Bailiff assaulted me - Case closed .. I WON

[kfdh1962]

this makes distressing reading, i am really sorry to hear of the way you have been treated. This guys behaiviuor is disgraceful and in-excuseable as well as criminal.

I really hope, with the support of all of the good people on this site, you manage to get this guy the punishment he truly deserves.

 

best wishes

[seanamarts]

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

 

Just found out that this bailiff did not have a certificate, it had ran out in January of this year and he has not renewed it, any advice on how I can proceed with this would be most gratefully appriciated

[setmefree]

Go for it

(1) Call Drakes and make them aware of the fact.

(2) contact your council and tell them what the DCA has told you,they are responsible for the bailiff, let em have it

(3) contact the police again about the matter, and tell them you have new information about the bailiff i.e. he aint certificated so he had no right to come to you in the first.

Keep me informed.

and the guidelines about bailiff's being certificated regarding council tax and pcn's are set out by HMCS

[seanamarts]

Go for it

(1) Call Drakes and make them aware of the fact.

(2) contact your council and tell them what the DCA has told you,they are responsible for the bailiff, let em have it

(3) contact the police again about the matter, and tell them you have new information about the bailiff i.e. he aint certificated so he had no right to come to you in the first.

Keep me informed.

oh my Council are so helpful.. NOT !!!!!

I have passed this information to them and the lady who is dealing with it did not believe me at first until I gave her details where I had got this information from. She was suprised that I had this information at hand, the case, so she says has now been passed to their head of investigations. i have now put in a formal complaint to the chief inspector at my local police station with regards to the two officers that attended.

watch his space.

[The Watcher]

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

 

Just found out that this bailiff did not have a certificate, it had ran out in January of this year and he has not renewed it, any advice on how I can proceed with this would be most gratefully appriciated

 

This just gets better and better !

 

Contact the police again - as he is not certificated he has NO bailiff "rights" on his side !

[KJD]

This sort of behaviour by the 'bailiff' (loosely used here!) is exactly why people are so scared of bailiffs.

 

Well done with your research etc so far. As setmefree says you have to take this all the way now. No one, but no one, has the right to treat you like that - with or without a warrant.

 

Well done!

[Recycler]

Friday 20th April House of Lords - Parliamentary Question

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Lord Lucas (Conservative) | Hansard source

asked Her Majesty's Government:

Whether a person who represents himself to be a certificated bailiff, but is not, and by doing so obtains a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter.

 

Baroness Scotland of Asthal (Minister of State, Home Office) | Hansard source

The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is by false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents to be a certificated bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss. It is immaterial whether they actually obtained a payment or goods from a debtor.

The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.

[Recycler]

btw I would double check the certification of the individual (HMCS register is not always 100%) by ringing the issuing Court to check whether they have any different record (they may not have notified HMCS register)

[seanamarts]

Friday 20th April House of Lords - Parliamentary Question

 

 

Lord Lucas (Conservative) | Hansard source

asked Her Majesty's Government:

Whether a person who represents himself to be a certificated bailiff, but is not, and by doing so obtains a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter.

 

Baroness Scotland of Asthal (Minister of State, Home Office) | Hansard source

The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is by false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents to be a certificated bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss. It is immaterial whether they actually obtained a payment or goods from a debtor.

The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.

thank you for this, i will print this of if i may and send it with other details to all people concerned.

[setmefree]

btw I would double check the certification of the individual (HMCS register is not always 100%) by ringing the issuing Court to check whether they have any different record (they may not have notified HMCS register)

 

very good advice, Denise from the DCA now knows if a bailiff has not renewed their certificate something on her computer, but i agree with you some courts don't rush giving their info to the DCA.

[seanamarts]

does any one know if I am allowed to submit the letters of complaint in here that I am writing, with all private details omitted of course IE names, addresses etc

[Recycler]

attempting to obtain pecuniary advantage contrary to the 1968 theft act - used to be the wording but now we have a new Fraud Act it may have changed

 

It could be argued that producing false documents with deceptive evidence based upon lies and deceit could well be fraud, false accounting and deception.

 

If you suspect that justice is being prevented, or perverted, that lies are being orchestrated to penalise the public, that the human rights act is being ignored or manipulated to the detriment of the public, you can make a complaint to the police. (This applies more to the authority)

 

May sound daft, but, the area of crime would be within misfeasance or malfeasance in public office, very serious matters, very arrestable offences, which may be borne out of the supportive evidence obtained as a result of a complaint to the Local Govt Ombudsman & or a Subject Access Request.

 

 

 

 

 

hope theres a few good quotes you could apply there

[setmefree]

i would not advise putting peoples names on here, you can PM someone with your letter and ask for an opinion before you send it off,i'm sure many of us certainly won't mind that.

[seanamarts]

oh wow !!!! my local paper has just called me wanting the story

[seanamarts]

very good advice, Denise from the DCA now knows if a bailiff has not renewed their certificate something on her computer, but i agree with you some courts don't rush giving their info to the DCA.

 

surely it dosnt take tha long to get it registered though his ran out in january. two other bailiff by the same name have never had a certificate

[Recycler]

certificate renewal takes 6?or maybe 8? (somewhwere around this timescale) weeks from the date of the public notice advertisement (which is requisite)

 

then a court date to appear in front of the County Ct Judge - can take another 2 weeks easily

[setmefree]

certificate renewal takes 6?or maybe 8? (somewhwere around this timescale) weeks from the date of the public notice advertisement (which is requisite)

 

then a court date to appear in front of the County Ct Judge - can take another 2 weeks easily

 

Yes agreed Recycler,but this bailiff cert ran out in jan i'm sure it would most certainly be on the DCA comp by now.

[Recycler]

In fact there were more PQ's asked which are directly relevant to your case - hope it helps formulate the wording

there seems to be a duplicated q in the middle...

Crime: Fraud

 

Lord Lucas asked Her Majesty’s Government:

Whether a bailiff who repeatedly charges for work that has not been done commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2743]

The Minister of State, Home Office (Baroness Scotland of Asthal):

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

 

One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. It is also possible that, where a bailiff repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

 

The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.

 

Lord Lucas asked Her Majesty’s Government:

Whether a person who represents himself to be a certificated bailiff, but is not, and by doing so obtains a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2744]

Baroness Scotland of Asthal:

 

The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is by false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents to be a certificated bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss. It is immaterial whether they actually obtained a payment or goods from a debtor.

 

The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.

 

Lord Lucas asked Her Majesty’s Government:

Whether a person who represents himself to be a certificated bailiff, but is not, and intends by so doing to obtain a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2745]

Baroness Scotland of Asthal:

 

The Fraud Act 2006 created a new general offence of fraud. This can be committed by three means, one of which is false representation. Fraud by false representation is set out in Section 2 of the Act. Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents himself to be a certificated bailiff, but is not, is likely to be committing an offence under this section. It will be necessary to show that the person was acting dishonestly in making the false representation, as well as that they intended to make a gain or cause a loss.

The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.

 

Lord Lucas asked Her Majesty’s Government:

Whether bailiffs who illegally obtain entry to a debtor’s premises with the intent of obtaining payment from a debtor, or of taking possession of goods, commit a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter. [HL2746]

Baroness Scotland of Asthal:

 

The basic rule regarding the powers of entry for bailiffs is that there is a right of entry that may be exercised into any relevant premises. In circumstances where a bailiff illegally obtains entry to a debtor’s premises, their conduct will amount to fraud only if they dishonestly, and with the intent to make a gain or to cause a loss, make a false representation, fail to disclose information or abuse their position. While an illegal entry may be made with the intention of making a gain or causing a loss, it may well not involve the other elements necessary to commit a fraud.

 

The decision on whether to investigate a crime rests solely with the police, who will take into account available resources, national and local policing priorities, the likely eventual outcome and the competing priorities of fraud and other criminal cases already under investigation. Such operational issues are a matter for the chief officer of the force concerned.

 

Hansard text

[The Watcher]

I suggest EVERYONE makes a copy of the above - for possible future use if the police refuse to act !

[seanamarts]

**** UPDATE****

 

I have just been seen by an officer from my local police station, she has taken a statement and there is now a warrant in process for the arrest for the bailiff concerned he is being charged with ABH and for forcing his way into my home. if he had broken my fingers instead of just bruising them it would have been GBH.

The police have said that he had no right to enter my home even if he was certified or not.

once again people thank you so much for giving me this information and the support to see me through this, I have sent several letters to my local council the bailiff company involved the chief inspector of my local station and my MP. I will keep you informed of the out some, oh and what the papers say next week

[setmefree]

Well done..

this is for the Bailiff

 

this is for the police

 

this is for the council :o

 

and finally this is for you

[seanamarts]

Well done..

this is for the Bailiff

 

this is for the police

 

this is for the council :o

 

and finally this is for you

hehe thank you, i hope that this gives others the courage to fight and make the police aware that these thugs cannot push people around.

[Tau]

Great news ;)

[The Watcher]

hehe thank you, i hope that this gives others the courage to fight and make the police aware that these thugs cannot push people around.

 

The sun is out ... the garden is looking lovely .... I've got a nice bottle of Chardonnay chilling in the fridge .... but it's YOU that just made my day !

 

I'll be toasting your success later.

[seanamarts]

The sun is out ... the garden is looking lovely .... I've got a nice bottle of Chardonnay chilling in the fridge .... but it's YOU that just made my day !

 

I'll be toasting your success later.

lets see how a bailiff who has served warrants now has one served on him

i truely believe in Karma

 

enjoy your chardonnay, i may have one myself