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I am posting this question for a friend of mine.

 

Her son opened a hand delivered letter this morning - it was a WPO on his car against a county court order issued by Bristol County Court. He phoned the number and spoke to the bailiff and was told that he would need to prove that he is not the person who owes the debt.

 

It turns out that the bailiff visited No 2 Acacia Avenue and not number 5 (road name changed!)!!!! The bailiff later phoned to say there had been an admin error. There was no apology what so ever.

 

I have drafted (after phoning the court) a letter of complaint for her and just want to ensure I have some details correct - by writing a WPO on an asset of a third party has the bailiff done anything illegal? I assume that had he removed the car it would have been theft? Also on the basis that the WPO has the defendant's name and financial details on it is there a data protection case too?

 

Any suggestions?

 

Many thanks.....

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Was it a private bailiff company or a County court bailiff? techbically if they take the wrong motor, in full knowledge it is not the debtors property than that would definitely be theft, otherwise if there was no mens rea, as in they thought they had the right house, but failed to check the vehicle with DVLA, then they would be liable for the ommission imho,

 

Send in that Formal Complannt to the bailiff and the creditor.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Thanks for the reply. The bailiff is employed directly by the court - when I phoned the court they confirmed this.

 

I'm just astonished that there was a mix up between the number 2 and 5!!! AS you can imagine my friend and her son were very shaken up by this!

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Thanks for the reply. The bailiff is employed directly by the court - when I phoned the court they confirmed this.

 

I'm just astonished that there was a mix up between the number 2 and 5!!! AS you can imagine my friend and her son were very shaken up by this!

Send tha complaint letter to the court stating the distress caused and the flippant way the bailiff said wrong house with no proper apology. Luckily it wasn't a private certificated bailiff from say Jacobs or Crapquita, they may have clamped the car and demanded you pay to have it released whilst they investigate. County Court bailiffs are usually more ameanable as they are salaried rather than on bonus.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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As this is County Court bailiff you can be ASSURED that he would NOT have removed the car at all. This is because, all county court bailiffs must adhere to very strict procedural guidelines ( a copy of which I have from an FOI request).

 

Before removing a motor vehicle a telephone call has to me made to HP Information Plc to ascertain whether the vehicles is subject to finance and most importantly, a request must then be made to DVLA for keeper details. Such a request must be referred to a separate company who have a contract with HMCS. Such a search will take a few days.

 

PS: I am not sure whether this company still have the contract with HMCS for DVLA enquiries. If HCEO knows perhaps he could post back.

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