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Appeals in connection with distress

46.—(1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates' court.

 

(2) The appeal shall be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.

 

(3) If the court is satisfied that a levy was irregular, it may order the goods distrained to be discharged if they are in the possession of the authority; and it may by order award compensation in respect of any goods distrained and sold of an amount equal to the amount which, in the opinion of the court, would be awarded by way of special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 45(7).

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Hi All

 

I need to take a bailiff to court for illegal distress. Can somebody tell me how I file a form 4 in the County Court and where I can a copy of the form 4.

 

Many thanks in advance

 

Without naming companies or bailiffs can you provide a few more details.

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See this link on Consumerwiki, by Tomtubby.......

 

Bailiffs: Complaint about Certified Bailiff - Consumer Wiki

 

Form 4 can be found here.......

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

It can be completed online or printed out and filled in manually.

 

If you can give tomtubby a few details, she can probably give you some more pointers.

 

Regards, Rooster.

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Without naming companies or bailiffs can you provide a few more details.

 

I had a payment plan with the Bailiff Company and when I paid my last payment I was told there were charges on my account for van fees.

I immediatly asked for a breakdown and was sent a statement showing that a levy was carried out and I had been charged a levy fee and van fees. I have finally found out that they have levied on a car outside my house which does not belong to me.

I have complained to the Bailiff Company but they just don't want to listen and state that the fees are legal and I should have complained about the levy within 5 days.

I presume the form 4 is the only option left.

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have you complained to the council about this

 

Yes, Although they agree that if the car does not belong to me I have a case for "Illegal Distress" but they say it is ultimitly between me and the Bailiff.

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no its not its up to the council

 

write to them tell them if they don't sort it out you are going to file a form 4 complaint (send them a copy of the form 4 complaint that you are going to send to the court) and complain to the local ombudsman

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no its not its up to the council

 

write to them tell them if they don't sort it out you are going to file a form 4 complaint (send them a copy of the form 4 complaint that you are going to send to the court) and complain to the local ombudsman

 

I have wrote to them and have received a letter back from the Council telling me to complain to the Bailiff.

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Guest Happy Contrails
I need to take a bailiff to court for illegal distress. Can somebody tell me how I file a form 4 in the County Court and where I can a copy of the form 4.

 

Many thanks in advance

 

Phone the bailiff on his mobile and ask him for the name of the court that issied his bailiffs certificate and quickly end the call. If he refuses to disclose it then phone the Ministry of Justice Public Register of Bailiffs on 020 3334 6355 and ask which court issued his certificate.

 

Download the complaint form to make an official complaint against the bailiff http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and send the form to the certificating court saying why you think the distress is illegal. Be very brief and factual.

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It is ALWAYS the case that you should send a copy of the FORM 4 Complaint to the company first and tp request that unless the levy and ALL associated charges applied to the aco**** in respect of the levy are REMOVED that you will instead have no alternative other than to file the complaints with the Court.

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Guest Happy Contrails
It is ALWAYS the case that you should send a copy of the FORM 4 Complaint to the company first.

 

There is no such provision in the legislation. You might be thinking of the Civil Procedure Rules.

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You are of course correct.

 

My comment is made on the basis of experience of the many cases that are being made to the Courts which are being rejecting on the basis that a Form 4 is the wrong course of action as the company should have first been given the opportunity to correct any mistakes.

 

A Form 4 Complaint is a serious matter and if the court agrees that the complaint is serious enough he can ultimately take away the bailiffs certificate which will lead to him being unemployed and this is possibly why some courts consider that the compliant should first be taken up with the bailiff comapny.

 

For the collection of council tax, if a person is "aggrevied" at a levy made by the bailiff, Regulation 46 of the Council Tax (Administration and Enforcement) Regs 1992 provide that an application should be made to the MAGISTRATES COURT .

 

The following is a TEMPLATE of such a complaint and in all cases that we have advised on, it is recommended that a copy is sent to the LOCAL AUTHORITY and the bailiff company before being sent to the Magistrates Court.

 

Any questions, please post back...

 

 

Mr Jo Blogs

1, High Street

Anytow

Post Code.

 

The Chief Clerk[/font]

xxxx Magistrates Court[/font]

 

 

 

Date:

 

Dear Sir/Madam

 

Council Ref: xxxxxx[/font]

 

I am writing to request that you issue a Summons against xxxxxxx Council by virtue of Regulation 46 Council Tax (Administration and Enforcement) Regs 1992 as a matter of urgency.

 

I am aggrieved by the levy carried out by Mr Smith of ABC Certificated Bailiffs on (enter date) for the following reason:

 

  • The bailiff visited my premises and he has provided a Notice of Seizure of Goods & Inventory advising me that he has levied against a vehicle that was outside/on the drive of my home.
  • This vehicle is not owned by me. I do not know the owner of the vehicle and it would appear that the bailiff has assumed that this is my car because it was parked close to my home.
  • The bailiff in seizing this vehicle, has charged me a levy fee of £50 together with an enforcment fee of £150 and I am advised that unless I pay the amount of the Laibility Order of £xxx together with the charges associated with this levy, that the bailiff will be attending at my property to remove this vheilce to satisy my council tax arreas and in addition I will also be liable for further charges for "attending to remove" and I could also be in position of being personally liable to the owner of the vehicle.
  • I have written to the bailiff company and the local authority concerning this levy but my complaints have been ignored.

I trust that this information will be sufficient and please do not hesitate to contact me if you require any further information.

Yours faithfully

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  • 2 weeks later...

Thanks to everybody who helped me on this.

After 5 months of complaining to the local Council I have finally got Bristow & Suitor to drop charges against me.

I sent them a copy of the Form 4 and I got a reply within 2 days telling me they were cancelling any action against me although they would not admit that the levy was carried out illegally.

 

Can anbody advise if I should still make an official complaint against the bailiff in question as he did act illegally and if so how I should do this.

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