Bailiff Witness Statement Is Full Of Lies ! Help!

[MRSWESTHAM]

Hi am going to court against bailiff co. re threatening behaviour and illegal fees.

 

I have just recievd the bailiff statement and its full of basically crap.

 

Firstly she has said she cant remebeme and has visited my curren address to "jog her memory" My old address is clearly written on ALL the paper work. Do you think this is intimidation?

 

Secondly they havea much further detailed break down of charges and (written) recording of conversations i had when i called them, all i was given is breakdown of charges. How is it fair that bailiff gets the whole file?

 

Thirdly they have statd i said if I had know the bailiffs were coming i would of "knicked a car stereo" ! (WTF? where did they get that from)

 

The bailff co cannot provide the bailiff with the WP. YEt bailiff is stating i need receipts to prove it was her that visite me. (I have computer copy of payment) Bailiff co advised it was her who visited so how can she now deny it?

 

She has stated she didnt say I had to pay £600 a month, she did.

 

She also said they had legall added all fees , too lng to go into detail but unfortunately sounds legit.

 

Any advice guys im panicking a bit!

[hallowitch]

calm down

Bailiff co advised it was her who visited so how can she now deny it?

 

the judge not stupid

[MRSWESTHAM]

Thanks Halowitch

 

Just A Bit Over Excited About It All And Dont The Fact She Said She Had Been To My New House ! Over Active Immagination My Mum Calls It!

[hallowitch]

hallowwitch - not going to hijack the OP's thread but thought you might like to know I had a successful form 4 complaint about a Jacobs bailiff last month

 

this was posted yesterday by andie 303 when they come on have a wee chat to them

 

tell your mum she is correct

[MRSWESTHAM]

Cool Well Done On The Form 4 ! Did You Get Your Money Back?

 

Thing Is Aswell I Feel A Bit Bad As The Bailiff Was Not The On Who Swore Atme That Was The "manager" But I Guess I Cant Take Them To Court

[seanamarts]

I took a bailiff to court and believe me they lie like a cheap japanese watch, full of BS. Of course they are going to lie its what their job requires them to do, i won my case btw

[andie_303]

Judges aren't that stupid - and remember anything that has been used by the bailiff in court has to be provided to you as well. Therefore if the bailiff got the whole file they should be sending you a copy as well in the discovery so worry not.

[MRSWESTHAM]

hi thank you for your support - just noticed on the break down of charges on the bailiff copies there is notes saying "not levy " and markings next to it. On my copies there is no notes written! It loos like they have tried to ammend the records.

 

What is my next cours of action? I have picked through her statement making notes incase the judge questions it.

 

Thanks in advance

[seanamarts]

I can only advise you on the basis of what happened when I went to court and how it panned out, each case is different. You will however be allowed to have your say and show what evidence you have. The judge will see your evidence and theirs and will compare it and see that they have doctored it. Judges know how these people work and really dont look lightly upon them when they lie about situations, sounds to me like your bailiff is in a panic now and is doing everything he/she can to cover their tracks and it wouldnt suprise me that he/she is being told what to do by his/her company.

[tomtubby]

As many people on here will be aware we deal exclusively with advising the public on all issues regarding a bailiff and for this we have a website which cannot be advertised here on CAG as it is a commercial site ( ie we sadly have to charge for calling our office). Because of this work we have seen a huge number of Form 4 Complaints and although the vast majority of these are serious it is the case that quite a few are trivial and the debtor should have instead written to the company.

 

As I have said MANY times before.... it is ALWAYS the case that a debtor should write to the bailiff company FIRST to try to resolve any issues and that if they are not satisfied with the response then they could file a Form 4 Complaint. In other words a Form 4 Complaint should be seen as a LAST RESORT.

 

In your particular case, you would have sent your case to the court and they in turn would have written to the bailiff company. The Court will ONLY list a hearing if the Judge is NOT SATISFIED with the response from the local authority. So therefore you have already convinced the Judge that this matter is serious....and he believes you !!!

 

ALWAYS...ALWAYS....make SURE that BEFORE attending Court that you obtain from the bailiff company a copy of the SCREEN SHOT of your account. This is VITALLY IMPORTANT.

[MRSWESTHAM]

Thank Yuo Every Body Especially Tomtubby You Are Star X

[Yoshiro]

I had a good experience at a county court a few years ago. The LA had taken us to court over housing benefit arrears.

 

Anyway the woman went in to the court, she was allowed to speak first. She went on with how we had conned the LA and that i was a fraudster and that the LA would not allow the court to make an order of anything less than £15 per week payment!

 

Well before i was given a chance to give my side the judge ripped into her something chronic! He asked her why i was being called a fraudster, to which she responded that the tenancy was in my partners name, but i was the claimant of the housing benefit (i was claiming benefits for both of us as we were both disabled).

 

Well he took offence to this in a big way, asked me why i had done the claim instead of me partner. So i told him that i claimed it as i was the claimant of the other benefits. He agreed that it was quite reasonable what i did and advised me i would most likely have a case of slander against the LA employee for what she said!

 

He then went on to inform her that he set the terms of payment, not the LA and that he wouldnt make us pay more than £2.88 a week!

 

So therefore it just shows that court isnt always going to be the dreaded experience we all think it is. The judges do have common sense and will act accordingly, and from the times i have been it also seems that if you dont have a grasp of the particular law they will assist you where possible with what you need to know. i also found it alot more informal than a magistrates court as well

 

So good luck with this and i hope you dont get stage fright

[MRSWESTHAM]

Thank you for your support it means a lot

 

Glad you had a good experience! Im more scared of losing my temper with the bailiff when they lie !

 

im also scared about losing cos i know i would go dinny lol

 

BUT im confident with th help off Tomtubby and all you guys I can do it!

[Yoshiro]

Best thing to do is bite your tongue, make note of when they lie, then when it comes to your turn to speak you calmly and factually tell the judge that there are inconsistencies with what the bailiff has said and your recollection is as such.

 

If you call them an out and out liar and get aggressive the judge will be less likely to be helpful.

[Yoshiro]

and if you do lose, remember there is always the appeals process!

[hallowitch]

sent you a P M

[lets fight bailiffs]

Just to second what TT has said it will go in front of a judge and if they did not think you had a case it would not.

remember what the bailiff has sent to the court is not true and he is not stupid if they have sent a letter to the judge by way of a statement and the judge is to find out it is not true it is perjury and i would have thought that she will be a bailiff no more i told you in another thread you are your own worst enamy you will be fine i'm sure. temper temper

[MRSWESTHAM]

lol

 

thanks...

 

Im not actually sure what I should be doing now ? Do you think its worth writing the judge a letter ?

[lets fight bailiffs]

have you not yet sent a statement to the court?

[MRSWESTHAM]

no only the form 4 ?

[lets fight bailiffs]

I would in that case, what you have to remember is be nice even to the lying **** bag Bailiff dont put them down in your letter just tell the judge what and why you feel you need to send this letter and only ever put down a fact that you can prove by way of email or letter.

 

I have the same thing with a case i am dealing with now and it is very sad the field officer has given a statement to the court and the HCEO as shot him in both feet with an email he sent me. sit back and enjoy its fun.

[MRSWESTHAM]

I dont even know where to begin ! Was thinking off putting something suh as I would firstly like t draw your attention to the fact that the bailiffs defnce evidence (screen shot of accounts) differs to mine (which was iisued to me in May )It has notes writen next to it such as "not levy"

 

Although the judge hasnt asked me for it, i dont want to annoy him before I even start !

[lets fight bailiffs]

you could just leave it. but if this is the case you need to think about what they will say in court and have a good responce.

 

what happens is you will both be in a room sat at what will look like a dinning table now the first pearson so speak will we the bailiff company that is not a bad thing as you have time to make notes and put a answer to what they are saying make sure you have all the paper work with you then the judge can see for himself tell the judge what you think is wrong and also ask him/her for help as you do not know the law and he will give you direction this is a good thing as you now have the judge working on your side and when the judge starts to help you give the bailiff a rope and let him hang himself cos it over it really is that easy.

[MRSWESTHAM]

lol i hope so I have a copy of her defense and have written notes next to it just I only have a 1hr hearing and im not sure they will get threw everything in that time !

 

I also want to refer to a case where they lvied 3 times on the same day, Tomtubby told me about it but I cant for the life of me remeber what it is called.

[lets fight bailiffs]

Did you mean this one

 

The visit dates, levy dates etc are the SAME for each date.

 

Aa bailiff cannot charge MULTIPLE Charges when enforcing more than one Liability Order at the same time.

 

In addition, you have not confirmed whether the bailiff levied upon goods...and therefore I am ASSUMING that the bailiff has levied upon a car outside. If so, did you receive notification of a levy?

 

In any event, the bailiff can only levy upon goods ONCE...and NOT 3 times !!!

 

its ok i'm here it was in my poket

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