Bailiff complaint

[igloo]

Is there any point in complaining about the actions of a particular bailiff that visited me yesterday? Two of them came at 6 in the morning and when I opened the door told me they had clamped my car for a parking ticket incurred by my son when he owned the car a year ago. I said it was my car and the main guy said it is an offence to sell the car when you have been notified of a CCJ. He asked to see the registration, my insurance and a bill of sale. I gave him the VRD and he said I had obviously owned the car when the offence was incurred and as I had told the council my son was driving I was in trouble for fraud. I have to say here that every time I opened my mouth to speak these two cut me off mid sentence. Added to which I was very tired and really didn't know what they were talking about. It was dark and I couldn't read anything The main guy was very sarcastic and aggressive. I said I would pay the fee anyway and he did reduce it but then I found I didn't have enough money and he got really annoyed. Anyway we came to some arrangement and they left taking the clamp off. I finally found my glasses and read the VRD and realised that the bailiff had looked at the line saying when my son acquired the car a year earlier and thought that was when I acquired it. My son, fed up with parking tickets and living in London had given me back the car. Soon after re-registering it (actually about 7 weeks later) I got a parking ticket addressed to me. I informed the council that it had been issued before I acquired the vehicle. They asked for the VRD and I personally heard no more. I did tell my son who by that time was abroad. I was kind of worn down by Mr. mean guy's attempts to tell me I was in really big trouble compared to which a parking fine was going to be a very small deal and with all his accusations my head was reeling. In all this are there any actual facts worth complaining to the court about or am I just being super sensitive?

[letsmakeamark]

Can you name the company ?

[igloo]

Davies Enforcement

[letsmakeamark]

Is it andrew davies ?

[igloo]

No. He signed himself "M. Tuffy".

[chris600uk]

Is there any point in complaining about the actions of a particular bailiff that visited me yesterday?

 

Yes.

 

He asked to see the registration, my insurance and a bill of sale. I gave him the VRD and he said I had obviously owned the car when the offence was incurred

 

But you obviously didn't.

 

Anyway we came to some arrangement and they left taking the clamp off.

 

What arrangement was that then?

 

In all this are there any actual facts worth complaining to the court about or am I just being super sensitive?

 

Well I'd start with - ITS NOT YOUR DEBT! So treat it as such.

[igloo]

Thanks, Chris, for your reply. Most grateful and I will get on with it.

 

The payment arrangement (in order to get the clamp off) was that I signed a cc slip for him to put in on Friday when I get paid. I know I must sound pathetic but I didn't know whether I was coming or going and in fact I think I was sleepwalking. Will post the outcome.

[chris600uk]

igloo you don't sound pathetic - you were the other half of a well known psychological effect documented by Stanley Milgram.

 

Basically we are conditioned from early childhood to obey authority figures - so if a bailiff acts as if he has authority, he's got a good chance of getting exactly what he wants, even though you and he both know it's wrong.

 

1st year psychology students sometimes get on buses and trains with clipboards asking people to open their bags for a security check - most people comply.

 

Even when you're expecting the bailiffs and are prepared for them, it's still stressful.

 

But if you are in the right and know what to say; you should reverse the role treating him/her like a naughty child - the bailiff first gets angry at this unwelcome challenge to his authority, then frustrated because he can't get it back, and finally backs away in case you actually manage to carry out your threat and take away his best toy (the certificate).

 

It's simple really, just not simple to do when they're in front of you.

 

But you can do it - you just need to get organised.

Edited October 22, 2008 by chris600uk
missing words and spelling

[tomtubby]

IMMEDIATELY CANCEL this payment with your bank. This is an utter DISGRACE and Davies Enforcement will KNOW it.

 

Just to be sure, can you telephone the Traffic Enforcement Centre on 08457 045 007 and ask them to confirm the date of the Warrant and also the NAME on the warrant of execution. You will need the PCN number for this.

 

You certainly have grounds to file an formal complaint on a Form 4. I would suggest informing Davies this morning that you have informed your bank to cancel this payment instruction and that you will be looking to make a complaint.

 

I am against putting the name of a bailiff on this site but as you have already provide it, then I will search our database to let you know which court you need to send a complaint to.

[tomtubby]

It is Croydon County Court.

[igloo]

Thank you very much Tomtubby and Chris for your messages.

 

Tomtubby: I have only just caught up with your message and I will cancel in the morning. I assume the name on the warrrant is that of my son because that is who they came looking for but I will check anyway. What does the date matter? Should it come after I bought the car? I never get tickets because I practically never drive anywhere.

 

Sorry about the bailiff's name. I did kind of wonder and then my feelings of revenge got the better of me.

[chris600uk]

There may be a minimum number of days that must pass before a visit takes place etc. That could make the date quite important.

[igloo]

Okay. Thanks a million. Grateful for the information and the speed of your response.

[tomtubby]

Thank you Chris. In addition the Warrant has a "life" of just 12 months.

[igloo]

Checked the warrant name and date this morning. Date was mid-January. Asked at the bank but they said they couldn't stop it. They suggested reporting the card as lost but if that doesn't work I will have to take it up with Visa. So I will fill in the form and see what the rest of the day brings.

[igloo]

An update to say that reporting the bank card lost appeared to work as balance was not taken from the account. I have now had the bailiff's reply to my complaint. I suppose predictably he lied saying I was unable to offer any documentation in support of the claim that the car was mine (in spite of the fact he had insisted on seeing the insurance and vrd) and that I had offered to pay. Also of course that he had acted in a thoroughly professional and courteous manner. I can't let it pass in spite of not having paid the whole thing and so will send copies of the documentation to court and reiterate my side of the story.

[ambershadow]

An update to say that reporting the bank card lost appeared to work as balance was not taken from the account. I have now had the bailiff's reply to my complaint. I suppose predictably he lied saying I was unable to offer any documentation in support of the claim that the car was mine (in spite of the fact he had insisted on seeing the insurance and vrd) and that I had offered to pay. Also of course that he had acted in a thoroughly professional and courteous manner. I can't let it pass in spite of not having paid the whole thing and so will send copies of the documentation to court and reiterate my side of the story.

 

 

I aslo had this where they said to me the documents dont matter we can take the car anyway......... and they had clamped before knocking on my door too

 

Something has to be done about these

Edited December 14, 2008 by ambershadow

[igloo]

Ditto, ambershadow. In their defense letter they say that at no time did anyone point out to them that the vehicle had changed hands prior to them distraining upon it. However I was fast asleep while they busy distraining upon it at 5.30 in the morning.

[ambershadow]

That's about right too