Bailliff seized company car. Help!

[kbdavies]

We also asked to see the warrant - He refused. He said he would provide the warrant AFTER the vehicle has been towed. We asked to see his I.D, he also refused.

[High Court Enforcer]

OK, back on track.

 

You have every right to challenge the bailiffs fees via taxation (detailed assessment) in court. If you believe his actions are illegaly you can also issue a Form 4 compalint against the individuals certificate.

 

In my honest opinion and given what information you have provided the fees do not seem that unreasonable and his actions were legal. You must remember the bailiff is there for goods not money. He could have taken the car immediately and not waited the 3 hours in the hope of payment.

 

The car may be taken straight to the auction but would not be sold for at least 5 days.

 

A copy of his Notice of Seizure (may include inventory detailing the vehicle) and the warrant should have been left with you.

 

Many Bailiffs are self employed so dont be surprised if he does not work directly for the company.

 

With regards to the DPA, your details were on the warrant issued by Northampton Bilk Centre. Nothing illegal about that.

 

Good luck all the same.

 

PS - Gezwee, this is nothing to do with HCEO fees, this is Certificated Bailiff work. Fees are the same for Self Employed or Employed Bailiffs...

[hallowitch]

The bailiff arrived early one morning showed me a Notice of Seizure, and demanded payment

 

was this a notice of seizure & inventory levying the car did you receive a copy of this at the time of the levy

[twonames]

I originally came here because I had received several template letters that were being offered by a poster on this forum.

 

It became very clear that much of what was being advised was incorrect.

 

I personally know of several cases where the comments and suggestions of certain posters actually cost consumers money.

 

Since then, I have been fairly active on here and whilst some 'haters' will disagree, I have given a lot of informative advice, especially regarding High Court Enforcement, a subject that many people are confused by.

 

Not everybody likes it, some just want a slanging match but the fact remains that I have educated many of your posters with my knowledge.

 

But yes, if 'Certificated Bailiff' wants to contribute, then they need to contribute and show some knowledge of the business not just direct people to the CAB....

 

 

Exactly my point about "CERTIFICATED BAILIFF"

 

Whats wrong with peole in the enforcement indusrty looking to forums such as this, to improve their Knowledge.

 

I have learnt many things from this forum, from the likes of HCE, TOMTUBBY, Nintendo and many others.

[twonames]

OK, back on track.

 

You have every right to challenge the bailiffs fees via taxation (detailed assessment) in court. If you believe his actions are illegaly you can also issue a Form 4 compalint against the individuals certificate.

 

In my honest opinion and given what information you have provided the fees do not seem that unreasonable and his actions were legal. You must remember the bailiff is there for goods not money. He could have taken the car immediately and not waited the 3 hours in the hope of payment.

 

The car may be taken straight to the auction but would not be sold for at least 5 days.

 

A copy of his Notice of Seizure (may include inventory detailing the vehicle) and the warrant should have been left with you.

 

Many Bailiffs are self employed so dont be surprised if he does not work directly for the company.

 

With regards to the DPA, your details were on the warrant issued by Northampton Bilk Centre. Nothing illegal about that.

 

Good luck all the same.

 

PS - Gezwee, this is nothing to do with HCEO fees, this is Certificated Bailiff work. Fees are the same for Self Employed or Employed Bailiffs...

 

The only issue wich is suspect is the previous visits.

[High Court Enforcer]

The only issue wich is suspect is the previous visits.

 

Fair point. Ask the bailiff company for the dates and times of all visits. Also ask if the vehicle used has a tracker and demand to see the information.

 

You cannot use a Subject Access Request as you are a company.

[kbdavies]

The bailiff arrived early one morning showed me a Notice of Seizure, and demanded payment

 

was this a notice of seizure & inventory levying the car did you receive a copy of this at the time of the levy

 

When i resisted him clamping the vehicle, he went back into his van, and filled out the SAME notice of seizure he initially showed me (I did not take it from him) to reflect his fees, the vehicle details, and the removal costs.

At no time did he show us the warrant, and when we asked, he went back to his van, fiddled about for a while, and came out, saying he would give it to us after the vehicle had been towed away.

[twonames]

Fair point. Ask the bailiff company for the dates and times of all visits. Also ask if the vehicle used has a tracker and demand to see the information.

 

You cannot use a Subject Access Request as you are a company.

 

 

Most companies use trackers incoporated in the agents phone, such as blackberry's ect, as companies hire vehicles and is easier to manage

[twonames]

When i resisted him clamping the vehicle, he went back into his van, and filled out the SAME notice of seizure he initially showed me (I did not take it from him) to reflect his fees, the vehicle details, and the removal costs.

At no time did he show us the warrant, and when we asked, he went back to his van, fiddled about for a while, and came out, saying he would give it to us after the vehicle had been towed away.

 

 

Sounds like he was inexperienced.

[seanamarts]

When i resisted him clamping the vehicle, he went back into his van, and filled out the SAME notice of seizure he initially showed me (I did not take it from him) to reflect his fees, the vehicle details, and the removal costs.

At no time did he show us the warrant, and when we asked, he went back to his van, fiddled about for a while, and came out, saying he would give it to us after the vehicle had been towed away.

Professionalism and conduct of the enforcement agent

 

Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor.

[seanamarts]

• Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods impounded in satisfaction of the judgement is proportional to the value of the debt and charges owed.
  

[seanamarts]

Sounds like he was inexperienced.

then he shouldnt be doing the job he is doing.

[twonames]

Thats the bailiff Industry for you.

Years ago you were given a days training and sent out to work, times have changed, you now get two

[MARTIN3030]

I bet a shelf filler at poundland gets more training than 2 days.

 

Given the responsibilities and duties a bailiff will go on to undertake,2 days is a scandal.

But probably goes some way in explaining the injustices and bad practices that we read about so much on these forums.

[twonames]

I bet a shelf filler at poundland gets more training than 2 days.

 

Given the responsibilities and duties a bailiff will go on to undertake,2 days is a scandal.

But probably goes some way in explaining the injustices and bad practices that we read about so much on these forums.

 

I wa joking MARTIN, most companies do the training over a long weekend

[MARTIN3030]

A long weekend ?

So 3 days then-still not enough.

 

Anyway now I must go.....I need to check my windows and move the snowman

[wonkeydonkey]

I wa joking MARTIN, most companies do the training over a long weekend

 

I am appalled to read this post...a long weekend to train someone..is it any wonder the industry is in such a mess..it takes me $ weeks to train staff to use the till in our shops and its not that they are thick its because my standards are very high..

 

WD

[seanamarts]

When i resisted him clamping the vehicle, he went back into his van, and filled out the SAME notice of seizure he initially showed me (I did not take it from him) to reflect his fees, the vehicle details, and the removal costs.

At no time did he show us the warrant, and when we asked, he went back to his van, fiddled about for a while, and came out, saying he would give it to us after the vehicle had been towed away.

something else for you to read that may help

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex345_web_0809.pdf

[seanamarts]

I wa joking MARTIN, most companies do the training over a long weekend

Under the Distress for Rent rules it states;

 

Granting of Certificates

5.—(1) The Judge or Registrar shall not grant a certificate to any applicant, (a) who fails to satisfy the Judge or Registrar, as the case may be, that

(i) he is a fit and proper person to hold a certificate, and

(ii) he possesses a sufficient knowledge of the law of distress;

 

How can anyone learn enough what needs to be known in just a weekend?

And for any Judge to grant a certificate on these basics should NOT be giving out these certificates willy nilly, without finding out first by either a written test submitted to the court or being tested there and then that the bailiff does indeed have sufficient knowledge of the law of distress;.

If the bailiff IS tested then its NOT ENOUGH. The whole systen should be looked at again, thoroughly.

[High Court Enforcer]

Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods impounded in satisfaction of the judgement is proportional to the value of the debt and charges owed.

 

FYI, if the only asset available is an aeroplane worth £5M then the bailiff could seize that for a £500 debt.

 

Also, the OP has given no details of the value of the car at present. If the vehicle is removed without keys and documents then even if the private resale value is £3000, at auction in early January I'd be surprised if it made more than £1500. Then you can take off £300 auctioneers fees so £1200 would be the realised value.

 

Therefore this could end up costing the OP £3k rather than the original £550 the bailiff was looking for.

[High Court Enforcer]

I wa joking MARTIN, most companies do the training over a long weekend

 

It was always 3 months training when I first started. I dont know if things have chnaged.

[twonames]

It was always 3 months training when I first started. I dont know if things have chnaged.

 

 

I was joking

[danboy381]

FYI, if the only asset available is an aeroplane worth £5M then the bailiff could seize that for a £500 debt.

 

 

 

Wrong advice. Whatda loada cobblers.... This could be challenged in the court as an 'excessive levy'. Challenged one myself this way and won. 5 million pound plane for 500 quid. Dream on son.

 

Whilst i'm on it HCE you also say that the bailiff is there for goods not money. Again, knowing a few bailiffs they would all disagree, taking goods is the last option, taking cash is far easier, quicker, and cost effective. You're telling me you would rather load and unload vans all day or take a wad of notes. Bit of a no brainer really isn't it.

 

Lastly, you may want to remove yourself from 192.com, as your home address is listed on there, if you search through occupation, 'certificated bailiffs', strangely enough, all the bailiffs are listed.

[seanamarts]

FYI, if the only asset available is an aeroplane worth £5M then the bailiff could seize that for a £500 debt.

 

Also, the OP has given no details of the value of the car at present. If the vehicle is removed without keys and documents then even if the private resale value is £3000, at auction in early January I'd be surprised if it made more than £1500. Then you can take off £300 auctioneers fees so £1200 would be the realised value.

 

Therefore this could end up costing the OP £3k rather than the original £550 the bailiff was looking for.

You obviously Dont follow what is set out by the National Standards for Enforcement Agents. It clearly states;

 

"Enforcement agents should take all reasonable steps to satisfy themselves that the value of the goods impounded in satisfaction of the judgement is proportional to the value of the debt and charges owed. "

 

I doubt the OP had an old banger for a company car, but I am sure he will clear this up when he returns to post.

And as for a bailiff taken a 3 million pound plane, thats just verging on the insanity, I could make a joke about that but I will hold back...

[danboy381]

No seanamarts,

 

it was a FIVE million pound plane, not 3, (its in the regs that they can't touch a 3 million pound plane for 500 quid debt), it HAS to be 5 million.

 

off to work now - oh dear gotta go thorugh North London again today.