The Watcher
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Everything posted by The Watcher
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Never heard of one before. Why the delay anyway? He should simply surrender his existing Cert and the Judge should sign and issue a new one. Also this claim that he can work of more than one company does not tally with the law (which states that his Cert should have his employers details on it, and that if he changes employers he should surrender his Cert and get a new one). I think someone is trying to pull the wool .... but isn;t that what bailiffs do daily anyway?
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The simple fact is that most Council employees are not that bright - and simply do as their bosses tell them. "Tell them that once it's with the bailiffs there is nothing we can do" they churn out parrot-like. They have absolutely NO idea about the law, and will always "shift the blame" if anything goes wrong.
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I agree. Don't let them push you around. They will stonewall for awhile but at the end of the day what can they do? THEY would probably be imprisoned if they took you to Court (for non payment) and then had to admit that you had offered to pay but they had refused to accept ! You are on the right lines .... THEY will back down !
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The Council still own the debt. IF bailiffs collect they deduct THEIR fees first before passing ANYTHING on to the Council ... it is obviously in the Council's best interests to receive the money directly (and get all of it - and quicker !). Have you tried actually just going into the Council payment hall with a slip of paper with the reference number on it, and saying "I want to pay £XX on this"? You may be surprised - they may simply tap it into their computer and give you a receipt. Personally I would STOP phoning anyone (as there is no proof or evidence for later) and IF they refuse to accept a payment, then write telling them that you are holding onto the money UNTIL they allow you to pay ! Tell anyone who will listen - Chief Executive of the Council / The Mayor / Local Councillor / Local Paper / MP etc If you are stonewalled - go over their heads (and ALWAYS in writing, keeping a copy as evidence) !
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You seem to have done everything right. I'd get on the police again and "push" this - because anyone who isn't Certificated isn't a real bailiff at all - they have no authority whatsoever. I'm sure I read recently that Vera Baird (the UK's new Solicitor-General) had told the House of Commons that anyone who carried out this work (without Certification) would be committing fraud (under the Fraud Act 2006). I'll see if I can find the reference somewhere .....
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The police are clearly as confused by the current situation as many others are - and the bailiffs take advantage of this. If his Certification had not been checked - then the police could have been assisting in a crime. Of course, you do not tell us the full circumstances - and the type of debt, so bailiffs (if they are genuine and Certificated) MAY have the right to break-in, if it was for a certain type of debt.
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Its quite easy to see how she got away with this for so long. As bailiffs "invent" fees etc to suit themselves and are very reluctant to justify their charges etc there is often not a clear "paper trail" showing what is owing and what has been paid ... an ideal opportunity for this bailiff to pocket some of the proceeds.
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Wonderful ! Good to see that the Judge realised that only a custodial sentence will show that the law must be obeyed and that confidence in the system would fail otherwise. I've suggested before that we should have a "section" on here where all such "wins" can be kept together so people can readily see that if you persue things through the law it can work in your favour. Here's anoither one to make you smile - Breakin Bailiff Banned (from Croydon Guardian)
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It would depend ... when you say "used for work" - what exactly do you mean? If you mean simply getting to work, then they can argue that it is not essential and there are plenty of other ways (public transport etc). However, if you are a self-employed ice-cream vendor then no, they would not be allowed to take your ice cream van ! Sorry if this is not what you wanted to hear. More info please ......
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