Claiming back Baillifs charges

[jackburton]

Yep, I'm complaining to the court about the Bailiff and we have a court date in February next year.

 

I see from the outcomes of the case, the judge could award the charges refunded (and costs) to me if we win. I therefore didn't think I would have to go through the relevant Small Claims Court to get my charges back...

 

Should I commence one of these as well?

 

A Defendant Refused to Sign comment written on a document by the bailiff does not constitute delivery - see Section 7 of the Interpretation Act 1978.

 

This seems to be regarding postal things?

[Guest 10110001]

It likely that your complaint will be dismissed, they usually are. I know of a case where two judges, sitting at different courts and considered the same facts - whether or not a bailiff was properly certificated at the time he enforced a debt - and they contradicted each other. One judge - who was supposed to have certificated the bailiff - dismissed the complaint. The other - considering a claim for damages against the council - made a finding of fact that the bailiff was not certificated. proceed with your complaint anyway.

 

The Interpretation Act sets out whether a document was served or delivered. The fact a bailiff wrote refused to sign is evidence the document was not delivered. You can say say havnt consented to a walking possession agreement. Operative word is - agreement - so it requires your agreement, and not just the bailiffs agreement alone.

 

If you are sure you were not presented with the walking possession document for signing, and the bailiff has presented it to a court, then he has committed perjury.

 

EDIT: And yes, file a claim against the council to get your charges back. Ask the council in writing to refund you within 7 days then file the claim. Dont get into a protracted correspondence with the council or bailiff. Having a trial date sets out a roadmap to a conclusion.

[C E O]

Can I please ask how this case finished?

I remember following this case closely at the time and was interested in the result.

[jackburton]

yes, unfortunately I was royally scr..wed over and ended up owing them an additional 500 in court costs, they were slimey and their boss turned up with the bailiff at court.

 

THe council were completelty corrupt as they employeed a ex-bailiff from that company so it's clearly an inside job.

 

No matter what evidence I gave to the council it was dismissed and I got nowhere with the LGA either..

 

In hindsight, I should have taken on a solicitor but then you've got to weigh up the cost of that that