Warrant of arrest that did,nt exist.

[Completely desperate]

Two days ago 6/1/2010 I was approached on my doorstep by two men.

One introduced himself name and (a title of) enforcement officer and my partner (name) is a warrant officer,

we are here on behalf of (name of council) non domestics arrears for () property £2,1034 "

this officer has a warrant for your arrest if you are unable to pay this debt ,

you will be taken from here to (Place) police station where you will be held

until tomorrow morning where you will then attend Magistrates court for committal to prison.

Absolutly taken aback by this as this account is nearly ten years old for a failed business,

which is another horrendous story.

My reply "I dont have it his reply "collect your belongings and make your way to the van parked here".

It has a cage in the back but no seats., not the best I know"

In the mean time while I was getting my prescription tablets together,

at this point let me tell you I have had 3 heart attacks over the last 18 months and take over 170 tablets a week to stay alive.

My wife arrived on the scene after me telephoning her to tell her I was being arrested.

at this time I felt myself at the start of an engina attack

To cut things short they convinced me to contact my sister who agreed to pay them £1000 which they said would stop the arrest.

While on the phone to my sister I found they had walked into the house.

My wife had to leave as she was still on work, they left me to go to my sisters house to

collect their £1000 leaving me with a two receipts one for a walking possesion

and another for me to pay the balance they said was owing at £90 per month for 12 months

and if I didnt pay it they would be back to take me to prison.

By this time I was in the throse of a full blown engina attack

and spitting up blood which I showed to them and asked how much more do you want from me.

JUst sign these and we,ll be out of you way.

I learnt from my sister some 30mins later she paid them £1,400 not £1,000 making the receipt

I had for the balance incorrect.

he said she was,nt coersed into paying more but I am not to sure, as my sister is an Invalid and aged 65,

I had no transport to get to her and the as I Know know them now to be BAILIFFS,

said I could not go with them to my sisters as their insurance would not cover me to be inthe van.

I suppose on reflection now that should have been an awakening call to me.

But by this time I was completely out of it.

I was not very well for the rest of the evening and the following day.

Today Friday 8 January I managed to contacted the Council guess what!!

no commital to prison had been applied for by them and certainly no warrant of arrest has been applied for.

they had however passed the collection to the bailiffs concerned.

How do I stand, my friends, can I get the money back my sister paid because of their conduct,

and have I any redress about their lies and deceit.

What would happen if my sister cancelled the Credit card payment or is she able to do this.

As my username implies I am (Completely desperate) what can I do ?

I have a name with which to speak to the council who was not available today because of the weather and was told to ring back on Monday.

I went down to the Council Offices, they said no-one who has the authority to speak to you re. this is in the building.

I am at my wits end. any help or suggestions I would welcome with open arms.

 

 

Edited March 27, 2011 by dx100uk
line breaks

[High Court Enforcer]

You clearly fall into the realms of the 'vulnerable person'. If this is as you describe, then the Bailiffs concerned need to be brought to task immediatley.

 

Other Caggers here will advise you on what steps you need to take.

[pussycat10]

First question, as this is business rates for a failled business,

was the business a Ltd company or were you a sole trader ?

 

 

Would have thought that if the company had failled and gone under

then the debt would be to the failed company and not a director.

 

 

Which company of Bailiffs was it ?

 

 

Have my own dispute going on with regard to 2 companies acting in a similar way at the moment, just lies to extort money from people.

[RaeUK]

Hi Completely. Erm, like others who have read your post words fail me. Of the many horror stories I have read on this site over the past couple of months, yours is right up there with the worst.

Others here will give you advice on the legal side.

For now, difficult as it may be, relax. I'm sure your sister will get her money back although it may take a little time.

 

There is no doubt in my mind the following applies to you:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

I am sure you will have the support of your GP and any other NHS professional you interface with who can, if necessary, support you in the [obvious] assertation of being vulnerable.

 

Do speak to someone in authority at the council and explain the problems and your experience and that these two good visitors were told plainly you were ill, that you showed them the blood you were coughing and they didn't care. Let them know that you can, if needs be provide medical evidence of your condition.

 

You will want to follow this up - if you got to speak to someone properly - in writing. But we can talk about that later. And I'd certainly be wanting to place an official complaint but, again, a little later.

 

For now, as I said, relax a little. There are good people here and I understand the cavalry is coming.

 

Best wishes to you, your partner and your sister.

 

Rae.

Edited January 10, 2010 by RaeUK
typoo

[tomtubby]

Two days ago 6/1/2010 I was approached on my doorstep by two men. One introduced himself name and (a title of) enforcement officer and my partner (name) is a warrant officer, we are here on behalf of (name of council) non domestics arrears for () property £2,1034 " this officer has a warrant for your arrest if you are unable to pay this debt , you will be taken from here to (Place) police station where you will be held until tomorrow morning where you will then attend Magistrates court for committal to prison. Absolutly taken aback by this as this account is nearly ten years old for a failed business, which is another horrendous story. My reply "I dont have it his reply "collect your belongings and make your way to the van parked here". It has a cage in the back but no seats., not the best I know" In the mean time while I was getting my prescription tablets together, at this point let me tell you I have had 3 heart attacks over the last 18 months and take over 170 tablets a week to stay alive. My wife arrived on the scene after me telephoning her to tell her I was being arrested. at this time I felt myself at the start of an engina attack To cut things short they convinced me to contact my sister who agreed to pay them £1000 which they said would stop the arrest. While on the phone to my sister I found they had walked into the house. My wife had to leave as she was still on work, they left me to go to my sisters house to collect their £1000 leaving me with a two receipts one for a walking possesion and another for me to pay the balance they said was owing at £90 per month for 12 months and if I didnt pay it they would be back to take me to prison. By this time I was in the throse of a full blown engina attack and spitting up blood which I showed to them and asked how much more do you want from me. JUst sign thewse and we,ll be out of you way. I learnt from my sister some 30mins later she paid them £1,400 not £1,000 making the receipt I had for the balance incorrect. he said she was,nt coersed into paying more but I am not to sure, as my sister is an Invalid and aged 65, I had no transport to get to her and the as I Know know them now to be BAILIFFS, said I could not go with them to my sisters as their insurance would not cover me to be inthe van. I suppose on reflection now that should have been an awakening call to me. But by this time I was completely out of it. I was not very well for the rest of the evening and the following day. Today Friday 8 January I managed to contacted the Council guess what!! no commital to prison had been applied for by them and certainly no warrant of arrest has been applied for. they had however passed the collection to the bailiffs concerned. How do I stand, my friends, can I get the money back my sister paid because of their conduct, and have I any redress about their lies and deceit. What would happen if my sister cancelled the Credit card payment or is she able to do this. As my username implies I am (Completely desperate) what can I do ? I have a name with which to speak to the council who was not available today because of the weather and was told to ring back on Monday. I went down to the Council Offices, they said no-one who has the authority to speak to you re. this is in the building. I am at my wits end. any help or suggestions I would welcome with open arms.

 

With the state of the economy I am aware that bailiffs are finding it difficult to obtain money from debtors but I am shocked that not one...but TWO bailiffs would stoop this low in an attempt to get paid.

 

PLEASE do NOT provide the details of either the bailiff company or local authority at this moment as many bailiff companies look at these posts on a daily basis.

 

In the first instance, the bailiff is acting as an AGENT for the local authority and the council MUST share responsibility for this disgraceful episode and at the VERY LEAST, they must recall the Liability Order whilst this matter is being investigated. All correspondence must be sent to the Chief Executive and marked "Formal Complaint".

 

Due to your health problems, your circumstances would clearly fall within the category of "vulnerable" according to the National Standards for Enforcement Agents and this should ENSURE that the debt is taken away from this particular firm of bailiffs.

 

Your sister is perfectly within her rights to make was is called a "chargeback" on her credit card for a number of reason. Payment was made under extreme duress ( false allegations of your arrest) for starters and the amount taken from her card was not what had been discussed ( £1,000).

 

 

 

I have send you a private message and will provide as much help as I can.

[ploddertom]

Absolutely dreadful and can really appreciate how you feel re health problems as had similar in past and know how easy an attack may be brought on.

 

Plan for tomorrow

 

1. Contact Council & find out how much Liability Order was for, how much still outstanding & when it was given to the Bailiffs.

 

2. Complain to the Council in the strongest possible terms about their "Agents" despicable actions. Follow up with letter.

 

3. Email Bailiff Company and again complain strongly about their Bailiff's actions. Follow up with letter.

 

4. Ask Bailiff Company for statement of your account including screenshot. If they ask for £10 tell them to do one as this is not a request for personal data under Data Protection. They are obliged to give you this.

 

5. Ask Bailiff Company for information of which Court(s) Bailiffs are Cerificated at as you will be submitting Form 4 complaint about their behaviour.

 

6. Although they may have tricked their way into the house any levy they have made could still be seen as lawful unless of course they have levied on exempt goods. Is it possible you can list them on here?

 

7. Your sister needs to check with her card company about the amount they have taken, this needs to be checked with your receipt. Because this is not your sister's bill and she was coerced/duped into paying an amount which differs from that you have a receipt for then she should set about doing a chargeback on her card.

 

8. make a complaint to the local plod as these two are obviously using dubious methods and mis-representing their powers.

 

9. I believe some has already mentioned the status of the business - see that one through.

 

10. You say the debt is 10 years + - is this the first you have known of this.

 

11. If any hassle with the Council move up the ladder - top of the tree is Chief Executive - explain press are very interested as to how their "Agents" operate.

 

In the meantime get plenty of rest.

 

PT

[layer_cake]

hi CD,firstly, I hope you are feeling better than you did. This is a most appalling way to treat you and shows how cold blooded and downright dishonest some of the snakes can be. They have no feelings or ethics at all. Wishing you well. There may have been other breaches too, for example the Fraud Act. Whoever is behind this (whichever company) needs to be brought to book and I am sure will be. Defo consult your MP too as there is an ongoing campaign to keep Parliamentarians aware of how bad this problem is.

 

Best wishes to you.

[kiptower]

another interesting point you quoted "ten years old for a failed business" what address was that from , has the company closed / gone bankrupt etc.

 

they may have had no legal right whatsoever to come to your private dwelling to enforce it in the first place,

 

the age of this may well be very important to when the Council obtained the original court order etc,

 

Tomtubby may well be covering this for you , but its food for thought

 

whatever happens I hope you go all the way with this those two must pay for what they have unlawfully done, and hopefully have their tickets removed for life

[twonames]

CD it seems strange they claimed to be there to arrest you and then gave you walking possession, this seems od, they should have either been there to execute an arrest warrant or levy distress not both.

 

You need to find out from the council what authority they had to be there.

 

If they where there with an arrest warrant only, then the walking possession is not valid.

Edited January 11, 2010 by twonames

[Completely desperate]

Ploddertom. Pra 6 on your post, they didn,t leave me with a list of goods just a receipt saying goods. Thanks again to all who have posted, it is really appreciated.

[ploddertom]

Ploddertom. Pra 6 on your post, they didn,t leave me with a list of goods just a receipt saying goods. Thanks again to all who have posted, it is really appreciated.

 

If that is indeed what they have done then the levy will be seen to be invalid and any associated charges will have to be removed/refunded.

 

In my opinion you have been done over big style and believe with the help of everyone here we can overcome these con men and hopefully put them out of business. It makes one wonder how much of anything the company they represent know and allow.

 

Please keep us posted.

 

PT

[Completely desperate]

HI Kelcou, In your post " and explain the problems and your experience and that these two good visitors were told plainly you were ill, that you showed them the blood you were coughing and they didn't care." They stood there and watched me getting all my tablets together to take with me to the police station.

CD

[Surfer01]

Ploddertom. Pra 6 on your post, they didn,t leave me with a list of goods just a receipt saying goods. Thanks again to all who have posted, it is really appreciated.

 

Can you tell us if the failed company was a limited company or just a sole trader as that is very important?

[fluffy_bunny]

Had to use my Angina spray in front of them too. KC. God I feel such a fool now, it just eats away at you.

 

DON'T - people on here will help you sort this, they have behaved in a disgusting manner and need reporting and action being taken against them

 

Which bailiff company was this?

[Completely desperate]

Hi S01 it was as a Sole trader.

[RaeUK]

CD, One of the main complaints on this site is that people like tomtubby take the case 'offline'. Tbh, thats no problem really. There are personal factors that need to be taken into consideration. In your case, you were treated so absymally that people like myself remain in abhorence. I hope you can keep us informed.

Rae x

[Completely desperate]

I can see that KC. From verbal complaint to the council the way things appears to stand at the present is that the council dont appear to be phrased at all about the conduct of their agents. In fact applauded their results. Refuse to take it back off the bailiffs next stage under way formal letters of complaint. Verbally stated have brought it all on myself, they have bent over backwards for me.

[tomtubby]

CD, One of the main complaints on this site is that people like tomtubby take the case 'offline'. Tbh, thats no problem really. There are personal factors that need to be taken into consideration. In your case, you were treated so absymally that people like myself remain in abhorence. I hope you can keep us informed.

Rae x

 

Sadly, it is a reflection of the success of this site that is the problem in that so many bailiffs ( and indeed local authorities) now view these posts on a regular basis. Because of this, if there is a complaint so serious as this one I have relied upon a private message so that I can provide some assistance and help with a formal letter of complaint and this is what is being done.

 

What I can say is that once again the local authority have taken the view that "apparently" their bailiffs are "very professional people" and that we "rarely ever receive complaints about them" and that the council had bent over backwards to accept nominal payments and that not only will they not be remitting the debt....they refuse to take it back from the bailiff company.

 

A complaint is being sent to the Chief Executive and being marked "formal complaint" and that way if the local authority do not respond in the way that is expected, the complaint can be escalted to the Local Government Ombudsman.

[bobzillauk]

1) Get your sister to charge it back, for fraud purposes.

2) Any Self employed, sole trader debt, is only valid for 6 years, so after 10 years what they are doing is illegal.

3) Seek legal advice, with action to sue the bailiff firm, for duress and stress for a debt that can't be collected.

 

No bailiff can get an arrest warrant for non payment. A bailiff needs permission from the county courts to collect the debt, if you stop him from collecting goods to the value, then he can ask the police to attend, only to keep the peace.

 

No court in the UK would of asked the bailiffs to come, if the debt is over 6 years old. It becomes non enforceable.

 

I think you have been duped by professional fraudsters, looking through the online gazzettes for judgements not paid, and took advantage of you because of age etc.

 

Advice seek full legal action, and if fraud notify the police.

[Completely desperate]

Thank you to those of you who suggested talking to the police,

Guess what they say No criminal offence was commited.

 

 

No to demanding Money with menaces,

No to false statements,

No to everything.

 

 

BUT if OFT or some other body could show it was criminal they may think again.

 

 

When I said " what if I had suffered an attack and died would that still not be an offence" reply

 

 

"Now your being silly"

I have however got as far to have received a log in number,

regarding complaint but no action will be taken on their part.

 

I really feel disheartened more than I can say,

 

 

my angina attacks are more frequent than ever and I just feel "just what's the point."

 

Thanks again to you all, I wish you well, and hope at some time or other we can "put life back into living"

Affectionately Yours

Norm (CD)

[caledfwlch]

Thank you to those of you who suggested talking to the police, Guess what they say No criminal offence was commited. No to demanding Money with menaces, No to false statements, No to everything. BUT if OFT or some other body could show it was criminal they may think again. When I said " what if I had suffered an attack and died would that still not be an offence" reply "Now your being silly" I have however got as far to have received a log in number, regarding complaint but no action will be taken on their part.

I really feel disheartened more than I can say, my angina attacks are more frequent than ever and I just feel "just what's the point."

Thanks again to you all, I wish you well, and hope at some time or other we can "put life back into living"

Affectionately Yours

Norm (CD)

 

Go to the Police Complaints Department.

 

They will continue to get away with helping their bailiff friends until enough people cause enough of a fuss with the Complaints Dept. And frankly if an officer is refusing to take the crime seriously simply because it was committed by a Bailiff, then he needs the Complaints breathing down his neck, of such things are careers ruined.

 

After a couple of police officers get sacked, or prosecuted for their refusal to deal with criminal offences committed by Bailiffs, or for assisting them as uniformed debt collectors, as has happened in a few threads here, THEN we will see the Police come on side. We need to concentrate their minds.

 

Independent Police Complaints Commission Home Page

 

Its not up to some muppet at the front desk to tell you if you are a victim or not, its their job to investigate it, no matter who committed it.

[ploddertom]

Sorry if I appear hard hearted here but from what I see the only thing the Bailiff did wrong was to misrepresent his powers. I think pointless chasing the Police but time would be better off spent chasing Bailiff company and Council for further details on your account. That doesn't stop you putting a Formal Complaint to the Council over the Bailiff's dubious methods. In particular involve your local Councillor as I'm sure he wouldn't like to see his beloved Council splashed around the press.

 

PT

[Completely desperate]

HI PT,

Recent post showed Council applauded actions of the bailiff, "at least he got the money" and refuse to investigate or take account back of bailiff.

[ploddertom]

HI PT,

Recent post showed Council applauded actions of the bailiff, "at least he got the money" and refuse to investigate or take account back of bailiff.

 

 

Depends upon who in the Council you have spoken to, if it is those at the fromnt desk then they would say that as they are not allowed to make decisions or deviate from any script they are given. You need to be further up the food chain. If this comment has come from higher up then you would need to make a Formal Complaint to the Chief Executive.

 

PT

[Completely desperate]

HI, PT post before should have read Back off Bailiffs, I put back of bailiffs, I can see what you mean now "elaborate" LOL,. My god first time I,ve smiled for a week or more.

Thank you PT

Norm