Assaulted

[greyhond123]

Hi all,

 

yesterday 16/09/2008 i was writing estimates for work purposes when my wife shouted me saying a coloured man was kicking our dog, i looked in the window and saw a man walking aggresively towards my back door so i ran to the door to confront him, he was about 6 foot away from my door and i asked who he was, but got no reply, he grabbed me and caught me in the shin with a kick i also had a hold of him too.

 

He then forced me back into the house and said "you know who we are" i had no clue who he was but his face was familiar and i thought that i have seen him before, as he and i were grappling he had his face into my face and said "rossendale bailiffs" i instantly reccognised him then.

 

i asked him to get out and he said "no way im going without money today and your van, do you want me to take your van".

 

i called the police and they came, i ended up paying them £500.00

 

my wife, daughter and 2 grandchildren were horrified at the ordeal we went through, but while the police were there he was very quiet and butter wouldnt melt in his mouth, he had an accomplice with him and she turned up out of nowhere, white/blond hair she had and he was a big lad and dark skinned, obviously there for intimidating people.

 

"ROSSENDALE" anyone else had trouble with them and what can i do, we want to leave our home as it does not feel like a home anymore.

[surfaceagentx20]

So there's you, your wife and your daughter who all witnessed the attack on you in some shape or form. Certainly your wife can say she saw the man kick the dog and hopefully a lot more besides. Three witnesses I am sure of unblemished character. Plus, there will be an incident report to the police and some record or other of at least one of the police officers.

 

There may be a mark on your leg. If there is, have it photographed by a 4th witness and get your leg off to your GP so he can record seeing it too.

 

Press the availability of this evidence on the police. Demand they prosecute the thug and report him to whichever court empowered him. If you could say what his legitimate business may have been that may be helpful in targeting thids type of complaint.

 

Then fire off a letter claiming damages from Rossendales for the injury and aggravated damages for his high-handedness. Make them wince. They make me mad.

 

x20

[FairPlay77]

Hi all,

 

yesterday 16/09/2008 i was writing estimates for work purposes when my wife shouted me saying a coloured man was kicking our dog, i looked in the window and saw a man walking aggresively towards my back door so i ran to the door to confront him, he was about 6 foot away from my door and i asked who he was, but got no reply, he grabbed me and caught me in the shin with a kick i also had a hold of him too.

 

He then forced me back into the house and said "you know who we are" i had no clue who he was but his face was familiar and i thought that i have seen him before, as he and i were grappling he had his face into my face and said "rossendale bailiffs" i instantly reccognised him then.

 

i asked him to get out and he said "no way im going without money today and your van, do you want me to take your van".

 

i called the police and they came, i ended up paying them £500.00

 

my wife, daughter and 2 grandchildren were horrified at the ordeal we went through, but while the police were there he was very quiet and butter wouldnt melt in his mouth, he had an accomplice with him and she turned up out of nowhere, white/blond hair she had and he was a big lad and dark skinned, obviously there for intimidating people.

 

"ROSSENDALE" anyone else had trouble with them and what can i do, we want to leave our home as it does not feel like a home anymore.

 

You have GOT to pursue this matter! Report this man to the police and DON'T let them fob you off. GET A CRIME NUMBER from them and make them take a statement.

 

Also, you must write a very strongly worded letter to the bailiffs and to whoever it was who let these animalls out of their cage in the first place.

 

Also make sure that the bailiffs haven't overcharged you. There are prescribed fees and if they have charge you too much, file a second complaint to the police asking that they be charged with fraud.

 

What was the debt for? Had the bailiffs ever been into your home before and have you ever signed a Walking Possession Order.

 

Pursue this matter tenanciously. The bailiff who assaulted you needs to be sent to jail.

[greyhond123]

thanks guys,

the debt is for council tax, i think my wife let an elderly bailiff in around 2mths ago and she signed something but he had only put down the kitchen table, microwave oven, portable television, toaster, and did not go to any other room only kitchen, the bill then was £180

[FairPlay77]

thanks guys,

the debt is for council tax, i think my wife let an elderly bailiff in around 2mths ago and she signed something but he had only put down the kitchen table, microwave oven, portable television, toaster, and did not go to any other room only kitchen, the bill then was £180

 

THE problem here is that they were previously let into your home and your wife signed something, presumably a Walking Possession Order. That means that, in law, they can return, enter your premises and take (i.e. legally steal) whatever is listed on the WPO. But, please note, ONLY the items so listed.

 

However, as you were assaulted, you can still go ahead with your complaint and it is important that you do so.

 

You should instruct the bailiff company to send you a break-down of their so-called fees. Send your letter by recorded delivery and pester them until you get the figures you require. Then, when you have found out by how much they have overcharged you, report them to the police for fraud, on top of your other complaint for assault, which I hope you will pursue.

 

If you need further help, come back to this site.

 

For the benefit of anybody else reading this: this is an example of what can happen if you let the bailiffs into your premises. NEVER let them in and NEVER sign anything! If they cannot gain access and have no Walking Possession Order, they cannot return and break in as happened in this case.

[greyhond123]

Thank you fairplay77 i have made a complaint to the police in regards to the assault and showed the police the injury caused to my leg where the bailiff kicked me, the police officer told me he would check the 999 call to see what was said and would come to my home to talk, but no site of police as of yet.

[greyhond123]

I have spoken to the bailiff's office today to get a breakdown of costs, he said this:

client debt and costs outstanding...£757.77

first visit....£22.50

decond visit....£16.50

levy fee....£46.00

van costs...£170.00

total....£1012.77

[greyhond123]

I have written to the bailiff's company (rossendales), and they sent me a reply stating that they have interviewd the bailiff and that his word is good, i also sent a copy to the local council and they replied, that they have investigated the complaint and that the bailiff was lawfully in his right.

 

The police have said that they will interview him (recorded) under PACE, and will let me know what the cps will do.

 

Looks like the bailiffs are allowd to assault you and force entry, i dont know what to believe now.

[greyhond123]

well its obvious no one knows bailiff laws,

 

THIS THREAD SHOULD BE REMOVED AS THE BAILIFFS ARE ALLOWD TO ASSAULT YOU, BREAK DOWN YOUR DOOR, PUSH YOU AND TREAT YOU LIKE A DOG, YOUR HOME IS NOT YOUR HOME ONCE YOU MISS COUNCIL TAX PAYMENTS, IN FACT THE GOVERMENT CAN DO WHAT THEY LIKE, IF YOU ASSAULT A BAILIFF YOUR DONE, IF A BAILIFF ASSAULTS YOU THEN THERE IS NO EVIDENCE, COUNCILS ARE GOVERMENT, POLICE ARE GOVERMENT AND YOU CANNOT DO NOTHING AGAINST THEM OR YOU PAY THE PRICE.

 

WATCH OUT PEOPLE THE BAILIFFS ARE COMING FOR THE GOVERMENTS MONEY, COUNCIL TAX,,INLAND REVENUE TAX,, CAR TAX,, THE UK IS A FREE COUNTRY,, OH NO ITS NOT THEY JUST MAKE YOU BELIEVE THAT.

 

COUNCIL TAX IS FOR FUNDING PUBLIC SERVICES, POLICE,, SKIPS OUTSIDE YOUR STREET, NO ITS NOT BUT IT WAS TO BEGIN WITH, NOT ANYMORE,

[greyhond123]

well its now 22 january 2009, i have reported this incident to police and they have taken statement from me, the police have been trying to speak to the bailliffs but they have been avoiding the police.

 

i eventually was told by the police that the baillif in question did not work for rossendale (this is what rossendale have told the police) but worked for the lady bailliff, she did not know who this male was and did not have contact number nor did she know where he lived.

 

now the police know who he is and where he lives but to my knowledge nothing has been done as of today, something fishy here, its been this long and nothing is being done as far as i can see, the police keep telling me they are investigating but no details.

 

this is ongoing since i started this thread, any advise.

[palomino]

'Police investigations' means hoping you will get tired of waiting for them to do something and give up.

 

In all probability they have assessed this as having little chance of success in a court case and have put the whole affair in the big bucket labelled 'Things we can do when we get around to it'.

[chris600uk]

"ROSSENDALE" anyone else had trouble with them and what can i do, we want to leave our home as it does not feel like a home anymore.

 

It's very sad, but, now you must take the precautions you could have taken as soon as you knew bailiffs were involved.

 

Go round your house and make a list of everything the bailiffs could possibly levy upon when they decide to return, make it a good list, put the effort in.

 

Then find a trusted friend or family member who will buy them off you for a peppercorn sum and "lend them to you for a short time while they're sorting out storage". They must sign a receipt and be prepared to claim their goods off the bailiffs in the event of an unlawful seizure. ie seizing property that they have been notified does NOT belong to the debtor.

 

A statutory declaration from you witnessed by a solicitor would add weight to it.

 

Then you write to R's with copies of the stat dec and telling them that you have been so traumatised by the thuggish behaviour of their bailiffs that you have now sold your possessions and there is now no longer anything in your property that they can levy upon and therefore nothing they can seize, apart from the items that have already been listed upon a previous walking possession agreement.

 

Fraid you'll have to transfer ownership of your van too, I know it's a tool of your trade, but unless it's signwritten like mine was you may have a bit of hassle there.

 

Anyway, that's what I would do if I found myself in your position.

[ambershadow]

OMG

 

So now I am not alone I too was assulted But Police said nothing Mine wasn't as severe as you But still assulted.

 

I am very sorry to read this and I hope you get sorted.

 

It was also Different Bailiffs !! what gives them the right to do this

[chris600uk]

I think they can, but the certificated bailiff is supposed to be responsible for their actions.

[tomtubby]

I have come across so many cases like this that unless something is done quickly we are going to have a very serious situation indeed.

 

Firstly, had the bailiff ever gained previous "peaceful entry" into your home?

 

Second. Did you get a receipt and who signed the receipt? This is important as ONLY a certificated bailiff can enforce a Liability Order.

 

The third and most important point is that when a Local Authority contracts out work to a private sector bailiff company, it should be remembered that the bailiff is working on behalf of the authority and that local authority cannot simply abdicate responsibility for the actions of the contractors as ultimately, it is the responsibility of the local authority to ensure that the levy is carried out in a lawful manner and that the fees charges are in accordance with Statutory Regulation.

You must ensure that this is taken up with the local authority as a matter of urgency and inform them as well that unless this is immediately addressed that you will be writing to the Local Government Ombudsman.

[chris600uk]

So is the bailiff allowed to employ a heavy, sorry assistant, to carry out the levy?

[greyhond123]

well its been just over 6 mths now since i was assaulted by the bailiff, the police have been dealing with this since i reported the assault.

 

on thursday 26 of march 09 the police called me to say that they have interviewd the bailiff who has been avoiding the police (thats what the police say) and that there is no evidence to carry on with.

 

the police have spoken to the lady bailiff and also the man who assaulted me, the police have not spoken to my wife, daughters (2) and my son who all witnessed the assault and were all shaken by this.

 

the officer dealing with the case was not contacting me at all until i contacted them for updates, the officer would then contact me a few days later saying that there was no progress yet.

 

after 6mnths elapsed the officer contacted me and said there was no evidence to carry on and the matter has now been dropped.

 

after speaking to the sgt at the station he slipped up and said that it was common assault and that after 6mnths has elapsed the case would be dropped, can you see what has happened here with the police, it looks like the police have diliberetaly waited for the 6mnths to elapse before telling me that its all been dropped due to no evidence, the police have not spoken to my witnesses at all.

 

crooked police work.

[chris600uk]

I would consider making a complaint to the Chief Constable, it may not solve the problem, but it might give you some satisfaction.

[letsmakeamark]

It's very sad, but, now you must take the precautions you could have taken as soon as you knew bailiffs were involved.

 

Go round your house and make a list of everything the bailiffs could possibly levy upon when they decide to return, make it a good list, put the effort in.

 

Then find a trusted friend or family member who will buy them off you for a peppercorn sum and "lend them to you for a short time while they're sorting out storage". They must sign a receipt and be prepared to claim their goods off the bailiffs in the event of an unlawful seizure. ie seizing property that they have been notified does NOT belong to the debtor.

 

A statutory declaration from you witnessed by a solicitor would add weight to it.

 

Then you write to R's with copies of the stat dec and telling them that you have been so traumatised by the thuggish behaviour of their bailiffs that you have now sold your possessions and there is now no longer anything in your property that they can levy upon and therefore nothing they can seize, apart from the items that have already been listed upon a previous walking possession agreement.

 

Fraid you'll have to transfer ownership of your van too, I know it's a tool of your trade, but unless it's signwritten like mine was you may have a bit of hassle there.

 

Anyway, that's what I would do if I found myself in your position.

The bailiffs will sieze anything they can including signed vehicles. They are so desparate only had one wait for 4 hours outside a house to collect money in cash.

[FairPlay77]

well its been just over 6 mths now since i was assaulted by the bailiff, the police have been dealing with this since i reported the assault.

 

on thursday 26 of march 09 the police called me to say that they have interviewd the bailiff who has been avoiding the police (thats what the police say) and that there is no evidence to carry on with.

 

the police have spoken to the lady bailiff and also the man who assaulted me, the police have not spoken to my wife, daughters (2) and my son who all witnessed the assault and were all shaken by this.

 

the officer dealing with the case was not contacting me at all until i contacted them for updates, the officer would then contact me a few days later saying that there was no progress yet.

 

after 6mnths elapsed the officer contacted me and said there was no evidence to carry on and the matter has now been dropped.

 

after speaking to the sgt at the station he slipped up and said that it was common assault and that after 6mnths has elapsed the case would be dropped, can you see what has happened here with the police, it looks like the police have diliberetaly waited for the 6mnths to elapse before telling me that its all been dropped due to no evidence, the police have not spoken to my witnesses at all.

 

crooked police work.

 

WELL the police might think the case is closed, but that is certainly not the case if you want to take it further, which without doubt you should, because the animal who assaulted you has still not been caged and, if he gets away with it, will probably do it again to upteen other people, if he hasn't already. Please be strong and FIGHT ON.

 

I suggest the following:

 

1. Complain to the Chief Constable, as someone else has suggested. Do so by recorded delivery and keep a copy of the letter. Tell him that what happened to you was ACTUAL BODILY HARM, not common assaut (as the police sergeant wrongly said), which is a much more serious crime, and point out that your other family members were not interviewed (clearly something the police should have done).

 

2. If you have not received a satisfactory reply within 14 days maximum, write to him again, enclosing a copy of the origninal letter, and give him a further 7 days to reply, informing him that if the investigation is not re-opened you will take the matter to the INDEPENDENT POLICE COMPLAINTS AUTHORITY (IPCA).

 

3. If after the 7-day limit, he has not replied satisfactoriy, file a complaint to the IPCA, insisting that they investigate the way the case has been mishandled, especially the suspicious manner in which the police apparently did nothing for six months. Also, point out that what happened to you was ACTUAL BODILY HARM (ABH), wrongly described by the police as a common asssault.

 

4. There are other options open to you which you might care to take later, such as a CIVIL ACTION against the man who assaulted you, but complain to the police (and if necessary the IPCC )first. You can also use THE LOCAL MEDIA to put pressure on the police.

 

There is so much to do and YOU CAN WIN if you have the strength to fight on. So please be strong, STAND UP FOR YOURSELF AND YOU RIGHTS and NEVER GIVE UP until the low-life that caused you all this trouble is locked up.

[Markiemark1]

OK, firstly ONLY the Certificated Bailiff can levy etc. She is the one with the authority to enter and although can enter using force this does not resort to kicking etc etc. He has no authority. As well as continuing with the above in respect of the police, why not put in a Form 4 complaint about the bailiff (the woman) and let her answer for the actions she has taken to the Circuit Judge. Do you have her name?

 

Mark

[Markiemark1]

I need to make the last post clear - the bailiff can enter using force because there is an existing Walking Possession Agreement.

 

Sorry, don't want to give the wrong impression.

 

Mark

[fwog]

Thats disgusting:mad:.

I'd call it aggravated assault, if you have any medical evidence, show this to the police.

I would like to see that fool try it at my house.

Persue it to the fullest,make a stink,this guy hasnt the right to carry out the work of the council if hes not authorised to do so, it like walking up someone's drive and demanding monies with menaces,dont let up till you get some sort of result!

If this is allowed to go on, it wont be long before a bailiff winds up dead, mistaken for a burglar.

 

No ID,no entry!

[greyhond123]

seeing police today after reprting to police profesional standards, now i can see exactly how the investigation was conducted.

[hallowitch]

a bailiff re entering your property to remove goods where there is a walking possession agreement must inform you in writing to let you know what day they are coming to remove your goods

did you receive a letter

 

 

There have been changes wrought by case law and also by amendments to the

Distress for rent Rules 1988 and Council Tax (Administration & Enforcement)

Regulations 1993 as follows.

p5 Forcing re-entry

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed.