No Employer Listed on Bailiff Certification Register

[TheWatcherxx99]

Hi,

 

I have just received a reply from the bailiff company currently bothering me.

 

In their letter they provided the bailiff's name and certification dates.

 

I checked the certification register online, the names and dates are correct however the employer field is blank.

 

This bailiff is working for Equita, surely the employer field should show "Equita"

 

- Does this mean this bailiff has been working illegally?

- Does this mean any charges applied for visits have been unenforceable/illegal?

- Is this a stick I can use to beat them with?

 

Advice would be appreciated.

Thanks for reading.

[ploddertom]

There are several scenarios of which the most common are:

1 - the Register is not up to date - you will need to ring the Court to find the current status

2 - he is working on a self employed basis in which case you need to ask the Council - I assume either Council Tax or Parking - that they allow their contractor to sub-contract - many do not.

[wonkeydonkey]

It probably means he is 'self employed' so if the debt he is chasing is anything other than a Court Fine or Council Tax that is ok.

 

There are only a few bailiff companies that are employed to work for the Courts and if he is collecting on behalf of the local authority the big question to ask is 'does their service level agreement permit the appointed bailiff company to outsource to self employed bailiffs? If not then he is acting illegally.

 

WD

[BRIGADIER2JCS]

Self employed definitely, subcontracting to a company nothing wrong in that I think.

[TheWatcherxx99]

The debt is for council tax owed to Sefton Council. He was certified at Burnley County Court.

[TheWatcherxx99]

It probably means he is 'self employed' so if the debt he is chasing is anything other than a Court Fine or Council Tax that is ok.

 

There are only a few bailiff companies that are employed to work for the Courts and if he is collecting on behalf of the local authority the big question to ask is 'does their service level agreement permit the appointed bailiff company to outsource to self employed bailiffs? If not then he is acting illegally.

 

WD

 

Can you tell me where I might find this information, thank you.

[wonkeydonkey]

Unless another cagger has already done so and has the answer to hand?....you will need to send a 'Freedom of Information'(FOI) request to the Council and ask for it. If it transpires the LA do not allow the company they have engaged to 'sub contract' then they can go whistle dixie for any fees they have applied to your account as the bailiff did not have the right to enforce the LO.

 

If you have arrears to CT then you should work out ehat you can afford and start to pay the Council direct using their online payment facilities on a regular basis eg; £5 a week every Thursday..that will soon give you a history to not being a 'wont pay' and it stops the matter being taken to committal proceedings.Help is at hand here on cag, if you want to give a bigger picture to your problems caggers will steer you in the right direction.

 

WD

[TheWatcherxx99]

Unless another cagger has already done so and has the answer to hand?....you will need to send a 'Freedom of Information'(FOI) request to the Council and ask for it. If it transpires the LA do not allow the company they have engaged to 'sub contract' then they can go whistle dixie for any fees they have applied to your account as the bailiff did not have the right to enforce the LO.

 

If you have arrears to CT then you should work out ehat you can afford and start to pay the Council direct using their online payment facilities on a regular basis eg; £5 a week every Thursday..that will soon give you a history to not being a 'wont pay' and it stops the matter being taken to committal proceedings.Help is at hand here on cag, if you want to give a bigger picture to your problems caggers will steer you in the right direction.

 

WD

 

Thanks very much for your answer WD. I'm dealing well with this matter at present. I have been here before and I'm using experience gained in that time. I sent a letter to the bailiff's concerned requesting dates, times etc of all charges by recorded delivery purely as a delaying tactic. I have been parking my car away from home and ensuring all doors and windows are locked. I have also sent an embellished woe is me letter to the council telling them of my reasons for not paying and desire to deal with them directly along with the dates and amounts I intend to pay them. I'm going to use their online payment system to pay them exactly on time, even if they tell me to deal with the bailiffs concerned, and I'm going to keep doing that until they accept it.

 

I have one query. If the council officially take back the debt, can the bailiff company clamp my car in order to get me to pay their costs??

 

Last time I went down this route I didn't own a vehicle so I wasn't worried about being clamped. Jacobs sent me several letters asking for their costs by after a few months they gave up. I'm just wondering where I stand if the Equita try clamping me to demand the £42.50 they have added on to this debt.

[wonkeydonkey]

Thanks very much for your answer WD. I'm dealing well with this matter at present. I have been here before and I'm using experience gained in that time. I sent a letter to the bailiff's concerned requesting dates, times etc of all charges by recorded delivery purely as a delaying tactic. I have been parking my car away from home and ensuring all doors and windows are locked. I have also sent an embellished woe is me letter to the council telling them of my reasons for not paying and desire to deal with them directly along with the dates and amounts I intend to pay them. I'm going to use their online payment system to pay them exactly on time, even if they tell me to deal with the bailiffs concerned, and I'm going to keep doing that until they accept it.

 

I have one query. If the council officially take back the debt, can the bailiff company clamp my car in order to get me to pay their costs?? No but they can claim the legitimate costs to having enforced, and they are likely to be paid those by the Council FIRST unless you have called them into question???

Last time I went down this route I didn't own a vehicle so I wasn't worried about being clamped. Jacobs sent me several letters asking for their costs by after a few months they gave up. I'm just wondering where I stand if the Equita try clamping me to demand the £42.50 they have added on to this debt.

 

To get around this you can send Equita the fees they are entitled to separately (first/second visit total £42.50) and advise the Council you have done exactly that..then all your payments to the Council will come straight off the LO?....and thats the bailiffs thwarted and stops the usual demands.

 

WD

[ploddertom]

Have a read of the Council's SLA with the Bailiffs http://www.consumeractiongroup.co.uk/forum/showthread.php?367000-Sefton-Council-s-Code-of-Practice-for-Bailiff-Services&p=4001113#post4001113

[wonkeydonkey]

Have a read of the Council's SLA with the Bailiffs http://www.consumeractiongroup.co.uk/forum/showthread.php?367000-Sefton-Council-s-Code-of-Practice-for-Bailiff-Services&p=4001113#post4001113

 

Thanks PT ..that will save the OP a lot of time and allow them to progress their case.

 

WD

[Jamesx81x]

Hi TheWatcher

 

Could you PM me the name of the bailiff as it all sounds very familiar and same court too : )