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I'm after some advice today... 

I had a Bailiff visit today, regarding a court fine for a motoring offence.

I had the original judgement set aside at the end of January, as I had no knowledge of it.

I went to Court, swore an oath, and was retried for the original offence and fined.

I paid this fine within the agreed timescale. 

The Court said that the original fine and warrant would be cancelled. 

Today a Bailiff arrived at my address, to seek payment - the Court hasn't cancelled my original warrant. 

I wasn't in (I was 300 miles away!) and my landlords girlfriend let the Bailiff in, though he didn't have any ID on him (it was in the car, apparently).

I have a TV and an Xbox in the room I rent, and that's about it.

The rest of the equipment in the house self evidently doesn't belong to me. 

The Bailff has gone round the house, photographing various electrical items in my bedroom, and in the rest of the house

- my landlords girlfriend told him the situation, explained I'm only the lodger, and that the stuff in the house wasn't mine, other than what was in my room. 

He's told her, and me, that all of these good are subject to a Controlled Goods agreement.

She has no paperwork at all for this, has never seen any and wasn't given anything. It's just photos. 

Apparently they will be attending on Saturday to remove all good listed - we have no idea what they are, as there is no Agreement! 

What I'd like to know is

- does this sort of thing happen often, ie a Court not cancelling a Warrant properly?

Bailiff reckoned he'd not experienced it before, but then he's probably thinking I'm making it up I suppose.

I was very specific with him about what I'd done and when I'd done it, including dates of hearings and when I paid the new fine. 

I've phoned the Court Payments office, who could see what had happened.

He said he would lodge a Complaint on my behalf, as he could sense I wasn't happy about having a bailiff stamping around my landlords house, threatening to take stuff that isn't mine!

Not to mention the embarrassment of this happening in the first place. 

Said Bailiff also flat refused to speak to the Court to see whether I was telling the truth

- apparently that was my job to do, despite me pointing out that I'm not the person in the wrong here! 

So - has the bailiff acted correctly?

He's not offered Id, has not left a Copy of a Controlled Goods agreement, or offered a chance to sign one, or even attempted to fill one out, and he's threatened to take goods that plainly don't belong to me. 

Is it worth lodging a complain about the whole sorry a fair, and if so, who are the best people to complain to? 

I've included a text from the Bailiff, showing he's said he's taken control of goods. 

Sorry about the long post! 

 

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You need to contact the Court as a matter of urgency as it is them that are responsible and ask they contact the Enforcement Co forthwith to recall the Warrant.


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Until you do as ploddertom advises, and make sure the court pulls the Warrant, the bailiff will attend and remove the goods.

 

What Bailiff company is it ?


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43 minutes ago, brassnecked said:

Until you do as ploddertom advises, and make sure the court pulls the Warrant, the bailiff will attend and remove the goods.

 

What Bailiff company is it ?

I'm not sure as he left no paperwork. I'll have to dig out my own paperwork later on. I Contacted the court yesterday, last thing. The agent I spoke to at the payments office could see the original warrant had not been recalled.

 

I will check later on that this has now happened, as promised. 

Edited by speedfreak

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The Bailiff has done very little wrong but does have to follow the Warrant if it is classed as "live". The Magistrates have the power to recall it at any stage - it does look as if it may have been pulled but no one followed through to make sure.


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