*********UPDATE********

This morning I had a call from an Inspector at my Local police station, who is now going to fully investigate my complaint with regards to the police conduct, and is going to personally visit me. I told him a few things with regards to what bailiffs can and cannot do and he didnt know. I shall be showing him a few things with regards to bailiff law. He is also finding out whether MR W**** has been interviewed or not and he said he will make sure he will be. I think it pays to complain to the right people and get as many to complain on your behalf, he says he has had many inquiries from a few people with regards to my case, I have found if you shout loud enough in the right places you do eventually get heard..... watch this space

erm Cammyboo correct me if I am wrong.. when you first started paying for the first debt did you ever have a bailiff in your house to do a walking possesion order, because if you didnt then all you should of paid out on in the first debt at the very most should have been £842.50, if no levy was made and if they visited you twice... you say you have paid them £1500.00.

my calculation, and some one correct me here if I am wrong is that it looks like you have paid far beyond what you should have done so the money/debt that they had forgotten should therefore be paid out of the over payment that you have already paid.. I would write to your council and ask them what the hell is going on and asked the bailiff company a break down of the charges.

I seriously wouldnt pay anything yet until you find out what and where this money has been paid for

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

*** UPDATE***

Its finally gone to court for a Judges directions, with regards to the bailiff who assaulted me, should hear the outcome at the end of September, not only my statement is being heard but those of two other witnesses as well, plus doctors and hospital reports. Not sure if im attending as of yet but I want to. Also with regards to the police complaint that I made, thats all in the pine line. Next is the council ombudsman.. watch this space

When I read your first post I must say that you wrote with such conviction and clarity that I knew you were not a person to give-in to bully boys.

 

As I understand it, the bailiff was certified when he visited you but his warrant was for another property - I assume that is why he did not show it to you! He was already treading on dangerous ground because he was trying to enforce a warrant at the wrong address!

 

He then put his foot in the door which, his company claims, amounts to 'peaceful entry'. Even if he had done this at YOUR entrance door (not the communal door) this would not constitute 'peaceful entry' (even if he was at the address on the warrant). The Police may believe it does but neither he (nor his company) will convince any magistrate or judge of that!

 

He then compounded his own problems even further by assaulting you! You may be weak in body - but certainly not in mind or spirit - something he has now learnt and for which he will pay dearly for in court next month.

 

I bet your bottom dollar that it will transpire that the bailiff has had similar complaints against him and that when the court case is heard you find he has been charged with other offences too. So, it may be a good idea for your local paper to do a small story about ther bailiff concerned in the hope it brings forward more complainants.

 

Please keep us posted of the outcome. I just hope that all this is not affecting your health.

at the moment the mind is very willing but my health has taken a bit of a battering as of late. im staying positive though and will fight this to the very end, what this man did no one should have to go through, ever!!!!! I have a great solicitor now who is working hard on this case on my behalf and am very lucky to have them on my side and have done some brilliant work for me so far. thank you all for your concerns

seanamarts , get your private messages.

have read and replied thank you

*** update****

sorry its been a while but lots have been happening here, my solicitor has done some fantastic work on my behalf and Mr W***** has been summons before the judge at the end of september, a complaint to the PCC and been entered and they are now acting on my compliant to the police I have an interview with them in the next few weeks with regards to the conduct of the police, we are holding out on complaining with regards to the council until we get the results from the outcome of the police and bailiff.. its looking good so far

Out of the hundreds and i really mean hundreds of people where I have either read their story or spoken to only one story was about a 'good' bailiff who was doing his job correctly. You give figures of 4 million people get visited by a bailiff, how many of those are criminal fines its mainly those who refuse to pay and abuse the system. people here come here not to avoid paying but are asking for help how to pay, these people are destitute, because of one reason or another, they dont need added charges placed on a debt that they cannot already pay, charges that mostly are illegal given out by bailiff out ton earn a fast buck. What about mistakes that bailiff and the LA make, innocent people get abusive phone calls from bailiffs, assaulted on their doorsteps, threats with prison if they dont pay, threats of calling the police if you dont let them in, scaremongering old, disabled and young children, break all the rules just to get money to line their pockets. ITS NOT JUST A FEW ROGUE BAILIFFS THAT DO THIS!!!!!! (edited)... Tell me whats the turn over of bailiffs employed and why do so many hop from one company of debt collectors to another???

I am sorry that no one has responded to your post, I know how scary this may be for you, sometimes it takes time for some one to get back to you, but in my opinion you seem to be doing the right thing so far.. Just dont let them in until you have got this sorted.. if you dont get a satisfied response from the council complain to the council ombudsman or even your local councilor.

Id find out whether this thug was certified PM herbie and she will let you know this then I would write and complain to the county court that issued him with his certificate (Form 4) plus the council and most certainly the police. this is disgusting behavior but im not suprised

oops my bad.. thanks for clearing that up Herbie

do you know when the tickets were issued for the road traffic offeneces, I think you need to call the bailiff and ask them when the tickets were issued as you have the sold the car in question

were the tickets issued after you sold the car ??

Ask them for a breakdown of the charges. Do you know if they have visited you .. they can only charge for two visits first one for 24.00 the second for 18.50. if they havnt visited you then they cannot charge you for the visit.. who issued the parking ticket

dont forget to tell them you are severely disabled you are classed as a vunerable case

they cannot charge for a levy fee if not goods were levied upon, they cannot charge you an enforcement fee either.

all they can charge you for if for two visits, if they have visited which they have to prove.

Newlyn love overcharging for fees.

I suggest you make all payments to the council in future.

I have come across a bailiff company that can read the future. Amazing dont you think, I will explain.

My boyfriend was a little behind with his business CT due to personal and business problems. the bill which has now been paid was for £420.00 including court cost. £100.00 to the bailiff £320.00 straight to the council

A letter was posted through his door for the sum of £690.82. from the bailiff company, Collect services on the 18.7.06. This was the first visit, and first contact from the bailiff. So in theory the first cost should have been £24.00 not £270.00. - total-£444.00. not £690.00

I wrote and asked the bailiff for a break down of his charges.

here is what I received this morning.

£36.00 Levy Fee- Goods levied on visit 18.7.06 - NO GOODS WERE LEVIED ON THIS FIRST VISIT or on any visits thereafter no WPO was issued or signed by my boyfriend.

£234.00 for 12 visits from 18.7.06 to 4.7.07. which works out at about £19.00 per visit.

How DID this bailiff know that he was going to make future visits????

So beware folks there are some psychic bailiffs on the loose:razz:

***UPDATE****

I have been to see a solicitor today who is willing to take on my case, and was seriously impressed with the knowledge that I have obtained, all thanks to you guys here, unfortunately I will be unable to put anything in here with regards to my case for a while because bailiffs do read what is written in here and some one from Drakes may pass on information with regards to what I'm writing in here, if you get what I mean, but its all good at the moment I will keep you posted on progress though.

Sea - I was told by big bailiff bloke that GPS is unreliable, if they have this then why have they not supplied it to you?

 

SFx

exactly my point i will be making.. why bring it up now why didnt the bailiff when he came round tell me that he had already tried to contact me at this address.... its all bulls***

So they are merely postmen !

 

I thought occurred to me, many people have complained about bailiffs arriving at unreasonable times (eg 6am) - would it not be a good idea to refuse to deal with anyone calling at that time anyway, as you would not be able to check Certification until normal office hours?

thats a good point, apparently so Drakes have informed me that mr **** delivered a letter at 8.30 in the evening. Their proof is that he has GPS records to say he was in the area, well my argument to that is that he works this area so of course he would be in my area, no proof to say he delivered a letter here. which he didnt

LOL - yes!!! but they dont like to admit that!! Also Postmen are way better!

 

SFx

not to mention most are better looking too, well mine is lol

Interesting - their should be a copy of all the levies that were done in the time he was uncertified, I wonder how you could find this information out - maybe when you complain to the ombudsman, he can get this info.

 

 

SFx

I shall mention it to the council ombudsman and my mp who is going to look into this maybe he can get some answers

TW - the only authority he did not have was to do a levy. IYSWIM - so the point here would be if he was here to do a WPO, then it would be invalid as he was not certified.

 

With your Form 4 I would include a paragraph at the bottom, to include new evidence eg the proof, and question why this was not forthcoming earlier.

 

You also need to send it to the county court where the bailiff was certified not your local county court.

 

SFx

he was certified when he came to me on the 29th of may but was not certified between january and the end of march, but drakes have told my local council that he was issued with his certificate in january . I cant believe that Drakes have actually lied to the council. I shall be adding this to the form 4 statement. Just shows that MR ***** was working for the council UNCERTIFIED naughty boy

sounds to me your car has been cloned.. and yes bailiffs pretend to have visited so they get more money even when they dont... ive just been told by a bailiff company that they have proof that they hand delivered a letter.. no letter has ever been hand delivered here, or I would of acted on it.. ask them for proof that they have been.. bet they cant produce any evidence.

Just a thought about them not responding to your complaint... Why not hit them with a S.A.R - (Subject Access Request)? Hopefully this'll turn up their internal discussions about your complaint...

I may do this but Im not really sure how I go about this