Council's responsibilities for bailiff's actions?

[combathamster]

I am sending off my complaint to the LGO this week, but need some advice. In their final response the council have made the following statements, and I quote;

 

"If you are unhappy with the actions and performance of the bailiffs, this is something which you must take up direct with the bailiffs"

 

"In you letter received 2nd October, you refer to what you class as "fraudulent fees" charged by Phoenix. As mentioned earlier, this is something which you ned to take up directly with Phoenix"

 

The council concerned have a full set of correspondence which has passed between myself and Phoenix, in fact several sets over the last four months and have done precisely nothing. Does anybody know the legistlation/guidlines which demonstrate that the council have liability for the actions of their agents?

[eliza2705]

Hi Combathamster, I'm in a very similar position as the council seem to accept NO responsibilty for their employees, i.e. the bailiff's, actions. I'll be very interested to see if anyone can come along and help with this one.

Good luck with this one

Eliza

[ploddertom]

In your dealings with the Council are you still seeing the organ grinder at the front desk who operates from a script or have you escalated it further up the food chain. I believe the buck partly stops at the Head of Revenues in the CT department but even they are subject to further scrutiny by the Chief Executive. Have you also involved your local Councillor or even MP.

 

My opinion of some replies I have seen from the LGO leave a lot to be desired as they do not seem to form an opinion.

 

PT

[combathamster]

eliza/plodder I pursued the council/bailiffs as two seperate issues, bringing them together in late August. I have received the final reply from Luton Borough Council and this has gone up to the biggest monkey on the tree. I have issued a form 4, sent all evidence to court, recieved Phoenix's response ( ho ho ) and have responded, is now in front of a judge to see if it will go any further. I will post everything up here when finished

[ploddertom]

Hopefully said monkey will have red ears and slapped a*se afterwards.

 

PT

[combathamster]

I believe that as there is a contract between the council and the bailiffs.....the contracts go out to tender..then the council are ultimately responsible.

[BlurredFX]

I believe that as there is a contract between the council and the bailiffs.....the contracts go out to tender..then the council are ultimately responsible.

 

Seems absolutely spot on to me. If you lived in Council house, and they sent a dodgy plumber round who flooded your house and fried your tele and microwave and oven etc etc, who would be responsible? THE COUNCIL - who would then have to sort it with the plumber! Surely?

 

In my inexperience, I would suggest let the Form 4 proceed before getting to involved with the LGO - it is hard to argue with what a Judge says!

 

Ther you go - my tuppence worth!!

 

Night,

 

 

Blurred:)

[tomtubby]

I am sending off my complaint to the LGO this week, but need some advice. In their final response the council have made the following statements, and I quote;

 

"If you are unhappy with the actions and performance of the bailiffs, this is something which you must take up direct with the bailiffs"

 

"In you letter received 2nd October, you refer to what you class as "fraudulent fees" charged by Phoenix. As mentioned earlier, this is something which you ned to take up directly with Phoenix"

 

The council concerned have a full set of correspondence which has passed between myself and Phoenix, in fact several sets over the last four months and have done precisely nothing. Does anybody know the legistlation/guidlines which demonstrate that the council have liability for the actions of their agents?

 

The LGO will insist that BEFORE they take your complaint you need to have ensured that you addressed your complaint to the Chief Executive at the council and that your complaint MUST have been marked as a FORMAL COMPLAINT.

 

In addition, you need to allow the Chief Executive's office 12 weeks to respond to your complaint BEFORE sending the papers to the LGO

[combathamster]

Hello TT, well I have gone through all the right proceedures, and my initial complaint went in to the big cheese on the 11th March, the LGO have already given me a reference number.

 

Likewise with the form 4 I gave Phoenix 6 months to explain themselves ( ie. 'van fees' ) which they didn't, and they have been evasive, haven't responded etc....so they is a good paper trail...do you know what legislation shows that the council have a responsibility for the actions of the bailiffs..I thought it was normal contract law...as bailiff services go out to tender? Hmmm

[pink_eeyore]

Luton have current contracts, ending July 2011, with Phoenix and Jacobs

[combathamster]

Thank you Pink....well if they have contracts I believe that they are resposible for the actions of their contractors

[combathamster]

good link

 

How To Deal With The Bailiff - Birmingham City Council

[pink_eeyore]

Thank you Pink....well if they have contracts I believe that they are resposible for the actions of their contractors

 

Absolutely - as I said, get on to your MP!

[90DC]

I sent a letter off to council a week ago and told them to telephone me immediately with their decision, i asked to see the monkey (Senior Recovery Officer) as i hate talking to the organ grinder (Front reception staff) as they believe they know it all and don't want me to hurt the monkey's feelings. Well monkey hasn't contacted me yet. Also sent letter off to Bristow Sutor (Bailiffs) they haven't contacted me either. Letter was similar to bailiff letters, straight to the point, want no john bull, and i tell them what's what, i even told them council are taking back my claim as they acted illegally. Monkey from council is getting second letter which will hurry him/her up into accepting what i want. I get what i want all the time, but with these bas***ds it takes more than a couple of letters.

[combathamster]

Little update.....court are not pursuing my form 4 as they said their was no significant complaint....despite the huge paper trail and me showing they had lied in their asessment, ho hum, well is up to the LGO now, and possibly an N1 form..make a claim in the court...my MP was supportive but not now..