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Bailiff assaulted me - Case closed .. I WON


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excellent...what goes around comes around.... as you say lets see how he likes a taste of his own medicine

 

well done you for standing up for your rights and exposing this bully

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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

Yes you can put your letters on here and other users can advise you on them before you send them .

As you say though please omit any identifying details .. both for you and any other person ( ie the baliff )

 

 

please be careful before acting on advice given by PM ..if it is given on open forum other users can correct any mistakes

When you want to fool the world, tell the truth. :D

Advice & opinions of Janet-M are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any

doubts.

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Yes you can put your letters on here and other users can advise you on them before you send them .

As you say though please omit any identifying details .. both for you and any other person ( ie the baliff )

 

 

please be careful before acting on advice given by PM ..if it is given on open forum other users can correct any mistakes

Thank you

the letter of complaint is below with all names and address ommitted,

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Ms ***** ******

*******

*************

Clacton on Sea

Essex

******

30th May 2007

 

Telephone; EDIT =number removed

 

 

COMPLAINT: Re; Ref; ********* (parking fine)

 

On the 29th of May 2007, at approximately 5.30pm an employer of ‘Drakes Group’ came to my home, I believe this to be Mr *****.

Upon answering my door Mr ***** asked me if I was ***** ******. I told him I was, he proceeded to show me his badge and tell me why he was there, stating that he was there to recover monies for an outstanding fine that was issued by a court.

I am on the understanding that it is written in your, ‘Drakes’ code of practice, that,

  • Once contact with the defendant has been made you must produce your identity card and clearly identify yourself as an Enforcement Officer from Drakes Group working on behalf of whichever client you are representing.

I would like to point out that not once did Mr ***** tell me he worked for ‘Drakes’, Only that he was acting on behalf of TDC, or that he showed any documentation with regards to this matter.

 

Mr ***** continued to tell me that the warrant was for a parking fine in October 06 I told him that it must have been a mistake as I had not received any fines in October, but I had one issued in September 06’ when I first moved to the above address and which I had put forward for appeal but had not received any correspondence to that since October 06’. He asked what was I going to do about it and I told him nothing at the moment as I did not know anything about it. After I had explained the situation he seemed satisfied with what I had told him and he told me he would refer it back to Tendring district Council. I was in agreement with the decision that he made, but in passing said that I would only tell them what I had told him and that I knew nothing about it and was not going to pay for something I knew nothing about. With that he pushed open the door, pushing me backwards and told me he was going to commence seizing goods to the sum of the outstanding amount that I owed.

Cont;

 

Pge 2

Ref; ******

 

This was totally unexpected, I had not threatened him or gave him any purpose to force his way into my house, I felt very intimidated by his actions and became not only confused at what had occurred but scared of what was going to happen.

  • Polite and respectful - All debtors, defendants, court officials, staff and the general public, must be dealt with in a polite and respectful manner. Do not use any terms of endearment or colloquialisms such as "mate", "darling", "love". Sir or madam can appear patronising so when talking to debtors and defendants address them by name i.e. Mr Smith or Mrs Smith. All communication must be made in a non threatening manner. Drakes will not tolerate abusive, threatening or bullying behaviour from any of its EOs in any circumstance. There is sometimes a fine line between a firm assertive stance and an intimidating one and therefore great care must be taken to avoid assertiveness becoming intimidatory. Threats and/or an exaggeration of consequence must not be used. Do not allow yourself to be drawn into an argument with the defendant that may result in an exchange of threats or violence.

Quoted by ‘Drakes’ code of practice.

 

Before I continue with this complaint I would like to inform you that I am disabled and have been for many years. I suffer with neurological episodes which cause strokes resulting in limited use and weakness on my left side. The day in question (29.05.07) I had been ill in bed recovering from a, yet to be diagnosed illness which is currently being investigated by my GP, I answered the door in my dressing gown and did take some time answering as I have to walk down a flight of stairs to answer my door and do find this difficult at most times.

Mr ***** could clearly see that I was ill, as I was very pale and my speech was slightly slurred and I was very confused and was holding the door for support. I walk with a very noticeable limp and I did tell him he had woken me and that I had been ill in bed that’s why it took so long for me to answer

  • Exemption and discretion - When dealing with the public, you must be alert to genuinely vulnerable members of the community. When the debtor is in this vulnerable category (defined elsewhere) you must exercise even greater care and discretion in the execution of the warrant. Often the court is not aware of the defendant/debtors circumstances so you must evaluate each defendant/debtor contacted and take appropriate measures to ensure that these rules are adhered to. Remember, you are looking for the debtor who "won't pay" not the debtor who genuinely "can't pay".

Cont;

 

Pge 3 Ref; *******

  • Exemption from execution
  • When attending premises, if any of the following situations or individuals are encountered, you are forbidden from executing the warrant and must withdraw. Certain exemptions are only considered temporary, for example, a pregnant woman is not permanently pregnant and therefore you may return after the birth. A mentally handicapped person is likely to be disabled for life and unable to understand or deal with the matter responsibly. You should therefore report on these facts.
  • Old and/or frail - Although it is much more likely that an elderly person will be frail, and become stressed or nervous, younger persons with a medical condition may also be frail. You must make a professional judgment from your first contact with the defendant/debtor whether to proceed or not. If you determine that it is acceptable to continue you must be careful not to upset or stress the defendant. You should be prepared to withdraw if the defendant/debtor shows the slightest signs of distress. You should allow for the person to be hard of hearing/partially sighted/slow to react, and be patient and sensitive.
  • NB. ‘old and frail' and ‘recently bereaved' appear in the lists of exemptions and discretion. The decision to proceed or not will depend on the circumstances as assessed by the EO at the time.
  • In all of the above cases you must advise both the court/client and the office of the situation and update the appropriate system notes.
  • Pge 4 Ref; ********
  • Frail – If the defendant/debtor appears to be frail you should contact your Area Enforcement Manager to seek advice as to how to proceed.
  • Disabled – If the defendant/debtor appears to be severely physically or mentally disabled you must contact the client/your area manager before proceeding. If, in your professional opinion, the defendant/debtor appears able to manage their own affairs, you should proceed cautiously and ensure that the defendant/debtor understands the matter and your role in the proceedings.
  • Lone female - When dealing with a lone female you should be aware of potential risk of allegations that could be made against you. Where possible, it is advisable not to enter the premises fully (if at all), but to cross the main threshold and remain in the hallway or front entrance. If no other option exists other than to enter to perform a seizure of goods then you should notify the police of the situation, your intentions and request their presence.
  • Entry to defendant/debtor's premises - Once the premises have been confirmed as the defendant/debtor's place of residence, entry may be achieved by peaceful means only. Peaceful is interpreted as by "direct or open invitation" only. You must never use force or false threats to gain entry. Entry is also forbidden if only a minor is on the premises.
  • Forced entry - Powers to enter a premises by force is available when executing a warrant issued under section 76 of the Magistrates' Court Act 1981, but only when it is reasonably necessary to do so, in order to execute the warrant. You are not authorized to use this power without first gaining approval from your line manager - and then only in accordance with Drakes protocol in respect of Domestic Violence, Crime and Victims Act.

Quotes taken from ’Drakes’ code of practice

 

Pge 5 Ref; *******

I will admit that I did try and close the door but only after I had asked Mr ***** to remove his foot first. As I tried to shut the door Mr ***** immediately told me that I was assaulting him, with that I stopped and turned to go back into my flat which is approximately 6 feet away from the main front door into the building. As I have done so Mr ***** grabbed the collar of my dressing gown and pulled me backwards. I lost my footing and my left hand was smacked against a shelf or there abouts where I tried to steady myself, I screamed at him to get away and I managed to get through entrance to my flat doorway I then tried to push my door shut but Mr ***** was trying to push it open, shouting that I was assaulting him and he was going to call the police. I shouted back that he has assaulted me and that I wanted him to call them. He then stopped pushing against the door, I don’t know whether he stopped pushing because my downstairs neighbour had come out to see what was going on or that I said that he had assaulted me.

I then went back upstairs into my flat and got dressed and waited for the police to arrive.

I was clearly shaken and traumatized by what had happened, and I told the police that Mr ***** had assaulted me by forcing his way into my home. I also told the officer that I hadn’t been well. The officer who attended said that Mr White had made an allegation that I had assaulted him by way of not letting him into my property, and the injuries that I sustained were of those that I had received by these actions of not letting Mr ***** into my flat. I tried to explain that I had not been shown any documentation by Mr ***** with regards to any warrants etc. The officer did not seem interested in what I had to say and was more interested in telling me that Mr ***** had every right to come into my home by way of what force he felt necessary to seize goods to the amount that was outstanding. Pointing out that he could take anything he felt was suitable like my TV and my computer which I will add is my life line as I use this for things like shopping and paying bills as often I cannot get out to do these. I told the officer I wanted to press charges against Mr ***** about three or four times but the officer refused to do so, implying that I was in the wrong for not allowing Mr ***** into my home, even though I still had not seen any documentation with regards to this matter. I even offered to hand over my car as a gesture for part payment of this outstanding amount but was told that it was not worth it.

It was left that Mr ***** was going to leave and contact the council in the morning.

 

Cont;

 

Pge 6 Ref; *****

I later attended the hospital as I was in considerable pain from injuries that had occurred from Mr *****pulling me by my dressing gown collar. My hand was strapped up and a note was put on my file that I had also sustained bruising to my neck and shoulder from where Mr ***** had pulled me backwards. I was given painkillers and was asked to attend hospital the next day to have my hand/fingers x-rayed as they thought it may have been broken.

On my return home I rang the police and told them that I wanted to press charges against Mr ***** for the assault

I would like to know how Mr ***** came to the conclusion that my injuries were because I stopped him from getting in when the injuries were around my neck where he pulled so hard that my collar on my dressing gown had marked my neck and bruised it.

I will be making a statement on the 2nd of June to Clacton police, and I will proceed with the assault charges against Mr ***** and expect your full co-operation on this matter.

I phoned the council the following day to enquire about these charges etc; they informed me that they had been sent to a previous address where I had lived almost two years ago. TDC are investigating the matter of why correspondence was sent to an old address and not to my present address where they had been corresponding with me with regards to this matter

Just to clarify this I did not genuinely know that these charges had been made and your employer, Mr *****, should have given me the benefit of the doubt. I had given him no cause what so ever for him to precede to unlawfully gaining access to my home. In my opinion, this could have been avoided.

I would also like to make clear that I am not making this complaint to try and ‘get out of paying’ I genuinely believe that Mr ***** did not adhere to your ‘code of conduct’ and acted far beyond his given authority.

 

Cont;

 

Pge 7Ref; *****

  • I would like to make one final point, ‘The Bailiff cannot force entry into a domestic property. The bailiff can walk through an open door, an unlocked door, or go through an open window. Once in tthey will make a walking possessiion order (a list of all your goods/belongings). Usually once they have the list of goods they will enter into an arrangement, but this will be on their terms. If you do not keep to the arrangement the Bailiff can force entry and seize goods after default. Agreement can only be made after peaceful entry.’

That quote was taken from a government website.

I would like to take this opportunity to thank you for reading this letter and hopefully hear from you shortly with regards to this matter.

A copy of this letter will be sent to my solicitor, the police, my local MP and Tendring District Council. I am sure that you will be hearing from at least three of those mentioned.

**** up dated ****

I have now been informed that Mr ******** ****** IS NOT a certified bailiff, his certificate ran out in January of this year. I believe that you have two other employers with the surname of ***** and neither of those has certificates either. In light of this, not only will I be seeking to have Mr ***** charged for the assault but I will be pressing charges for trespass, unlawful entry and for fraud. Also I will be seeking to take legal action against ‘Drakes Group’.

I am sure that you are well aware that an uncertified bailiff cannot carry out court warrants with regards to parking fines.

Ms ***** * ******

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Hi sorry for all your trouble - one thing the register is not always up to date and as much as Denise tries to keep it up to date the courts dont always let her know. Just phone the court where he should have renewed and speak to the person deals with Bailiff certificates.

 

Wishing you the best of luck.

 

Sfx

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Hi sorry for all your trouble - one thing the register is not always up to date and as much as Denise tries to keep it up to date the courts dont always let her know. Just phone the court where he should have renewed and speak to the person deals with Bailiff certificates.

 

Wishing you the best of luck.

 

Sfx

thank you

the police are doing that on my behalf and also the council

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Cool and I am glad the Police are finally taking this seriously.

 

SFx

they certainly are, I cant say anything yet but its been passed to higher hands, but will inform everyone as and when Im allowed to make it public

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Quick update****

just received a letter from Drakes saying they will investigate, but it looks like a general letter, also received a letter from my local police force just confirming that someone at a higher level than a PC has taken over the investigation. Im being interviewed this friday with my local paper.

Just found out that the bailiff has a certificate pending so he was not certified at the time of the incident, just waiting to hear when he applied.

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If bailiff not certificated & application pending

 

would this be a good time to put a Pt 4 complaint on record - highlighting the police involvement.... or would it not apply as he was technically not a certificated bailiff?..... might not be the correct approach - but would bring the matter to the attention of the certificating ct / judge

 

there is a very interesting background article on the procedure & why it should be used here

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If bailiff not certificated & application pending

 

would this be a good time to put a Pt 4 complaint on record - highlighting the police involvement.... or would it not apply as he was technically not a certificated bailiff?..... might not be the correct approach - but would bring the matter to the attention of the certificating ct / judge

 

there is a very interesting background article on the procedure & why it should be used here

Definately will be filling the Pt 4 and will be sending it to the courts in question with the whole background on this situation. The court in question have been made aware of this matter, just waiting to hear back :)

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Guest Herbie

We have corresponded by PM,but for those interested, this situation is why the TCE Bill CANNOT be allowed to become law.

 

If it is allowed, bailiffs will be able to force entry, use force if need be, and invite a 3rd member onto the premises.

 

Why the government is considering granting bailiffs with these additional powers when they are acting in this manner WITHOUT them is beyond me.

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We have corresponded by PM,but for those interested, this situation is why the TCE Bill CANNOT be allowed to become law.

 

If it is allowed, bailiffs will be able to force entry, use force if need be, and invite a 3rd member onto the premises.

 

Why the government is considering granting bailiffs with these additional powers when they are acting in this manner WITHOUT them is beyond me.

They should be tightening laws with the bailiffs not giving them more powers. Herbie email sent by the way :)

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update ***

found out yesterday that the bailiff WAS certified back in March this year. Courts really need to get their paper work updated, forms have been sent off to the court with regards to this complaint, and will be informing my local council that this bailiff was uncertified during Jan all of feb and most of march.. will be interesting to see if he carried out any warrants during this time. will keep you posted

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Hi, just subscribing but well done for sticking to your guns and not letting it get brushed under the carpet.

 

I can't help but get angered when I see any kind of post like this when vulnerable people are being abused (Well anyone for that matter) by people who think they are above the law.

 

It looks like you have a great case and hope to see justice very soon!

 

Tom

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sorry for the delay but had PC problems, anyway ***UPDATE***

well as for the papers wanting the story, i have now been informed that because of certain circumstances they are not allowed to print the story as the Bailiff who assaulted me is being charged with ABH and is 'wanted'.

I find this strange, what I have found out i that the officer who came to my house the day this happened had a full front page in my local paper because he did something brave, I suppose him doing that over rights what happened here on the day when he clearly didnt do what he was supposed to do, ive heard nothing from the police since my interview, seems about right to me.

Ive had a reply from Drakes last week and they are not going to investigate the matter further as they feel that MR ***** was within his rights to force his way in as he had a warrant, and that because i opened my door its classed as an open invitation, and once Ive 'invited' him in he has every right to force his way passed my door. He also stated that I assaulted him buy 'slamming my hands on his shoulders' I wish I had of done. he aslo states that he placed his clip board over his groin area as he feared that i was going to hit him there, thats the first time ive laughed about this matter,

  • "quote" Once a debtor has opened the door to an enforcement officer effectively the officer has secured peaceful entry...

I certainly didnt open my door to my flat to him but he tried to force his way in through that door and that door was shut, unlocked perhaps but was definitely shut, the hallway where the assault took place is a shared hallway. Im sending P4 off to Ipswich court today where Mr ***** received his certificate, and sending information to TDC/PS that MR *****

was uncertified between January and March, be interesting to see if he carried out any warrants on their behalf.

TDC/PS have taken back the warrant and placed it at the beginning of when I first got the parking ticket so I can appeal all over again *sigh.

quick story on the parking fine. where I live you have to have a parking permit, I had just moved in and it was late when i placed the temporary permit in my car on the Saturday night, I was extremely tired and forgot to cross off the date, I crossed off the day and month but not the number ie 9th. On the Sunday at 8.45am I got the parking ticket because I was not up early enough to change the permit, not surprising really as I was knackered from moving, well I wrote to TDC/PS stating this and that having a disability I also found it very hard to get about in the morning, well they said they would not uphold the ticket for the Sunday when I got the ticket, giving me the benefit of the doubt, but was going to uphold the ticket because i incorrectly filled in the permit for the Saturday, even though I got the ticket on the sunday thats what I am appealing against, stoopid huh, I'm thinking why did I even bother to put in a permit just for a Saturday night now.

well Im off to the doctors now as last week i totally broke down about this and docs placed me on sedation as I just cant cope any more with this. Im disgusted at the way Ive been treated and just want it to end now.

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  • 2 weeks later...

Hi all

 

It’s sad, I am about to sue the bailiffs "TASKFORCE"

I have had many awful experiences with them in the past, but I failed to do anything about it other than puff and pant, hoping it would never happen again.

It does.

This time they are not getting away with it, they have bitten more than they can chew.

Good luck to all

Imran

checkout my post

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***update***

 

Just to let you know that my MP has written and is going to look into this matter, and think its appalling at how the council, bailiffs and police have treated me. I am still awaiting to hear from the courts, police, the council and Drakes, seems to me as if they are dragging their feet, its been almost 6 weeks now since this happened and still nothing positive to tell you all, but Im not giving up.

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just been reading your horror story. I'd bet my life savings (if I had any) that this "bailliff" has a criminal record!! Could be worth finding out.

Wish you all the best. Keep everyone updated.

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just been reading the horror story from seanamarts. My mother is being chased by her council for council tax arrears. Bailliffs have sent acouple of threatening letters. Luckily there is a lawyer who volunteers at her local Citizens Advice Bureau that is dealing with her case and has put them off for now. Regarding bailliffs entering the premises. If a door has a chain as does my mothers and it is opened with the chain on, what is the legal status of the door? Is it open or closed.

Has anyone ever successfully sued a bailliff and got money/goods back?

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UPDATE ***

I am fuming now!! Just recieved a letter from the council and they are refusing to comment further on the complaint against Drakes Group. Not even a reason why they are not commenting or what they are doing about it. My questions have gone unanswered etc. so Im now filing a complaint with the council ombudsman. Seems to me they are just going to sit back and hope it will just go away.

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