bailiff took my work van and tools.

[Voxter]

who reads that **** lol. no bailiff i know

[babybear39]

Well perhaps if enough people complained about it they might be made to

[Thegreenpimpernel]

Just for record, back in the days when it was a well run family firm (prior to CCS' collections acquisition) Birchalls bailiffs Ltd actually used to issue guidance on the back of their distress warrents stating that tools could NOT be taken unless the debt related to non domestic rates.

[tomtubby]

Am I right that it has taken over 2 months to get a response from ACEA ?

[skiton]

Am I right that it has taken over 2 months to get a response from ACEA ?

 

It has taken over 2 months but not without contact. I first wrote to the ACEA 20th July. I received an acknowledgement within the appropiate time, then a request for further info (2nd Aug) then a letter stating that they were waiting for a report from JBW. In my response 2nd Aug I sent copies to ACEA of reply I had from JBW,. statement from bailiff, breakdown of charges etc. In the final letter received from ACEA (21st Sept) they sent me copies of the report they received from JBW and it was exactly the same thing I had already sent to ACEA on the 2nd Aug.

I am now waiting for a reply (27th Sept post above) gave them 7 days in which to responed.

 

In my original complaint to JBW/ACEA I made a referrence to 'Culligan v Marstons' case, in the reply from ACEA 21st Sept they stated as follows:

I do not believe that this case is of any assistance to you for the following reasons:

1. That case is a county court case which has no binding effect on any other court.

2. That case predominantly centred upon a charge made from immobilisation which did not happen in your case. (I don't no this for sure, the vehicle could have been clamped while the bailiff was waiting for the tow truck).

3. One of the other features of that case was that the bailiff was found not to have allowed any time for payment between seizure of the vehicle

and its removel. My understanding of your case was that you had the opportunity to pay before the removel of your vehicle but the part payment you offered was not acceptable. (when I returned home the tow truck was already there and the rear wheels of my van were already off the ground. Could this be that the vehicle had already been seized before I was given the opportunity to pay.)

 

Skiton

[skiton]

Can anyone help. I am now in the process of taking court action and done a search on the certified bailiff register, but the bailiff concerned in my case does not appear. In the response from JBW they claim that the bailiff no longer works for them.

 

Skiton

Edited October 12, 2010 by skiton

[hallowitch]

send tomtubby a PM if you need help she is the best person to help you if you are taking court action against JBW

 

 

 

If you phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355 they will confirm if xxxx has ever been a bailiff with JBW(or if he has ever been certificated as a bailiff) and the dates of his employment with them

[skiton]

send tomtubby a PM if you need help she is the best person to help you if you are taking court action against JBW

 

 

 

If you phone the Ministry of Justice Public Register of bailiffs on 020 3334 6355 they will confirm if xxxx has ever been a bailiff with JBW(or if he has ever been certificated as a bailiff) and the dates of his employment with them

 

Just called the Ministry of Justice and they confirmed that the bailiff concerned is regisiterd as a self empolyed bailiff.

[hallowitch]

Just called the Ministry of Justice and they confirmed that the bailiff concerned is registered as a self employed bailiff.

 

 

now you need to get in touch with the council and find out if they allow there contractors JBW to use self employed bailiffs

 

 

a lot of councils have it written into there contract that the bailiff firm cant use self employed bailiffs

 

have you named the council as joint defendants as you should be taking both JBW and the council to court

 

 

can someone advise if the op can send a freedom of information request to the council for a copy of this contract I THINK i have seen tomtubby refer to it as a service Level agreement

[skiton]

Will contact the council tomorrow.

[lizziekwitta]

Yes, the council will provide their service level agreement / Code of conduct for bailiffs. Makes interesting reading and in my case did say no subcontracted bailiffs which I would read as no self employed either.

 

You must include the council as co defendant and would also make a formal complaint, escalate through their stages and then take it to the Government ombudsman who will take notice of it.

[skiton]

Yes, the council will provide their service level agreement / Code of conduct for bailiffs. Makes interesting reading and in my case did say no subcontracted bailiffs which I would read as no self employed either.

 

You must include the council as co defendant and would also make a formal complaint, escalate through their stages and then take it to the Government ombudsman who will take notice of it.

 

Called the council today, and they have requested that any info I need has to be made in writing, so a letter is in the post today.

 

Skiton

[lizziekwitta]

You must put in the letter that you are requesting it under the Freedom of Information Act or they will duck and dive and avoid the issue.

[skiton]

You must put in the letter that you are requesting it under the Freedom of Information Act or they will duck and dive and avoid the issue.

 

I have included that statement.

[skiton]

Update. Well it's taken a long time but finally had a reply from the ACEA. They cannot find any grounds upon which to uphold my complaint, due to the fact that there was no signs on the van to indicate that the vehicle was a trade vehicle and that no tools were visible inside the vehicle and that the vehicle is insured for both bussiness and social, domestic and pleasure purposes, indicates that the vehicle is not an exempt vehicle.

So before I proceed with court action I have written again to the ACEA to ask them to provide any legal information that requires my van to be sign written in order for it to be classed as a trade vehicle, and also to explain how the bailiff could not see any tools or equipment inside a locked vehicle that has no windows.

 

Well time has passed and as expected the ACEA have not replied to my request above. Gave them 7 days in which to reply and it has now been over 2 weeks so will now continue with court action once a hear back from the local authority concerned.

[skiton]

Who am I actually taking to court, the bailiff or the bailiff company.

 

Thnaks

[skiton]

Just called the Ministry of Justice and they confirmed that the bailiff concerned is registered as a self employed bailiff.

 

 

now you need to get in touch with the council and find out if they allow there contractors JBW to use self employed bailiffs

 

 

a lot of councils have it written into there contract that the bailiff firm cant use self employed bailiffs

 

have you named the council as joint defendants as you should be taking both JBW and the council to court

 

 

can someone advise if the op can send a freedom of information request to the council for a copy of this contract I THINK i have seen tomtubby refer to it as a service Level agreement

 

 

Letter arrived today 8th Nov and the council have confirmed that it does not allow its bailiff contractors to use self employed bailiffs.

 

So what does this mean, is the process (in my case) null and void and/ illeagal........

[ploddertom]

Have you advised the Council about the information you now have?

 

PT

[skiton]

Have you advised the Council about the information you now have?

 

PT

No not as yet, but will put something in writing to them soon, currently working away from home.

[skiton]

Called the Ministry of Justice today and they have no record of the bailiff ever being employed by JBW as far as they are concerned he is self employed.

[ploddertom]

Now is the time to get back to the Council with your information and ask what they propose to do. Don't forget it is their responsibility.

 

PT

[gasbo]

if the clamp has a lock on it then just drill it off..i did this with my van..Marstons returned and took back clamp and didnt return again..cost them about £12 for damaged lock..lol!

[honeybee13]

Hello and welcome to CAG.

 

I don't think we recommend doing that, gasbo, could cause further problems.

 

This thread is 9 years old, by the way.

 

Best, HB

[gasbo]

Hello and welcome to CAG.

 

I don't think we recommend doing that, gasbo, could cause further problems.

 

This thread is 9 years old, by the way.

 

Best, HB

 

well i did it and it didnt cause me any further problems...kept the lock as a souvenir...direct action is sometimes better than legalese nonsense

[BazzaS]

well i did it and it didnt cause me any further problems...kept the lock as a souvenir...direct action is sometimes better than legalese nonsense

 

Up until the point where you discover you were seen to do it, and get a conviction for criminal damage ......