Urgent Help Needed Re Council Tax Bailifs

[sheraton01]

Ok right not really sure where to start.

 

We owe several years council tax due to employment problems etc over the last few years.

 

We had been paying a bailiff company for 2006 arrears and had made an effort to pay some of 2007. None of this years has been paid yet as we were paying so much to bailiffs that we couldnt afford to pay anymore.

 

In May of this year I wrote to bailiffs asking for statement of account so that I could check what we had paid and check their charges. When we received this it said that there was £135 outstanding. I looked through the charges on the account and disputed 3 of them with a total value of more than £135. I wrote back to the company and disputed the account.

 

I received no further communication untill we had forcement officers at the door this morning at 7.30AM saying that we now owed £301. I again advised that we dont owe it and have heard nothing from them for over 3 months. The bailiff said that he had come to remove goods and fully itended to do so. I queried this as they have NEVER gained entry to our home. They had a levy on a company car that we had not had in our possesion for over 12 months.

 

At this point the bailiff litterally forced our front door which I was stood behind (I am female, 5ft 2 and 14 weeks into a very dificult pregnancy). I stood firm against the door stopping him from gaining full entry but he rammed his foot in the door and refused to remove it. He has left boot marks on the front of our door. He insisted that he was allowed to enter despite having never been in before. I shouted to my husband to call the police as I felt this man was very intimidating and was using more than reasonable force to gain entry.

 

I was by this time in quite a distressed state and offered to pay the man every penny that we had in the house, which was nearly the full amount that he asked for. I said that I did not feel comfortable with him at the door and would go and get the money if he would allow me to shut the door. He refused. My husband did at that point make a few unhelful comments such as I know who you are (he was not meaning to be threatening but was referrering to the fact that one of these men (there was another on the drive) is a local door man and we both feel that they should not have a licence for that or being a bailiff if they are willing to use such unnecesary force.

 

At that point the bailiff then asked his mte to clamp our car and advised me that he was going to charge us a further £50 for the pleasure. I advised that the car is financed up to the hilt and I could prove that, so surely he cant remove the car and therefore has no right to clamp it. I was competely igored and they clamped the car quickly before police arrived. Policeman unfortunatley wasnt really any help depite me stating that I wanted to persue a claim for assault and we ended up giving this man every penny that we had plus we had to ask MIL to come from around the corner with £50 to get car unclamped.

 

The Bailiff showed us no paperwork what so ever anfd refused to give us his badge number.

 

We have since been to our local counci offices to try and sort out our current arrears and to make a complaint and they have advised us that thy have now appointed the same company to collect our current arrears. We explained re this monring anf asked them to take the debt back and they have refused.

 

I dont know what to do now, I dont feel that we can make a complaint if this company are going to call again and I am now petrifed to be in my own home.

 

Sorry it's so long and probably a bit confused but does any one have any suggestions as to what we can do now?

 

Thanks

 

Sheraton

[sheraton01]

Sorry just realised also that he did say that if he was made to leave then he would come back within 7 days with a warrant for my arrest!!

 

This was after I had offered to pay him the money and advised thaqt I was 14 weeks pregnant.

 

Have been reading through other threads to pick up ideas re:paying council direct etc BUT as one of their baillifs has now had his foot through my door (courtesy of using force) does this mean that they can gain entry to my house for the next lot of council tax that has just been paqssed to them.

 

I am just sooo worried, scared to be in my home and also scared to go out.

[huggy41]

help is at hand on here

 

point 1 .he cannot arrest you

point 2. no one can come into your home and take your goods in this way

 

if he calls again ask him to put his Bailiff i.d card through the letter box which he will not do so leave him at the door make cup of coffee and put your feet up. while your on the phone to the police. rember this man can do nothing and you can hurt him hard by using the police saying that someone is trying to gain entry saying they are Bailiffs.

 

more help should aive soon on this thread.

[huggy41]

do you know what firm he works for and what is his name if he is a certifecated bailiff then you have the right to report him to the court were he got his certifecate and the courts do take this very seriously

 

another point the said id from court must have the judge or issueing magistrates signature on it as well as the courts stamp

Edited September 8, 2008 by huggy41

[sheraton01]

The Bailiff company in question is Jacobs. The main bailiff briefly flashed his ID at my husband when he first answered the door. During our confrontation I asked to see his paperwork and he ignored me, I asked several times for his name and badge number and he refused point blank and said that I would have to get that from the office. At no time were we shown ID for the second bailiff - this is the one who clamped the car.

 

UPDATE - this afternoon after reading through many threads on here, I have contacted the council again and have spoken to a manager in recoveries. At the moment I have managed to get him to put a hold on any further action on the next lot 07/08. However he will only do this if I submit my complaint in writing. I have agreed to this but I am very afraid of the repercussions from the Bailiff company if the Council do not agree with our complaint.

 

I have to email him by tomorrow morning I am very aware of what happened and I am sure that he used unreasonable force and did not comply with procedure re providing documents etc. However I am not aware of the legislation etc that they have actually broken. Can anyone help me out with this. I did explain to Recoveries manager that I had/was taking advice on this situation and he was very keen to know exactly who I had spoken to.

 

I feel if I was able to quote what legislation they broke this morning then my complaint would be taken a whole lot more seriously.

 

Sheraton

[huggys boss]

Sit tight and wait for an expert reply to your thread before you send that email.

 

There a lot of very well informed people who use this site and one of them will tell you exactly what rules/laws he has broken and what to say in your email so that it has maximum impact.

[tonycee]

This behavior is disgraceful.

 

I am having serious internet probs at mo. If any of the links dont work SHOUT.

 

 

 

Making an official complaint about a certificated bailiff

 

Section 8 of the Distress for Rent Rules 1988 provides for a person to file a complaint at court against a certificated bailiff and challenge his fitness to continue work as a bailiff.

Complete a Form 4 complaint and return it to the bailiff’s certificating court. Don’t be hasty; make sure you have ducks in a row before shooting. Keep everything factual & short. Call 0207 210 0516 with the name of the bailiff to find the court name and address.

 

Grounds can include:

 

The bailiff is untrustworthy

Collecting a debt that is larger than the debt originally claimed by the creditor

 

The bailiff defrauded you

He over-charged you in fees committing an offence under Section 2(1)(b)(i) and Section 4(1)©(i) of the Fraud Act 2006

Charged a fee that is not prescribed in law – e.g. a credit or debit card fee or a van fee etc

Charged a fee contradicting Section 10 of the Distress for Rent Rules 1988

Charged you a walking possessions fee without you signing it

Tricked you to sign a walking possessions agreement pretending the document was something else – e.g. a receipt, or payment confirmation.

Getting you to sign a walking possession agreement before telling you what the fee will be

Charged you attending to remove fee on his 1st visit

Clamped your vehicle (or charging a fee thereto) or seized goods (or charging walking possession fee) without giving the debtor reasonable opportunity to pay

Seized goods valued disproportionately higher than the debt

Sold your goods at a disproportionately lower price than you would have otherwise attained at auction (e.g. on eBay)

He charged you fees for previous visits while you were out and says you have to prove those visits were not made

He charged you fees for visits or posting letters that contradict Section 7 of the Interpretation Act 1978 e.g. by sending them to a different address.

He charged you fees for sending letters for collecting unpaid council tax (the law doesn’t provide for it)

He enforced or tried to enforce the same debt twice

He enforced or tried to enforce a null-debt (paid up debt), or debt comprising entirely of bailiffs fees.

 

The bailiff is dishonest or of unfit character

He was aggressive, rude, threatening or intimidating

Pretended to be an officer of the court

Pretended to be collecting a court fine

Impersonated a solicitor or police officer

You sustained an injury by the bailiff (Contact a solicitor and make a separate claim under the Personal Injury Protocol)

Lied about the extent of his authority

Damaged your goods, car or property (Reclaim these from the authority that instructed the bailiff via the small claims track)

 

 

 

Re: Reporting a bailiff for criminal activity.

 

 

 

[NAME OF] POLICE STATION

To whom it may concern

Address line 1

Address line 2

Address line 3

POSTCODE

DATE

Dear Sir/Madam

 

I was visited by a certificated bailiff [NAME OF BAILIFF(S)] of [NAME OF BAILIFF FIRM] on [DATE] enforcing payment of a [PARKING TICKET/COUNCILTAX/OTHER DEBT] and I was defrauded by the bailiff because he overcharged me in fees he was not entitled to charge.

I was charged [£AMOUNT] for an original debt of [£AMOUNT] which leaves a difference of [£AMOUNT] for the bailiffs fees. The prescribed fees for bailiffs collecting this type of debt is published by the Office of Public Sector Information and the law prescribes maximum fee of [£AMOUNT].

The bailiff admitted charging me a [VAN FEE/CREDIT CARD FEE/ATTENDING TO REMOVE FEE ON 1ST VISIT/WALKING POSSESIONS FEE WITH AN INVALID LEVY/OTHER FEE DESCRIPTION SPECIFY] and the prescribed regulations do not provide for bailiffs to charge these fees. I make this complaint because understand it’s a criminal offence to defraud a person of money my making a false representation to obtain a money transfer for himself or another under Section 2 of the Fraud Act 2006.

[The bailiff charged me a credit card fee and Section 21(1) of the Consumer Credit Act 1974 requires the bailiff to hold a Category C Consumer Credit license to enable him to charge a fee for processing a regulated credit transaction between a borrower and a lender. The OFT consumer credit licensing public register says he is unlicensed and I understand unlicensed trading is an offence under Section 39(1) of the Act. In any event the law does not provide for bailiffs to charge fees that are not prescribed and I understand this is also an offence under Section 2 of the Fraud Act 2006.]

[The bailiff charged me interest and Section 21(1) of the Consumer Credit Act 1974 requires the bailiff to hold a Category A Consumer Credit license to enable him to trade in consumer credit. The OFT consumer credit licensing public register says he is unlicensed and I understand unlicensed trading is an offence under Section 39(1) of the Act. In any event the law does not provide for bailiffs to charge fees or interest of any description that are not prescribed and I understand this is also an offence under Section 2 of the Fraud Act 2006.]

[The bailiff is trading in debt recovery and Section 21(1) of the Consumer Credit Act 1974 requires the bailiff to hold a Category E Consumer Credit license to enable him to lawfully trade in any form of debt recovery. The OFT consumer credit licensing public register says he is unlicensed and I understand unlicensed trading is an offence under Section 39(1) of the Act. In any event the law does not provide for bailiffs to charge fees that are not prescribed and I understand this is also an offence under Section 2 of the Fraud Act 2006.]

[The bailiff has an invalid levy because he seized [goods/a motor vehicle registration ABC 123Z] belonging to finance company [NAME OF BANK] under agreement numbered [123456789] and the bailiff said he can lawfully levy on the finance company’s goods in respect of my debt, I now understand the bailiffs made a factual error and cannot use the finance company’s goods as collateral for my debt, and by doing so the bailiff is committing an offence under Section 2 of the Fraud Act 2006 and Section 12 of the Theft Act 1967. I have available the finance document showing the vehicle registration mark and I confirm the final payment has not been made [along with a copy of the warrant which is not in the finance company’s name]. I wish to report the vehicle stolen and ask the police to attend the bailiff's address and recover it and return it to its lawful owner.]

I asked the bailiff to put things right in writing but my request was ignored. Their receipt indicates the bailiff or his firm is routinely and systematically defrauding debtors in this way believing the general public are less-informed of the law that prescribes bailiffs fees and sets their conduct and take advantage of that position to make an unlawful gain for themselves.

I understand it is a criminal offence to defraud people, or make a gain, or obtain a money transfer for himself or his firm by making a false representation or by misuse of his position. I therefore ask the criminal element of this matter is fully investigated as per Sections 1 to 5 of the Fraud Act 2006 and I have enclosed relevant documentation to satisfy the criteria for the CPS to start a criminal prosecution. I am happy to stand as a witness or provide a statement for the proceedings, please let me know if you need further information.

Meanwhile, please provide me with the crime number.

 

Yours Faithfully

YOUR NAME

 

 

 

 

 

Template: Reporting a Police Officer to the IPCC for improper conduct

Contact your local police station and confirm name and rank of the officers who attended the scene with the bailiff. CC a copy to your MP.

Amend as required.

INDEPENDENT POLICE COMPLAINTS COMMISSION

Address line 1

Address line 2

Address line 3

POSTCODE

DATE

Dear Sir/Madam

Re: Complaint of improper conduct by Police Officers

 

I was visited by a certificated bailiff [NAME OF BAILIFF(S)] of [NAME OF BAILIFF FIRM] on [DATE] enforcing payment of a [PARKING TICKET/COUNCILTAX/OTHER DEBT] and I was defrauded by the bailiff in the meaning of Sections 1 to 5 of the Fraud Act 2006 in the presence of Officers [NAMES] at about [TIME] ON [DATE] at [ADDRESS OF CRIME SCENE] who allowed the crime to be committed before them and assisted the suspect to defraud me and make an unlawful gain for himself or another.

[The bailiff admitted charging me a [VAN FEE/CREDIT CARD FEE/ATTENDING TO REMOVE FEE ON 1ST VISIT/WALKING POSSESIONS FEE WITH AN INVALID LEVY/OTHER FEE DESCRIPTION SPECIFY] and the prescribed regulations do not provide for bailiffs to charge these fees. I make this complaint because understand it’s a criminal offence to defraud a person of money my making a false representation to obtain a money transfer for himself or another under Section 2 of the Fraud Act 2006 and any police officer should have been sufficiently vigilant and knowledgeable in criminal law to prevent a such crime being committed.]

[The bailiff charged me a credit card fee and Section 21(1) of the Consumer Credit Act 1974 requires the bailiff to hold a Category C Consumer Credit license to enable him to charge a fee for processing a regulated credit transaction between a borrower and a lender. The OFT consumer credit licensing public register says he is unlicensed and I understand unlicensed trading is an offence under Section 39(1) of the Act. In any event the law does not provide for bailiffs to charge fees that are not prescribed and I understand this is also an offence under Section 2 of the Fraud Act 2006 and any police officer should have been sufficiently vigilant and knowledgeable in criminal law to prevent a such crime being committed.]

[The officers said they could arrest me for not letting the bailiff into my property and I consider this action to be assisting an offender as it is not a criminal offence to deny a bailiff entry]

[The bailiff charged me interest and Section 21(1) of the Consumer Credit Act 1974 requires the bailiff to hold a Category A Consumer Credit license to enable him to trade in consumer credit. The OFT consumer credit licensing public register says he is unlicensed and I understand unlicensed trading is an offence under Section 39(1) of the Act. In any event the law does not provide for bailiffs to charge fees or interest of any description that are not prescribed and I understand this is also an offence under Section 2 of the Fraud Act 2006 and any police officer should have been sufficiently vigilant and knowledgeable in criminal law to prevent a such crime being committed.]

[The bailiff is trading in debt recovery and Section 21(1) of the Consumer Credit Act 1974 requires the bailiff to hold a Category E Consumer Credit license to enable him to lawfully trade in any form of debt recovery. The OFT consumer credit licensing public register says he is unlicensed and I understand unlicensed trading is an offence under Section 39(1) of the Act. In any event the law does not provide for bailiffs to charge fees that are not prescribed and I understand this is also an offence under Section 2 of the Fraud Act 2006 and any police officer should have been sufficiently vigilant and knowledgeable in criminal law to prevent a such crime being committed.]

[The bailiff had an invalid levy because he seized a motor vehicle belonging to a finance company and contended he could lawfully levy on the finance company’s goods in respect of my debt. I understand bailiffs cannot use the finance company’s goods as collateral for somebody else’s debt, and by doing so the bailiff is committing an offence under Section 2 of the Fraud Act 2006 and Section 12 of the Theft Act 1967. I showed the finance document with the vehicle registration mark and that final payment has not been made along with a copy of the warrant which is not in the finance company’s name.]

I reported [the vehicle stolen and asked the police to attend the bailiff's address and recover it and return it to its lawful owner/an offence under the Fraud Act 2006 and the Theft Act 1967/other law] to the police but they said [there is sufficient evidence to bring a prosecution/it was a civil matter/it does not fit the criteria to be considered for criminal prosecution/they could not get involved/other] and took no action. I again ask that the criminal element of this matter is fully investigated and advise me of the crime number.

I make this complaint because I am a victim of conduct I consider inappropriate by the police officers who were present when the crime was committed resulting in me being adversely affected. The police did not allow me to prevent a fraud taking place and therefore I make a complaint of assisting an offender. I understand that ignorance (or pretending ignorance) of the law is no defence in criminal proceedings.

 

Yours Faithfully

YOUR NAME

 

 

 

Template letter: Complaint against a Council to the LGO

Find the addresses of your local goverment ombudsman here

Amend as required

 

NAME OF OMBUDSMAN

The Local Government Ombudsman

Address 1

Address 1

Address 1

POSTCODE

[DATE]

Dear Sir/Madam

 

Re: Comlaint of misfeasance against [NAME OF] Council

 

I am making this complaint because [NAME OF] Council instructed a firm of bailiffs [NAME OF BAILIFFS] who visited me on [DATE] for collecting [an unpaid parking ticket/unpaid council tax/unpaid business rates/unpaid rent/other] of £[AMOUNT] but the bailiff charged me £[AMOUNT], however on closer inspection of the law that prescribed fees for cerrtificated bailiffs indicated I should only have been charged £[AMOUNT] and I have been defrauded of £[AMOUNT]. I have asked the Council to put things right but they failed to do so and I understand that case law has ruled an authority is liable for the actions of its bailifffs.

I have had an opportunity to seek advice and I now understand the law that sets prescribed fees for bailiffs is [COPY NAME OF LAW FROM LIST BELOW] and the bailiff is committing an offence under Sections 1 to 5 of the Fraud Act 2006 by defrauding me by making a false representation and misuse of his position to make an unlawful gain or money transfer for himself or another.

I appreciate the public are generally less-informed of the fee entitlements of bailiffs and Councils that instruct them, but given the nature of this complaint and that money was aquired from me under false pretenses afforded by the council have since fobbed me off with excuses, I ask this matter is put right by the Council and I am awarded a reaonable monetary compensation to offset for my time and resources in seeking Discovery of Information relating to this incident.

 

 

Yours Faithfully

 

YOUR NAME

CC The Council.

 

List of relevant legislation. If this letter is about:Council Tax Arrears, insert - Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992

[tonycee]

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

[huggy41]

sheraton print this out , keep it handy , you will need to read it to him as i dont think many of them can read. pi?? yourself laughing while he runs away.

 

can i see your cetificate please

It is important to note that it's the one the Judge personally signed . It will also be the one stamped with the court’s official seal. It will resemble an ID card, with the obvious exception that it is personally signed by the Judge and has the court seal.

you know the one that only last for just 2 years. the one that If you change employers or your personal details change during the 2 year period, you must surrender it and a new one will be provided to you with the necessary changes made.

:-D:-D:-D

i bet you can't read it all to him befor he off crying

Astonishingly, the majority of people have never been shown a Certificate; instead they are shown a simple Identity Card. This does not give him authority to levy on goods.

[sheraton01]

OMG this man has turned me into a gibbering wreck.

 

I am normally a competant, literate person who has dealt with complaints as part of my employment with a holiday company and now I cant even string a sentence together

 

I am trying to get my thoughts together (and understand the legislation involved - oh I am sooo confused) so that I cant write my complaint to the council.

 

As I see it the Bailiffs actions were improper because,

 

1, He barely flashed his ID card at husband.

 

2, Did not show any ID to me

 

3, Did not provide any paperwork dispite being asked to. No warrant of execution, no letter from the council, no nothing

 

4, Refused to supply his or his colleagues badge number

 

5, Absolutely no ID was provided for second bailiff, this is the one who clamped the car.

 

6, He then used undue force to try and gain entry to our property - namely forcing the door when he knew I was stood the other side of it. We have a photo of the black boot marks on the bottom of front door.

 

7, He was told by myself that they did not have right to enter as they had never been in our property before and did not have a WPO or a valid levy on any of our goods. This is when he barged against the door. Only levy they had was on a company car that we have not had for 12 months, they have been made aware on several occasions and proof provided.

 

8, He then decided to clamp our car, which they had allready blocked in with their van after we had allready offered to pay. As I see it this was just a way of further inflating his charges.

 

9, According to info received from some of the links I have kindly been provided - I may come under the vunerable status category as I am currently pregnant. I made the bailiff aware of this on several occasions and his only suggestion was they I went and sat down and left husband to hold door!!!!!

 

10, His actions were threatening, intimidating and aggressive.

 

I am really grateful for the help I have had so far. My husband has managed to get some extra work tonight so that we can get some money back in as the bailiffs cleaned us out but this in some senses has made situation worse as my children aged 8 & 6 are frightend to be in the house

 

They were an hour late getting to school due to this mornings troubles and since picking them up they have talked about nothing else. Is the bad man coming back, is he going to hurt you mummy (this is from my six year old daughter who was screaming with fright this morning), have we got any money for tea.

 

I am somewhere between distressed and down right fuming. HOW DARE THEY FRIGHTEN MY CHILDREN AND RISK THE HEALTH OF MY UNBORN CHILD. All for an alleged debt of £135 that ended up being £351.00.

 

Sorry to rant on

[huggy41]

if the bully comes back see if you can get his car / van reg.number ring the police tell them on the phone he is trying to break in and give them his car number try and make sure the bully heres you telling the police he will crap himself then have a good laugh

[sheraton01]

if the bully comes back see if you can get his car / van reg.number ring the police tell them on the phone he is trying to break in and give them his car number try and make sure the bully heres you telling the police he will crap himself then have a good laugh

 

Believe me the police are no threat to this man.

 

He wasnt in the slightest bit bothered when they came today but having said that the policeman in question was about as much use as a chocolate fireguard and even suggested that I let them in - yeh right.

 

The policeman also stood there watching the bailiff with his foot wedged through the door and made no effort to ask him to remove it. Depsite me saying that we had offered to pay him and that I had asked him to move away from the door given that I am pregnant and he was holdng his weight against it.

 

Told him that they had provided no paperwok, no warrant, no nothing and he said 'it is a civil matter, I am only here to prevent a breach of the peace'

 

Absolutely shocking really.

 

Told him I wouldnt bother ringing them if I was ever being burgeled as he would probably help lol.

[sweep1]

Worst Case I`ve heard of for some months this is,

 

From what you have said, I`ll assume the following is correct.

 

No Entry has EVER been gained into your current address or that of any other address where you may have lived during the duration of the liability order.

 

No Walking Possession Agreement has been signed in your house or within the boundrys of your property.

 

You have signed no other form of agreement with a bailiff company in regards to paying any arrears.

 

If all three apply, follow tonycee advice regarding the reporting of the police officer, specifically this

 

Criminal Law Act 1977 (c. 45)

 

6 Violence for securing entry

 

(1)Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—

 

(a)there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and

 

(b)the person using or threatening the violence knows that that is the case.

 

.........

 

Insist that the police follow this up as the bailiff has failed to show lawful reason for his actions. ie NO signed WPA (hence No valid levy)

 

Advice the council and Bailiff Company that you intend to commence legal action unless the complaint is dealt with.

Insist that the Bailiff Company provides you with details for the offending bailiff (Name,Which Court and when provided his Certificate), Do not allow either party to fob you off, if what you have said is correct, this bailiff is so far out of line, he needs to be dealt with by the court

[sheraton01]

Hi Sweep

 

No Jacobs Bailiff has ever been allowed entry to our property.

 

No WPA has been signed by either of us.

 

In approx Nov 2006 they stuffed documents through our letterbox pertaining to a Levy on a car that we did not own. This car was a company car and they have been advised of this many times.

 

We have signed no Bailiffs forms, we have communicated with them in writing and via telephone re the debt and prior to today had paid them I guess £1800 or thereabouts. Hardly proves us as refusing to pay.

 

Even the unhelpfull lady in council offices today said ' so they havent got a levy' to which I replied NO.

 

Edited to say - statement that we have dated 23/5/08 states charges as follows

 

9/11/06 visit fee 1 £22.50

15/11/06 levy fee £74.00

26/3/07 attendance/van fee £90.00

17/9/07 waiting fee £90.00

 

I have no idea what charges have been added since then other than we had to pay £351 today, of which was the original £135, £50 to unclamp car and I have no idea what the breakdown of the rest of it is.

Edited September 8, 2008 by sheraton01
more info

[sweep1]

OK,

 

Follow through the complaint with the police and insist on pressing charges for "violent entry"

 

The Bailiff has committed an arrestable offence aided and abetted by his friend (the doorman).

 

Police don`t know the various parts of bailiff law hence the "it`s a civil matter" approach.

 

As before advise the Council to deal with the complaint seeing as they were aware that no valid levy existed.

 

From what you have said so far, you have a number of legal options available to you now (The Council can also be jointly liable for the actions of any bailiffs they instruct).

 

Start with the complaint and don`t allow your self to be fobbed off by either party.

Once you file the complaint with the police, it`ll be up to the bailiff to prove that previous entry had been obtained and that a valid signed levy remains in force.

As for the doorman, no he does`nt have to be certificated or SIA registered to clamp a vehicle, he acts under the lead certificated bailiffs authority (provided that a certificated bailiff was present at the levy)

[scatz1972]

Hi

 

Im new!....But I had to reply, I was in a similar position to you a month or so ago, but then I found help via this forum and another. So please listen to these guys they are great. We was lucky enough to have the council agree to take the debt back (have you asked them?, we did have to go down there and speak to them face to face as they really didnt take any notice of our plight on the phone). Also we had charges applied to our account by the bailiff that were unfair, there is a list of legal bailiff charges that can be applied to a council tax account.

 

We decided to pay the bailiff fees in order for the council would take back the debt, this was done after much arguing. However, we have had the promise from our local councillor and now our MP that they will recover the illegal bailiff fees and investigate the bailiffs.

 

So please listen to these guys, plus talk to the council face to face, and write to your MP.

[sheraton01]

Sweep

 

Sorry for being thick here, should we continue with complaint to council and also immediatley press charges with police?

 

Council have asked that we take no action whilst they investigate our complaint.

 

The only reaon that I am worried about continuing with police/court action is that although this debt is now settled our council have now passed over our 2007/08 debt to Jacobs and I am very worried about repercussions from Jacobs.

 

Council have agreed to insist that Jacobs hold all action untill complaint is dealt with however after today's scenario I am not sure that we have much faith in the council believing us over them. The policeman certainly didnt.

 

Thank you sooo much for everyones advice so far. I am still really shaken up but it is some comfort to know that I was right today and they were most definatley in the wrong.

[sweep1]

Depends on how much faith you have in the council.

 

The Bailiff has committed a alleged criminal act (which you,your husband and a police officer were present at) of "violent entry" in pursuit of council tax recovery, recovery action which in turn has been contracted by your council to the bailiff company, how many other council tax defaulters has this bailiff performed the same action against?

 

Given the lateness of the day, speak to the council again, advise them of your revised complaint, your probably in a stronger position now to negogiate repayment of council tax arrears given the serious nature of the complaint.

 

Still seek details of the bailiff, whilst Bailiffs are a necessary but unwelcome part of society, all UK Citizens are subject to the law of the land

Edited September 8, 2008 by sweep1

[sheraton01]

Thank you for your response once again.

 

I have begun my extreemely long complaint letter to the council but even if it goes in my favour it still feels as though HE is getting away with it unless I take action against him personally.

 

I am giving serious consideration to persuing my complaint witth the police regardless of the action of the council. My MIL who was also witness to parts of this is willing to provide a statement that she found him intimidating etc.

 

H was such an arragont moron that I would take great pleasure in proving to him that I knew I was right. He laughling told the policeman that I thought I knew bailiff law better than he did, I might have been a little unsure but I have 100% faith in the info provided on here.

 

He also laughed with the policeman that he had to go around the corner for his next job 'did he want to hang around so that they wouldnt have to call them again'

 

24 hours later and I am still as angry!!!

[huggys boss]

Complain to the council, complain about the police officer and complain about the bailiff.

 

The way you and your family were treated was disgusting.

 

I think this site has had the same effect on you as it had on me. (when I found this site I was a panicing wreck). You sound a lot more positive today than you did yesterday.

 

Follow the advice you have been given and get them letters sent off.

 

I hope you and your family are all ok today.

 

Elaineh xxx

 

PS anger is better than fear

Edited September 9, 2008 by elaineh
added a ps

[Heathliver]

The council can not stand in the way of a criminal investigation or indeed attempt to pervert the making of a complaint about a crimonal act. This is perverting the course of justice and is a criminal act in its own right.

 

You must go ahead with your complaint to the police and get this bailiff investigated for his behaviour. Ask to see the issued guidence to the officers from the Chiel Constable. All forces have this in place for dealing with bailiffs and high court enforcement officers.

[tonycee]

Council have asked that we take no action whilst they investigate our complaint.

 

Then in order to keep things sweet, you should at least give them this opportunity.

You can always proceed in the near future.

Do keep documentation, and perhaps a diary, of all events to date.

Seek the information of attending officers from the police.

 

Council have agreed to insist that Jacobs hold all action untill complaint is dealt with however after today's scenario I am not sure that we have much faith in the council believing us over them. The policeman certainly didnt.

 

They have the power to call off " the hounds "

Do ask for confirmation of this in writing, even by Email so you can print off a copy.

 

 

HAVE FAITH IN YOURSELF.

[sheraton01]

Thank you everyone

 

I am feeling more positive today - although still a little unsure of which way to proceed. I just cannot face accepting the idea that even if the council/Jacobs accept my complaint this still does not mean that he will be held accountable for his actions.

 

My complaint letter is now 5 pages long lol and along with that I will be sending a statement of complaint numerically listing my concerns such as no previous access to our property, peaceful entry was denied, violent entry, no WPA, refusal to provide documents, refusal to provide ID, my possible vunerable status. I will also be sending a copy of my letter originally disputing the amount, a copy of yesterdays receipt which says nothing other than how much we have paid (this document has today's date on it), a photograph of the marks on our front door/skirting board.

 

Hehehehe this will teach Mr Recoveries man to say that he doesnt mind how long/comprehensive my complaint letter is.

 

I will also be calling the police this afternoon to check on the procedure for pressing charges. I would (I think) like to make an official statement whilst the events are fresh in my mind but not have them actually investigate further at the moment if this is possible?

 

I dont want to sit back and wait for the council only to then find that it is too late to proceed through legal channels such as police.

 

Cheers

 

Sheraton

[huggy41]

shehraton have a look at this it's old but still nice to see.

[sheraton01]

shehraton have a look at this it's old but still nice to see.

 

Dont you just love them. My husband wanted to take pictures of the yesterday and I wouldnt let him

 

Also gave me another idea to include on my 'list'

 

misrepresenting his powers - bailiff told me that if he left empty handed then he would return within 7 days with a warrant for my arrest.

 

This was despite my offering him payment and advising him of my pregnancy.

 

AARRRGGG will be a 10 page complaint at this rate.