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Criminal case against debtor assaulting bailiff collapses (for info only)


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This was several months ago concerning one of my tenants who opted out of publicity but this is how I understand the events to have occurred.

 

He received a bailiff for a speeding fine for a nonexistent car (later discovered to belonging to a previous tenant and the offence was apparently speeding fine), the bailiff couldn’t find the car so knocked the door at 6am. Tenant answered through bedroom window upstairs, bailiff demanded he come down to the door.

 

The tenant opened the door and the bailiff wanted to gain entry to list goods inside, as the bailiff tried to pass the tenant standing in the door, the bailiff was head-butted by the tenant knocking two front teeth out.

 

Police arrested the tenant and charged him with ABH. Case went to court but he was cleared. His defence was the bailiff made a sudden movement towards the tenant who instinctively reacted in self defence.

 

The tenant is now speaking to lawyers about a civil claim against the police for false arrest and the bailiff company for extortion and blackmail. The grounds of the claim is the police officers at the scene were aware the tenants actual name and knew it was different from the name the bailiff claimed he was called, but police gave a different account of this in their written statements which gives rise to alleged corruption.

 

I thought I would share that little gem with you all. I’ll update when litigation completes.

Professional property investor and conveyancer

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Hi fork-it,

 

I hope the tenant is successful, only a personal opinion. The bailiff and police out of order.

Did it take place in Glasgow?

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This was several months ago concerning one of my tenants who opted out of publicity but this is how I understand the events to have occurred.

 

He received a bailiff for a speeding fine for a nonexistent car (later discovered to belonging to a previous tenant and the offence was apparently speeding fine), the bailiff couldn’t find the car so knocked the door at 6am. Tenant answered through bedroom window upstairs, bailiff demanded he come down to the door.

 

The tenant opened the door and the bailiff wanted to gain entry to list goods inside, as the bailiff tried to pass the tenant standing in the door, the bailiff was head-butted by the tenant knocking two front teeth out.

 

Police arrested the tenant and charged him with ABH. Case went to court but he was cleared. His defence was the bailiff made a sudden movement towards the tenant who instinctively reacted in self defence.

 

The tenant is now speaking to lawyers about a civil claim against the police for false arrest and the bailiff company for extortion and blackmail. The grounds of the claim is the police officers at the scene were aware the tenants actual name and knew it was different from the name the bailiff claimed he was called, but police gave a different account of this in their written statements which gives rise to alleged corruption.

 

I thought I would share that little gem with you all. I’ll update when litigation completes.

 

 

I am surprised that the CPS even gave the "go ahead" on a case such as this. I would strongly suggest that the bailiff company be required to prodcue a copy of the Screen Shot of the account as this would show whether they had "data cleansed" the warrant BEFORE the bailiff visit. This would establish whether the bailiff company knew in ADVANCE that the person whos name was on the Distress Warrant had moved address.

 

In addition, with Magistrates Court enforcement MOJ awarded Contracts to only a few companies and under the terms of this they allowed the firms to use UNCERTIFICATED bailiffs for a period of up to 6 months. Therefore has the tenant checked to ensure that the bailif either was certificated at the time of the offence or is certificated now?

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I dont know what kind of bailiff it was, I am only the landlord, the property freeholder and I wasnt contacted to see if there has been change of tenant. However, a firm of solicitors did do a Land Registry search on the property itself which revealed me (my company) to be the freeholder. This type of lookup is only done as preliminary step before making an applicaiton to apply for a charging order.

 

If the bailiff or solicitor actually had a brain, they could have just asked me where to find the man they are looking for, and I would point them in the direction of Dartmoor Prison. I dont think asking for a screenshot would have solved anything, verifying the identity of their debtor is neither mine nor my tenants problem.

Professional property investor and conveyancer

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