Bailiffs and Enforcement with police a Horror Story

[noddyaccount]

Thank You so much Noddyaccount.

I am in the process to do all of what you think could be done. As usual I do not trust the court system here. I have had some real bad experience where I lost despite clear evidence. You can of course appeal, but, when in trouble there comes a point when the money runs out and you lose because you are not wealthy enough.

 

As to the hecklers, they are not important and rather typical for a scewed and corrupt system. Ex bailiff?? what normal individual would take on a job like that?? You must have a basic flaw somewhere to be able to live with yourself, doing nothing else than destroying human life. Normal people look for opportunities to move the society and people forward, to improve yours and others life NOT DESTROYING IT. But then the nazi camp guards who were shovelling bodies in to the crematorium ovens also claimed they were normal people only doing their job. We live in a hopefully free society and have all the options to select what we do even if we cannot always do exactly what we would prefer, hence, bailiff is something you choose to do, why, you choose a way to live and act.

 

To be fair Gk is an ex-bailiff and I have seen some very helpful postings from him in the past , perhaps if you could bury the hatchet , not in one anothers heads , he could provide some very helpful insights .

Once I worked as a clerk for a criminal defence law firm and I did distinguish between the two types of bailiffs , court bailliffs , usually ex-coppers who were in my experience reasonsable people on a wage who had some integrity , especially if you talked to them on the level , i.e if, and it wouldn't have been one of them , had been told about the stat dec they would have gone away.

The ones you have encountered are freelance bully boys on a commission ,car clampers who have taken a course entirely without scruples or morality they are driven by greed , they are not "obeying orders ' they are Fascitic i would agree but they lurk in the grey areas of the law and society . since you have brought up the nazis , I saw the other day 5 million people have died in the congo in a civil war over coltan the mineral used to light up mobile phones , so we are all complicit in our own way .

Now back to the problem , don't get mad get even , the court system worked for me it was quite easy they were blatantly in the wrong and they knew it , bullies are usually cowards

Did you get an incident /crime no. off the coppers , very useful evidence ? p.s It only cost £30 in the small claims court , I got that back with my costs for the work say £9.25 an hour plus phone calls , parking , paper etc. etc.

Edited May 15, 2009 by noddyaccount
add on

[FairPlay77]

Hi Guys,

 

Today I have had one of those experiences you really do not want to have. At 9.0 o'clock in the morning I received a ''letter'' or notice from Marstons stating that they were coming to enforce the collection of my wifes unpaid traffic penalty. A parking ticket that was incurred by a friend who used the car and parked on a red line incurring a £100.00 fine, now having increased to £612.28. We had already made a statutory declaration about the fine and informed the authority who the driver was and were he lived as well and further requested a screenflash for a cost breakdown, something we never received. We were still waiting for Marstons to reply, why I got really p....d off and phoned the bailiff up to discuss the matter. The discussion got a bit heated and when the bailiff told me he would force his way in I said that ''as you have no right to force your way in to enforce a parking ticket I will blow your effing head off if you try''. Man, one hour later the bailiff turned up with police (3 of them) and knocked on my door. I opened as I did not see the bailiff, only the police and as I opened the door the bailiff stuck his foot in and had got entry. They left 15 minitues ago after some serious verbal exchange, but, to my great dismay I had to pay or the bailiff would have taken goods from my house.

 

The issue is now, why on earth is the police getting involved??? The policemen told me that they were called by the bailiff to ensure the peace and/or arrest me for having said I would blow the poor bailiffs head off, an illegal threat??? However, the police were ok and did not do or say anything wrong, but, it is still scary that they get involved and are used by the bailiff to gain entry, anyone would open the door when they see the police and thereby ensure entry for the bailiff. The way they enforce the entry and the circus around it is outrageous, just imagine to have your house surrounded by police, dogs and ALMOST armed response team for a PARKING TICKET. Something got to be done and I need help to start some form of action against this.

 

THERE is a lesson here. NEVER THREATEN ANYONE WITH VIOLENCE, not even a bailiff. You gave him the excuse that he wanted and put yourself on the wrong side of the law.

 

This may sound harsh, and I sympathize with you over the disgraceful way you have been treated by the bailiffs, but if you want to win you must keep your head!

[steven4064]

Guys

 

Please keep this thread focused on the issues. If it descends into name-calling or offensive comments I will close it.

 

Strike 1.

[gustavius rex]

Sorry if what I have said is construed as name calling. It was never my intent and l unreservedly apologize to anyone who feels offended. I have no hatchet to bury and what l have said was only ment to be seen in general terms. I am grateful to those of you who have tried to give me useful advice and l can assure everyone that l am most certainly going to proceed to ''get even''. I have obviously not expressed myself very well as some of you feel that l do not see my own mistake. Do not worry, l am very well and to my own cost, aware of my shortcomings. No excuses only plain anger and overreaction.

 

Regarding human beings dying and suffering in Congo, rest assured I know. I lived in Africa, I am married and have been married for 30 years to the same African and l have seen the robbery, enslavement and killing for profit and western greed. There is a lot to say about the way we live and treat others, but, as long as we carry on and live as we do, there will be no change. I have relatives who are still living in Africa and are suffering to a degree that make my own problems insignificant, why, my heart cries out, but, there is very little short of a world revolution that will change the current circumstances.

 

Once again, I am not trying to resort to name calling and what l meant was only to say that we all live and choose to live in accordance with or values. My opinion is that there are certain ''professions'' that few normal people would even concider to take on and that you must have a certain ability to withstand or block out human feelings to be able to do. Enough said and l do not whish to insult anyone. Henceforth l shall stick to the issues only and absorb comments whatever they are.

 

Sorry Keepertopoacher, l suppose it was the semantics and that l'm still a bit uptight, hence, the superfluos comments.

[noddyaccount]

Hi Guys,

 

Today I have had one of those experiences you really do not want to have. At 9.0 o'clock in the morning I received a ''letter'' or notice from Marstons stating that they were coming to enforce the collection of my wifes unpaid traffic penalty. A parking ticket that was incurred by a friend who used the car and parked on a red line incurring a £100.00 fine, now having increased to £612.28. We had already made a statutory declaration about the fine and informed the authority who the driver was and were he lived as well and further requested a screenflash for a cost breakdown, something we never received. We were still waiting for Marstons to reply, why I got really p....d off and phoned the bailiff up to discuss the matter. The discussion got a bit heated and when the bailiff told me he would force his way in I said that ''as you have no right to force your way in to enforce a parking ticket I will blow your effing head off if you try''. Man, one hour later the bailiff turned up with police (3 of them) and knocked on my door. I opened as I did not see the bailiff, only the police and as I opened the door the bailiff stuck his foot in and had got entry. They left 15 minitues ago after some serious verbal exchange, but, to my great dismay I had to pay or the bailiff would have taken goods from my house.

 

The issue is now, why on earth is the police getting involved??? The policemen told me that they were called by the bailiff to ensure the peace and/or arrest me for having said I would blow the poor bailiffs head off, an illegal threat??? However, the police were ok and did not do or say anything wrong, but, it is still scary that they get involved and are used by the bailiff to gain entry, anyone would open the door when they see the police and thereby ensure entry for the bailiff. The way they enforce the entry and the circus around it is outrageous, just imagine to have your house surrounded by police, dogs and ALMOST armed response team for a PARKING TICKET. Something got to be done and I need help to start some form of action against this.

 

Right lets break down the facts;

The fine itself is probably valid , and the council are in their rights to pursue the registered keeper , your wife , for the penalty , that's not fair but that's how they play .You may be able to get it back to the council and appeal it , but if its got to the baillifs thats not easy , and is dependant on some sort of procedural error e.g that you did not receive any previous paperwork . they will want to know why you did not appeal it in time . if you can get your friend to swear an affadavit that he was the driver at the time , might put it into some sort of legal limbo. Alternatively get the fine money from your friend and take on the baillifs for the charges . We could get into a discussion here that parking tickets etc are not legal at all as they breach the fines and forfeitures clause of the 1689 Bill of Rights , but thats another story .

In the meantime make an unemotional note of all that has occurred , keep all paperwork name and phone no. of the bailliff , police report and I will try to dig out my paperwork of how exactly I did it , rgds Jacobus rex

[gustavius rex]

Right on Jacobus,

never mind the friend, have already discussed the matter with him and no will do.

I want to get to the bailiff as l know that l will never win the battle for the ticket itself. l do not want to enter a war where l know l will loose.

Thank you so much for your help.

Gustavius

[tomtubby]

Hi Guys,

 

Today I have had one of those experiences you really do not want to have. At 9.0 o'clock in the morning I received a ''letter'' or notice from Marstons stating that they were coming to enforce the collection of my wifes unpaid traffic penalty. A parking ticket that was incurred by a friend who used the car and parked on a red line incurring a £100.00 fine, now having increased to £612.28. We had already made a statutory declaration about the fine and informed the authority who the driver was and were he lived as well and further requested a screenflash for a cost breakdown, something we never received. We were still waiting for Marstons to reply, why I got really p....d off and phoned the bailiff up to discuss the matter.

 

You say that you filed a Statutory Declaration. Do you mean an Out of Time late Statutory Declaration. If so, was this rejected and if yes, did you appeal by way of an N244?

 

You wrote to Marstons to query this but your query should be with the local authority. Have you written to them?

 

The fees charged by the bailiff are WRONG and I am very surprised that this bailiff has charged this WITHOUT so much as clamping or removing a vehicle.

 

You can indeed make a Form 4 Complaint about the bailiff but in the first instance you need to request a copy of the Screen Shot of your account.

 

Can I ask which part of the country that you are in ?

[GamekeeperToPoacher]

Sorry if what I have said is construed as name calling. It was never my intent and l unreservedly apologize to anyone who feels offended. I have no hatchet to bury and what l have said was only ment to be seen in general terms. I am grateful to those of you who have tried to give me useful advice and l can assure everyone that l am most certainly going to proceed to ''get even''. I have obviously not expressed myself very well as some of you feel that l do not see my own mistake. Do not worry, l am very well and to my own cost, aware of my shortcomings. No excuses only plain anger and overreaction.

 

Regarding human beings dying and suffering in Congo, rest assured I know. I lived in Africa, I am married and have been married for 30 years to the same African and l have seen the robbery, enslavement and killing for profit and western greed. There is a lot to say about the way we live and treat others, but, as long as we carry on and live as we do, there will be no change. I have relatives who are still living in Africa and are suffering to a degree that make my own problems insignificant, why, my heart cries out, but, there is very little short of a world revolution that will change the current circumstances.

 

Once again, I am not trying to resort to name calling and what l meant was only to say that we all live and choose to live in accordance with or values. My opinion is that there are certain ''professions'' that few normal people would even concider to take on and that you must have a certain ability to withstand or block out human feelings to be able to do. Enough said and l do not whish to insult anyone. Henceforth l shall stick to the issues only and absorb comments whatever they are.

 

Sorry Keepertopoacher, l suppose it was the semantics and that l'm still a bit uptight, hence, the superfluos comments.

 

I accept your apologies with thanks and say "Lets draw a line under it - Now How can I help?"

 

GK

[gustavius rex]

Hi Tomtubby,

 

I, or rather my wife, filed a Statutory Declaration Form PE3, before a commissioner for Oaths and again included under Any Other Information who the actual driver was and his address. We did not hear anything for a long time except one morning when the bailiff was outside one of my neighbours house clamping the vehicle in question, only problem was that my wife had sold it to the neeighbour some 6 months before. Quite a funny sight, but, it did nothing to improve our relationship with the bailiff.

 

We did contact Lambeth Council (we do not live in Lambeth, but, in Croydon) about this and asked why we had heard nothing from them and why they tried to recover a fine without contacting us first. Lambeth said that they would look in to the matter and virtually admitted this was not ok. After that I filed a sar to Marstons as l did not understand how the charges were calculated. In the same letter l further, made it clear that l required a break down of their costs. Marston reply was a print out of absolutely useless general information held on my wife and not a single item including cost break down that could be related to Marston. They actually claimed confidentiality as it involved a third party (the contracted help l suppose). I wrote Marston again and stated that the information l required was not included in their response and that l had not receive one single item pertinent to the case. Marstons response was short and to the point...''we stand by our previous answere''. What happend thereafter is what has been described above. Now, there is one thing more of interest. The bailiff said to the police when they queried his authority that there had been a ''hold'' on the fine , but, it was lifted on 16 March 2009. My wife has never received any notification from Lambeth or any information what so ever regarding this fine, why, it makes a mockery of the system. If we had received a notification we would have paid the fine in time and avoided this incident. Now, the situation is serious as my wife cannot really afford the £612.28. Beside all of this, it is outright wrong what is going on and l am furious about the casual way both the council and the bailiff approaches these issues. We all know that parking fines constitutes a substantial income for the councils, why, they obviously do not care how they collect. This must be stopped.

Gustavius

[gustavius rex]

Hi Gamekeepertopoacher,

Great stuff then we are friends and hopefully you will not only be able to help me, but, start something that will reach the level of what is going on re. the politicians expenses. Please read my rely to tomtubby and give me your thoughts. One quick question, is it only l who thinks or is convinced that the dca industry has been ''helped'' by these lords for rent??

Gustavius

[GamekeeperToPoacher]

Gustavius,

 

I have sent PM

 

GK

[gustavius rex]

There is another issue here that needs to be mentioned and hopefully discussed in-depth.

 

Although my behaviour in ''threatening'' the bailiff in the heat of the morning, something that was stupid and in-excusable, the police insisted that l should let them in, not fully understanding the outcome of that demand. l repeatedly insisted that l would let no-one in to my house, including the police, but, by then the bailiff had already got his foot over the treshold. Now, in all honesty, as the police was there he did not actually push his way past me, but, with the police arguing on one side and the bailiff on the side it was impossible to keep all in control. l do not think that the police fully understand the bailiffs rights and obligations, why, they unwittingly actually assisted the bailiff to gain entry. The problem for me is that the police were more than ok and were only really interested in avoiding me actually flogging the bailiff. I think that when the police are called out to assist a bailiff (as l'm sure l'm not the first nor the last to ''threaten'' the bailiff) they should be converse with the law and what the bailiff actually can and cannot do. This is actually a very important issue and should not be put aside as it gives the bailiffs the opportunity to use the police in the future to gain entry without the police actually realizing that they are actually illegally helping the bailiff.

[gustavius rex]

Just found something today regarding the guidelines for police and bailiffs. It's posted under Can Bailiffs gain entry with locksmith... please look see as l am now in a much better position. I now need help to formulate the complaints if not filing for unlawful entry.

Gustavius

[noddyaccount]

Hi Gamekeepertopoacher,

Great stuff then we are friends and hopefully you will not only be able to help me, but, start something that will reach the level of what is going on re. the politicians expenses. Please read my rely to tomtubby and give me your thoughts. One quick question, is it only l who thinks or is convinced that the dca industry has been ''helped'' by these lords for rent??

Gustavius

 

No me too , Lord Taylor of Bullseye boasted to the undercover Times reporter that he had "helped ' Experian the credit reference agency push through some legislation . Someone should go through the house of lords records , is it Erskine May ' and examine his input in the noble house , if indeed he did push for any specific clauses etc , or exercise any other undue influence . Quite hard to prove , but now his good name has gone , we could make our own minds up .Experian is the private company that monitors our credit on behalf of banks , dcas etc .

[gustavius rex]

Hi Noddyaccount,

 

I might just take up your advice and start to research what it is our most beloved lordships really are up to, who they have acted for and what has been achieved. There must be a reason we continually find ourselves with fewer and fewer rights and means to defend ourselves against the sharks.

Why is it that an ordinary punter always draws the shortest stick?? I cannot understand why we let this go on particularily now when we have clear and present evidence of our grubby politicians disrespect for even the most basic law of decent behaviour??

Gustavius

[tomtubby]

Hi Tomtubby,

 

I, or rather my wife, filed a Statutory Declaration Form PE3, before a commissioner for Oaths and again included under Any Other Information who the actual driver was and his address. We did not hear anything for a long time except one morning when the bailiff was outside one of my neighbours house clamping the vehicle in question, only problem was that my wife had sold it to the neeighbour some 6 months before. Quite a funny sight, but, it did nothing to improve our relationship with the bailiff.

 

We did contact Lambeth Council (we do not live in Lambeth, but, in Croydon) about this and asked why we had heard nothing from them and why they tried to recover a fine without contacting us first. Lambeth said that they would look in to the matter and virtually admitted this was not ok. After that I filed a sar to Marstons as l did not understand how the charges were calculated. In the same letter l further, made it clear that l required a break down of their costs. Marston reply was a print out of absolutely useless general information held on my wife and not a single item including cost break down that could be related to Marston. They actually claimed confidentiality as it involved a third party (the contracted help l suppose). I wrote Marston again and stated that the information l required was not included in their response and that l had not receive one single item pertinent to the case. Marstons response was short and to the point...''we stand by our previous answere''. What happend thereafter is what has been described above. Now, there is one thing more of interest. The bailiff said to the police when they queried his authority that there had been a ''hold'' on the fine , but, it was lifted on 16 March 2009. My wife has never received any notification from Lambeth or any information what so ever regarding this fine, why, it makes a mockery of the system. If we had received a notification we would have paid the fine in time and avoided this incident. Now, the situation is serious as my wife cannot really afford the £612.28. Beside all of this, it is outright wrong what is going on and l am furious about the casual way both the council and the bailiff approaches these issues. We all know that parking fines constitutes a substantial income for the councils, why, they obviously do not care how they collect. This must be stopped.

Gustavius

 

 

 

Thank you for your response.

 

In the first instance you need to telephone the Traffic Enforcement Centre in the morning on 08457 045 007 and quote the PCN number. For Lambeth this will be start with LB and have 8 numbers.

 

You need to ask them what has happened to the stat dec. They will advise you what to do. I would suggest that they will provide you with an N244 which sadly costs £75 to appeal. I am aware that you have now paid a lot of money but in the N244 ALWAYS ask the court for a refund of the £75.

 

This appeal, which is sucessful will then REVOK the WARRANT OF EXECUTION and this will allow you to request a full refund of all of the costs that you have paid from the council.

 

You need to also ask the bailiff company for a SCREEN SHOT of the account. They will NOT like to provide this but they have to do so if requested. If they refuse , please respond back and I will post a template letter for you.

 

Finally, telephone HMCS to check whether the bailiff is certificated. The number is 0203 334 6366.

 

PS: I am very concerned by your earlier reference to what the bailiff was wearing....can you elaborate?

Edited May 17, 2009 by freakyleaky

[Guest Happy Contrails]

You need to also ask the bailiff company for a SCREEN SHOT of the account. .... please respond back and I will post a template letter for you.

 

That involves writing to the bailiff twice and turns a case into a protracted one. I find the following template does the job in half the time & doesn't need a £10 fee.

 

Bailiffs

Address 1

Address 2

Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Fee irregularities.

 

I write following visits by your bailiff however there appears to be irregularities with your fees. I ask you to freely provide the following within fourteen (14) days:

 

1) The name of the certificating court and certificate number for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) Written confirmation your fees are lawful and comply with legislation

 

4) The name and address of the person, body or authroity you act for

 

If you appear to be unable or unwiling to provide any of the above I will automatically proceed on the basis you do not wish to cooperate.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

[gustavius rex]

Hi Tomtubby and Contrails,

 

You are both diamonds and give me that extra boost l need to calm down and get my s..t together.

 

Now, this is what has been done:

 

1. Statutory declaration signed under the eyes of a commissioner of oaths.
   
2. Nothing happend for more than 6 months (haven't got the dates together yet, lot's of paper work here as is not only case work)
   
3. Bailiff mails first demand with a cost of some £400+++
   
4. l send of sar and request particular break down of bailiffs costs.
   
5. Marston responds with computer print out with irrelevant info. held on computer such as wife's name,address and other non-pertinent date, most filed as ''not known''.
   
6. l send off new letter stating that Marston have not comlied with my request and request all data required.
   
7. Marston responds saying ''no can do/no will do''.
   
8. l phone Bailiff explain what the situation is and that statutory request been filed. Marston declares that the issue for them is only to collect.
   
9. Marston bailiff attempts to clamp wife's car that has been sold to neighbour. Big circus and bailiff apologizes to neighbour.
   
10. New letter from Marston bailiff with demand for payment within 7 haours or distress/removal of goods will be executed.
    
11. l phone Bailiff and try to explain the situation. Bailiff states that he WILL enter my wifes property and do what he set out to do. l lose my bottle and say ..''if you try to enter the property (meaning break in) l will blow you effing head off. Lot's of postering from bailiff and me as well as l'm livid. Bailiff say that he will be at the property within 2 hours and if l'm ''big'' enough l should be there to meet him. l say that l retract my statement of blowing his head off as he is not worth going to prison for.
    
12. 1 hour later door bell goes off and l see what l believe is 2 plods and one member of the SWAT team (armed response team).
    
13. l open the door as l do not want the street swarming with armed police, helicopters and dogs.
    
14. What l now see are the two bobbies and the bailiff dressed in all black with a black t-shirt, black combat trousers with a tag saying Dickies (US maker of work clothes), black steel capped combat boots and to top it off A BULLET (KNIFE PROOF???) vest with all the extra trimmings. The only gadgets missing were helmet,goggles, a glock 17 and a Heckler and Koch MP 3.
    
15. Police nice but insists on entering, saying that they could actually arrest me for illegal threats (lsuppose).
    
16. l maintain NO ENTRY for anyone as they do not have a warrant nor has the bailiff.
    
17. The situation reaches a stalemate and it is now clear to me that the plod do not know what the legal requirements are.
    
18. Bailiff gets foot over threshold (illegal) and a conversation commences between the plod and the bailiff, where the plod actually ask's the bailiff re. his authority. The bailiff shows paper work and states that he has his foot over the threshold why he has legal right to enter.
    
19. The plod is now in full negotiation drive and tries to convince me to just get this over.
    
20. Whili talking to the plod the bailiff is in.
    
21. The situation is such that l cannot protect myself or my wifes property without violence, hence, l phone my wife.
    
22. Plod and bailiff talkes to wife and bailiff states that he has 3 vans on the way and will empty the whole house.
    
23. Wife in distress talkes to police, but, to no avail. Police only to monitor, keep peace and ensure l do not kill the mother of a bailiff.
    
24. My daughter gets involved and the circus is complete.
    
25. Eventually the bailiff is paid and the police say that l can now complain to the authoryties and will get my money back.
    
26. Police thanks me and is very grateful for my cooperation??? and leaves with the words...'' please do not now go out and knock the bailiff down''.
    
27. End of incident
    

As can be seen there's more than one breach of laws and guidelines, why, as l stated in the beginning of this thread, the issue is not really me or my wife and what happend to us or even our money, but, an issue of what is going on and how the law and procedures are now so fluid and haphazard that you no longer have any real rights or protection. There is an old saying that ''**** flows downwards'' and with the corruption and manipulated corrupt system we are living under, behaviour and attitudes change and people will eventually act as their masters.

Gustavius Rex

[Ell-enn]

This is why we need a campaign to educate the police as to what exactly bailiffs are allowed to do. MP's and Chief Constables of all police forces need to be aware that our local plod is not up to speed where these private bailiffs are concerned. If necessary they need to carry in their pockets a reference card with the rules on it!

 

This bailiff obviously worked on the assumption that the two attending officers didn't know that he wasn't allowed to put his foot in the door - and he got away with it!!

 

I do hope you will be making a complaint to the Chief Constable of your area force and your MP.

[gustavius rex]

Forgot something re. the correspondence from Marstons. In their first letter they actually stated that ''any other info. theyhad was between them and a third party (the man in combat dress l suppose) and that this info. was priveledged information and could not be divulged to me.

[gustavius rex]

Hi Ell enn,

 

You hit the nail, of course the local plod does not know. When would he have the chance to learn? l will most certainly complain, but, the guys were very nice and l do like most of the British Police, they are still the best in the world l can really certify that. So it is not easy for me to complain as l know the complaint will not be seen as it should i.e. WE NEED TO TRAIN AND EDUCATE OUR PLODS, but, they will just empty the proverbial bucket over these two guys. It is not fair and although l have been the victim here, l would really like to have a go at the bailiff, Marstons who's tactics l find deplorable and then the system and it's initiators.

 

Thank you for your interest and hopefully there will now be others with similar experiences joining up so that we will be strong and really can deliver a blow at what is perpretated and the people behind.

Gustavius Rex

[Ell-enn]

Hi GR, believe me I have no axe to grind with the police myself, indeed my partner is an ex copper and agrees with me that it's education re the bailiff's powers that is needed, not retribution for what has already happened.

[Guest Happy Contrails]

The local plod do know. Their propensity to describe a crime committed by a bailiff as a civil matter comes from the corridors of power.

 

This is why we need a campaign to educate the police as to what exactly bailiffs are allowed to do.

 

I am already in communication with the ACPO on this point and exploring what steps can be taken to correct police action when a criminal complaint against a bailiff is brought to them.

 

I currently need some supporting facts, evidence and a sample of cases of bailiff fraud. I am speaking with a number of debtors willing to make statements of fact and give documentary evidence.

[gustavius rex]

Hi Happy Contrails,

 

I do not know what you mean with fraud? If it is possible to prove that the action and behaviour of the bailiff in my case can be construed as FRAUDULENT then l am more than willing to join you. I have the relevant docu's re. fraud, harassment and more. The problem, from a legal point of view, is to prove fraud. If the charges are wrong, excessive or in any other way construed as incorrect, does not mean fraud or attempt to fraud has been committed. Today with what is occurring with our honorable members of parlament the chances are even remote that any court would accept charges of fraud against a bailiffs wrong doings.

 

However, if the bailiff gained entry through deception that is another issue. l have been forced to familliarize myself with the law to a degree l didn't think l was able too, but, the more l learn the more dishearted l become. The law in this country is not geared up to defend the interest of the common man or the punter, but, the owner/employer/creditor and so on. lf you look at court cases you will see that the power and his authorized enforcer mostly win. l've been in court enough by now and l have found out that even with the help of a top notch barrister you do not win. Evidence is scrupped, your person is questionable, your motives are dishonourable and so on. But, by all means let's get it on, l'm with you and if you PM me we can talk more privatly.

GR

[Guest Happy Contrails]

Bailiff mails first demand with a cost of some £400+++

 

He probably commits an offence under Section 2 of the Fraud Act 2006. A form 4 complaint with a summary of what you have said and enclosing the letter & any other documentary evidence should take care of it.

Bailiff states that he WILL enter my wifes property

 

Add to the Form 4.

 

l open the door as l do not want the street swarming with armed police, helicopters and dogs.

 

Make a complaint to the IPCC. It may be in breach of Section 4a of the Public Order Act 1986.

 

Bailiff gets foot over threshold (illegal)

 

Not illegal if the bailiff is certificated. Phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate.

 

Whili talking to the plod the bailiff is in.

 

The police have assisted the bailiff. The police also appear to have committed an offence under Section 4 of the Criminal Law Act 1967.

 

Eventually the bailiff is paid and the police say that l can now complain to the authoryties and will get my money back.

 

Easy if you paid with a credit card!. Section 75 of the Consumer Credit Act 1974 takes care of it. Otherwise recover it from the authority that instructed the bailiff & use the Small Claims Track.

 

Police thanks me and is very grateful for my cooperation??? and leaves with the words...'' please do not now go out and knock the bailiff down''.

 

Police are being facetious, not a crime but can add to your IPCC complaint as inapropriate conduct.