Secretly filmed baillif officer - shocking behaviour

[dx100uk]

and if you ca 'set up a payment plan'

 

as you state

 

then just pay the council direct via internet banking

 

dx

[Kraljski]

What a power trippin' hungry woman.

Shame that both you & your partner have been put through an ordeal.

Is there not anyway the council employee can not forward the original email to you also as evidence?

[brassnecked]

What a power trippin' hungry woman.

Shame that both you & your partner have been put through an ordeal.

Is there not anyway the council employee can not forward the original email to you also as evidence?

 

A SAR may reveal the e'mail, but once the council realise what their agent the bailiff has done, it will probably be "accidently" deleted

[Vicki202]

Wow well done on the vid my personal opinion would be complain to her employers and the council sending copys of the vids also send a copy to your local mp if nothing gets done you can go further and i would well done and hope you get it resolved

[toofiegap]

OMG just watched this what a nasty peice of work, how you managed to restrain yourself is beyond me, I would have been before a judge for GBH.

 

I hope she loses her licence, job and everything that goes with it. She does not deserve to have any kind of job with authority .

 

BTW I like tattoos I have a few myself but they are descrete and tasteful whats going on with hers reeks of I am a tough B**** cos I have ink

[queensclose]

Isnt an Inventory invalid anyway if it is not signed, and the Bailiff does not remove goods on the visit?

 

Does it say refused to sign

[martin g]

Fraud act 2006

 

Fraud by false representationE+W+N.I.

This section has no associated Explanatory Notes

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss.

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

I would go to the police and make a complaint under the above.

Hoever, as their pay comes from the rates i bet they don't give a toss.

 

Martin g

[Vicki202]

I agree martin they more than likely wont care but i would push this one it took me alot to get the police done for helping a bailiff and the bailiff but i have pushed and kept up the fight and i am now getting there so i would agree to report it her behaviour was bang out of order and the fact the vid is there is the proof you need

[Mrs E Blackadder]

What an absolutely ignorant woman. I hope she loses her job. Just imagine if she behaved like that towards someone very vulnerable, maybe with mental health problems or someone at home on their own perhaps with children around.

 

The more this kind of thing is brought into view for everyone to see, the less 'power' people like her have to wield. I really hope you get this sorted. Could the council give you something in writing to confirm that they did actually send the email to the baillifs?

[Vicki202]

When i asked for a subject access request i got all emails and everything that was any that had my names on either to the council and from and ons that council had sent to bailiffs and between each other might be worth asking

[itsacroissant]

Quick update, we went to the council office and explained everything. The person I spoke to wasn't the right person to speak to in regards to this woman's behaviour but she did confirm that the email had been sent and that Bristow & Sutor HAD received it. We've managed to reinstate the payment plan so that the debt is spread over 12 months. Now that the debt and repayment is pretty much sorted, we're going to focus our attention on making sure Bristow & Sutor are made fully aware of what this woman did, then consider our options.

 

If we don't get an adequate response/apology, we'll definitely take it further.

 

Thanks again for everyone's advice.

[brassnecked]

Quick update, we went to the council office and explained everything. The person I spoke to wasn't the right person to speak to in regards to this woman's behaviour but she did confirm that the email had been sent and that Bristow & Sutor HAD received it. We've managed to reinstate the payment plan so that the debt is spread over 12 months. Now that the debt and repayment is pretty much sorted, we're going to focus our attention on making sure Bristow & Sutor are made fully aware of what this woman did, then consider our options.

 

If we don't get an adequate response/apology, we'll definitely take it further.

 

Thanks again for everyone's advice.

 

You need to take it further right now, as there is no excuse tor Bristow & Sutor's behaviour, the council are WHOLLY RESPONSIBLE for the bailiff so get those letters and emails to CEO, Council Leader, Councillor and MP, to highlight how agents of the council are operating, by flouting regulations and good practice to fleece people who need support not punitive debt caused by bailiffs fees.

[hallowitch]

Quick update, we went to the council office and explained everything. The person I spoke to wasn't the right person to speak to in regards to this woman's behaviour but she did confirm that the email had been sent and that Bristow & Sutor HAD received it. We've managed to reinstate the payment plan so that the debt is spread over 12 months. Now that the debt and repayment is pretty much sorted, we're going to focus our attention on making sure Bristow & Sutor are made fully aware of what this woman did, then consider our options.

 

If we don't get an adequate response/apology, we'll definitely take it further.

 

Thanks again for everyone's advice.

 

personally i think this should be a form 4 complaint as she is clearly not fit to be be a bailiff

 

your levy is also unlawful as she cant levy the same goods twice she should not have charged a redemption fee

 

can you tell me what goods she levied as it looks as if she never left your sitting room goods levied must cover all bailiff fees removal fees storage fees auction fees and a percentage of the debt

there is also a list goods that are exempt from seizure

[Vicki202]

If not for some satisfaction for yourself think of the people she could carry on doing this to you have a simple measure to put a stop to it as you already have it on vid she will be crapping herself knowing you have that

[brassnecked]

If not for some satisfaction for yourself think of the people she could carry on doing this to you have a simple measure to put a stop to it as you already have it on vid she will be crapping herself knowing you have that

 

Exactly right vicki202, there is prima facie evidence of wrongdoing, and letters plus a Form 4 seem right.

 

It would be good for tomtubby to post her thoughts as well, as this is bailiff behaviour at it's worst.

[hallowitch]

totally agree with the above 2 posts this person is a bully and will have done this before and will do it again and again and again until she is stopped Ive put a link to this thread on here to see if this is the same bailiff

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?304080-Bailiffs-just-been...what-a-mess-(/page2

 

http://www.dca.gov.uk/enforcement/agents02.htm

 

 

 

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.
  
• Enforcement agents must act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out enforcement. They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act.
  
• Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods. The enforcement agent will produce an inventory of the goods seized and leave it with the debtor, or at the premises, with any other documents that are required by regulations or statute.
  
• Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.
  
• Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.
  
• Enforcement agents must not discriminate unfairly on any grounds including those of age, disability, ethnicity, gender, race, religion or sexual orientation.
  
• In circumstances where the enforcement agency requires it, and always where there have been previous acts of, or threats of violence by a debtor, a risk assessment should be undertaken prior to the enforcement agent attending a debtor's premises.
  

[seanamarts]

Who are you paying the debt off too?

Are the charges still standing?

Did you get this in writing?

I am glad you got it sorted, but please dont leave it there.

You must complain to the manager of the benefits and revenue dept in writing, they are wholly responsible for their acting agents. If you are not satisfied at their answer then you need to make a formal complaint to the chief executive of the council. If you do decided to make a form 4 complaint make sure you exhaust all complaint procedures first.

[hallowitch]

and if the local authority uphold your complaint you make dam sure that they send a form 5 to the court that she was certificated at http://www.lacef.org.uk/documents/bailiffguidesept06.pdf

 

 

check here

http://www.consumeractiongroup.co.uk/forum/showthread.php?210956-On-line-search-to-check-if-a-Bailiff-is-Certificated.....

[regan11]

I agree with everybody. You must continue to persue this. This woman will continue to behave like this if you don't. Just athought, but have you considered getting in touch with the media? I'm sure they'd love a story like this.

[tomtubby]

The videos do not make pleasant viewing at all and I would be surprised if the council did not take this matter further.

 

As many people on CAG know, I have a commercial business dealing with bailiff enquiries from the public and I now do advise that a person should seriously think twice before allowing a bailiff to have to have access into their home.

 

You should also ask for confirmation as to whether the council have permitted the bailiff company to charge a "redemption of goods fee" of £24.50 . If so...why!!

 

Final small point, it would appear that the bailiff was parked on double yellow lines. Is this correct?

[Vicki202]

Oh nice pick up on the double yellows LOL

[itsacroissant]

I will send formal complaints to everyone mentioned and chase it up as much as I can. Thanks again for all the advice. My girlfriend phoned the national debt helpline and they have said that although a new payment plan has been set up by the council and bristow & sutow have agreed to it, they cannot guarantee that baillifs will still come and take the stuff they've levied, they just say it's unlikely. Does anyone have any experience with something like this? my girlfriend is incredibly worried that they will still force there way into the property, as they legally have the right to now since I let the woman in yesterday. She's also emailed them in regards to making a complaint and telling them we have videos to prove bad behaviour, this may just wind them up more - the woman also clearly has a vendetta and wants see us punished. Is it possible? I'm going to go the council office again tomorrow to see if I can find out more - the woman in the council office this morning seemed to imply that everything will be ok but we didn't think to ask her specifically about this as we assumed it would be ok, too. Also the helpline suggested that we officially registermost of the stuff in the property is hers as this is the case and she isn't liable in any way because she's a student. He mentioned some form of protocol for doing this which I think involves going to court and swearing on outh that it's hers (she doesn't have reciepts for most of the stuff - who does?) and it costing something like 8-10 pounds? does anyone know anything about this either?

Edited May 5, 2011 by itsacroissant

[brassnecked]

The videos do not make pleasant viewing at all and I would be surprised if the council did not take this matter further.

 

As many people on CAG know, I have a commercial business dealing with bailiff enquiries from the public and I now do advise that a person should seriously think twice before allowing a bailiff to have to have access into their home.

 

You should also ask for confirmation as to whether the council have permitted the bailiff company to charge a "redemption of goods fee" of £24.50 . If so...why!!

 

Final small point, it would appear that the bailiff was parked on double yellow lines. Is this correct?

 

As most councils only talk bailiff, might they try to aver their poor agent the bailiff was set up and support her?, or will they wake up smell the coffee and feed her to the lions.

[regan11]

As was pointed out earlier, they cannot levy on the same goods twice. This renders the levy invalid. You have no obligation to speak to the baliff ever again, let alone let her in.

Just pay the council online leaving the bailiffs impotent. A statutory declaration is easy. Just go to a solicitor swear an oath that all the goods in the house are your girlfriends sign the form, give the solicitor a tenner and voila job done.

[itsacroissant]

About the levy - the national debt helpline have said that only one of the levys is invalid due ot the same goods being listed twice. Also, how would it be clear to them that the levy is invalid - will I have to phone them to state it? they'll still force their way in with a locksmith before I have the chance to explain and they probably still won't listen once I have.