolutely not ! He should hand in his Certificate and apply for a new one (for his new firm). If this is not done then his "bond" will not be honoured. Being Certificated with one firm - but then leaving and working for another - means his Certificate is unlawful, and he has, in fact, no authority at all.
-
He has not been into your house - so no levy made there. You said he did a levy on a vehicle that does not belong to you - so that's not a legal levy (as they can only levy on things that belong to YOU). If he has forged your signature (to imply that you accept this illegal levy) then he is committing an offence.
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
The Consumer Action Group
×
- Create New...
IPS spam blocked by CleanTalk.