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On line search to check if a Bailiff is Certificated.....


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It depends on what debt he was enforcing. If it was an outstanding MAGISTRATES COURT FINE (ie driving without insurance, no tax, or TV licence etc) then HMCS allow the bailiff to work UNCERTIFICATED for 6 months !!

 

Madness I kinow...but I don't make the rules !!!

 

 

Thanks,

it was for Congestion Charge fines, so should he have a certificate?

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stevelift dont know if this helps but worth a look

 

 

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates.

 

 

http://www.hmcourts-service.gov.uk/c...orms/ex345.pdf

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I can't find Rossendales bailifs at all on this list. If you search for Rossendales as an employer nothing comes up?

 

Does anyone know if this is the case or if they are listed as something else?

 

There will always be "teething problems" with things like this and I do know that the Ministry of Justice are addressing these problems so as to ensure that searches are made easy.

 

A search can be made of the EMPLOYER..ie: Rossendales BUT you need to make sure that in the SEARCH BOX you put the FULL NAME of the Company.

 

For instance:

 

 

For Rossendales you will need to put: Rossendales Ltd

 

For JBW you will need to put: JBW Enforcement Ltd

 

I will amend the thread later today.

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On 17th March 2009 the Ministry of Justice announced plans for a new code regulating the activities of bailiffs and one of the changes was to introduce a much needed certificated bailiff register allowing debtors to check on-line whether a bailiff is certificated.

 

This is now available from the following link: www.hmcourts-service.gov.uk/CertificatedBailiffs/

 

 

As you will see, you may search by either providing the bailiffs first name, surname or employers name. However....could you please note that if you are searching under the name of the company ...for some companies you will need to provide the full name of the company as following:

 

Bristow & Sutor....same

 

CCS....CCS Enforcement Services Ltd

 

Dukes....Dukes Certificated Bailiffs

 

Equita....Equita

 

JBW....JBW Enforcement Ltd

 

Marston....Marston Group

 

Newlyn....Newlyn Collection Services

 

Philips....Philips

 

Phoenix....Phoenix

 

Rossendales....Rossendales Ltd

 

Swift....Swift Credit Services

 

Task....Task Enforcement

 

 

Could you please note that a bailiff’s certificate is valid for just 2 years.

 

If your search reveals that the bailiff is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are "any changes" to the certificate then the bailiff must “without delay” give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, the bailiff’s bond will be cancelled when he leaves his previous employer!!

 

As I have said many times here on the forums, it is always the case that if you have a complaint about a certificated bailiff then this should first be sent to the bailiff company to address and a Form 4 Complaint to the County Court should wait until the company have had an opportunity to sort out the complaint.

 

As a Form 4 Complaint can have serious repercusssions for the individual bailiff, the County Courts also expect that the debtor should at least allow the company to have the opportunity to sort out the complaint. By doing this you will avoid being criticised by the Court.

 

There is a seperate thread in the STICKY section here entitled: "How to Complain to the Court about a Certificiated Bailiff" which should be read first if you are considering a Complaint.

 

PS: As the bailiff is working as an "agent" for the local authority, a copy of your complaint should be sent to the council as well and you need to ensure that you request that it is recorded as a formal complaint.

 

I can't find either the company, ( Ross and Roberts ) or the individual bailiff. Is registration to this site mandatory or up to the companies themselves?

Light travels faster than sound.............that's why some people appear bright until you hear them speak

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For this company you will need to input: Ross & Roberts and NOT Ross and Roberts . I have searched and can see 23 bailiffs as being certificated.

 

Thank you Tomtubby. With your help I found the company , but the bailiff who visited me is not on their list. Is this significant or just a normal occurence?

Light travels faster than sound.............that's why some people appear bright until you hear them speak

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Thank you Tomtubby. With your help I found the company , but the bailiff who visited me is not on their list. Is this significant or just a normal occurence?

 

hope you don't mind me answering this

this list is fairly new i would suggest you phone

Ministry of Justice Public Register of Bailiffs on 020 3334 6355 to confirm

 

and if he is not a bailiff then yes it is significant

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates

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Thank you Tomtubby. With your help I found the company , but the bailiff who visited me is not on their list. Is this significant or just a normal occurence?

 

hope you don't mind me answering this

this list is fairly new i would suggest you phone

Ministry of Justice Public Register of Bailiffs on 020 3334 6355 to confirm

 

and if he is not a bailiff then yes it is significant

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates

 

I don't wish to appear stupid , but does a bailiff have to be certificated in order to be a bailiff ?. I was under the impression that a un-certificated bailiff's powers was far less than a certificted one , but still a bailiff. So because the bailiffs name is not on the list ,could he still be a bailiff ?

Light travels faster than sound.............that's why some people appear bright until you hear them speak

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Who are bailiffs and enforcement officers?

Bailiffs and enforcement officers are people authorised to remove and sell your possessions in order to pay the money you owe to a person or an organisation. They also conduct evictions, and arrest people.

County court bailiffs — are employed by Her Majesty’s Courts Service (HMCS), and are responsible for enforcing orders by recovering money owed under a county court judgment. They can seize and sell your goods to recover the amount of the debt. They can also effect and supervise the possession of the property and the return of goods under hire purchase agreements, and serve court documents.

Civilian enforcement officers (CEO’s) Magistrates’ Courts — are employed by HMCS and are responsible for enforcing magistrates court orders. They can seize and sell your goods to recover the amount owed under a fine and community penalty notice. They can also execute warrants of arrest, committal, detention and distress issued by a magistrates’ court under any one of a range of statutes, including those covering the enforcement of fines and community penalties. A CEO can execute such a warrant anywhere within England and Wales.

Enforcement officers — (High Court) are appointed on behalf of the Lord Chancellor and are responsible for enforcing court orders by recovering money owed under a High Court judgment, or a county court judgment transferred to the High Court. They can seize and sell your goods to cover the amount of the debt. They can also enforce and supervise the possession of property and the return of goods.

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates. They cannot enforce the collection of money due under High Court or county court orders.

Non-certificated bailiffs — are entitled to recover the money owed for a variety of debts by seizing and selling your goods but cannot levy distress for rent, road traffic debts, council tax or non-domestic rates, or enforce the collection of money due under High Court or county court orders.

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Thank you Hallowitch. This bailiff was for council tax , but having read your last post , he can't do this !. Presumedly , all the gumph he told me about fees and what he could and could not take , is not worth the paper it's written on because he is not certificated ? Am I right in assuming this ?. Although the council has taken back this debt , they still have not confirmed this in writing as they said they would. The bailiff's fees are £77 , but if the bailiff was not certificated , then I assume that I do not owe this money ?. I was told by the council that I must pay the fees by the end of August before our arrangement can begin.

Light travels faster than sound.............that's why some people appear bright until you hear them speak

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Thank you Tomtubby. With your help I found the company , but the bailiff who visited me is not on their list. Is this significant or just a normal occurence?

 

The bailiff MUST be certifictaed when enforcing a dent for outstanding council tax or an unpaid PCN.

 

From memory, this company used to have a section on their website where they listed the names ( and photo's) of all bailiff that were certificated by them. It is worth checking whether this is still on their website. But in answer to your question...YES... the bailiff must by law be certificated.

 

If and I'm certificated bailiff levies upon goods or charges you will see then the levy would be invalid and the fees must be refunded.

 

In the case of enforcement of a debt for an unpaid parking ticket, the Road Traffic Act specifically states that only certificated bailiffs can enforce these type of debts and that if the bailiff is not certificated then he is committing an act of trespass and that action can be taken against the "bailiff" and who ever has instructed him (this is normally the local authority!!).

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The bailiff MUST be certifictaed when enforcing a dent for outstanding council tax or an unpaid PCN.

 

From memory, this company used to have a section on their website where they listed the names ( and photo's) of all bailiff that were certificated by them. It is worth checking whether this is still on their website. But in answer to your question...YES... the bailiff must by law be certificated.

 

If and I'm certificated bailiff levies upon goods or charges you will see then the levy would be invalid and the fees must be refunded.

 

In the case of enforcement of a debt for an unpaid parking ticket, the Road Traffic Act specifically states that only certificated bailiffs can enforce these type of debts and that if the bailiff is not certificated then he is committing an act of trespass and that action can be taken against the "bailiff" and who ever has instructed him (this is normally the local authority!!).

 

Thank you Tomtubby. The only thing I could find on their web site was photos of the directors. I have checked and re-checked but can find nothing about this bailiff. His surname is Jennings. I would hate to go to my local authority and tell them that because their bailiff was not certificated , there fore not liable for any fees imposed by this man , and then find out he IS certificated but I could not find this out through my own stupidity and lack of know-how , would be extremely embarrasing to say the least. So my question is , apart from the on-line check , is there a near infallible way to find out once and for all. I thank you for your time and your patience.

Light travels faster than sound.............that's why some people appear bright until you hear them speak

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Thank you Hallowitch. I will ring in the morning just to make sure. May I take the time to say a huge thank you to your goodself , Tomtubby , and everyone else for taking the time to reply to these questions that we continualy ask !!! You must feel like pulling your hair out sometimes !!.................thank god you don't !

Light travels faster than sound.............that's why some people appear bright until you hear them speak

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Does anyone know of "High Court Enforcement Ltd"? I've looked them up on the link and there's nothing. I've looked up their "representative" and there's nothing.

 

In the paperwork it says he is a "High Court Enforcement Officer" - what is that?

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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The bailiff who came to me wasn't on the list, so I phoned the Justice Department and they told me to call the CC.

 

I did and he is on there, but it has got the court doing a thorough check on the listings.

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Does anyone know of "High Court Enforcement Ltd"? I've looked them up on the link and there's nothing. I've looked up their "representative" and there's nothing.

 

In the paperwork it says he is a "High Court Enforcement Officer" - what is that?

High Court Enforcement Officers are NOT on the list.

 

This is because the list is ONLY for CERTIFICATED BAILIFFS enforcing unpaid council tax, parking charge notices, child support agency arrears and unpaid rent.

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I'm wondering if i could ask some advice

 

I have been visited by a bailiff 3 times. twice for 07/08 council tax that has now been paid in full including 2 visit fees and once for 08/09 which I am still currently paying.

 

On seeing this thread I have searched for the bailiff (it was the same one on all 3 occasions) and he is not on the list.

 

Do I now ask for my money back - do I go to Jacobs first?

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Ministry of Justice Public Register of Bailiffs on 020 3334 6355

 

i would phone the above number confirm he was not a bailiff when the visits and Levy(if any)

charges were added by him

then get in touch with Jacobs and ask where and when he was certificated give them 7 date to reply to your e-mail if they don't get in touch with the council

 

Certificated bailiffs — enforce a variety of debts on behalf of organisations such as local authorities. They can seize and sell your goods to cover the amount of the debt you owe. They also hold a certificate, which enables them, and them alone, to levy distress for rent, road traffic debts, council tax and non-domestic rates. They cannot enforce the collection of money due under High Court or county court orders.

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