Anyone can check a bailiffs certificate

[PizzaMaker]

It looks like the bailiff has charged the correct fees in accordance with the fee system as on their site.

 

Obviously there is a period of change with the courts updating information, but it looks like the bailiff has admitted to not informing the court of the change.

[The Watcher]

it looks like the bailiff has admitted to not informing the court of the change.

 

In other words .... the "bailiff" has no authority whatsoever !

[Guest Herbie]

Judi

 

Draft response done.

 

As many bailiffs visit this site I do not want to print it here. Can you send a private message with your e-mail details.

 

Do please keep us all informed on how this works out.

[Janet-M]

WARNING TO ALL

 

 

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it .

 

Please also be aware of giving your personal details to strangers

[setmefree]

WARNING TO ALL

 

 

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it .

 

Please also be aware of giving your personal details to strangers

 

Well said Janet-M:)

[Guest ChloeJane]

Anyone can check a Bailiffs Certificate with HMCS by telephoning the following number;

 

0207 210 0516

 

If when you telephone it appears the Bailiff is not Certificated to work for the Company they state, then telephone the Court that they are Certificated at by finding the number here -

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

 

Telephone the Court and check !

 

A Bailiff by law must inform the court of any change in details, especially those of a change of Company.

 

To quote the correct legislation - a link is below this quote.

 

12. After rule 7 there shall be inserted:

• " Change of bailiff's name, address, etc
  7A. - (1) In this rule "relevant details" means a bailiff's name, address or other written information appearing on the certificate.
   
  (2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate ("the old certificate") to the court officer of the issuing county court.
   
  (3) When a bailiff gives notice and produces the old certificate in accordance with paragraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate.
   
  (4) When a replacement certificate is issued in accordance with paragraph (3) above, the court officer shall retain and cancel the old certificate.
   
  (5) No fee shall be payable for the issue of a replacement certificate in accordance with this rule.".

Please click here to find it in statute -

Statutory Instrument 1999 No. 2360 (L. 17)

 

 

If the Bailiff is not Certificated correctly, or worse is not Certificated at all, then you have a right to redress in the County Court, by suing for trespass. Trespass to goods and chatells is if anything was seized, and Trespass to Land is also a Civil Remedy.

[The Watcher]

Also worth persuing via the police - as they are making a fraudulent claim.

 

The police many not want to action - but if they get enough complaints then they will probably look at it again.

[setmefree]

nice to see you posting again ChloeJane

[Guest ChloeJane]

To be honest, the police won't take a lot of notice and do not have the time. Truth is, it is a civil matter.

 

Decriminalised Parking means just that it is not a criminal offence. Police will be involved with reluctance.

 

Using civil remedies in the courts, such as trespass which are easy claims to pursue you will get the result.

 

A tort is a civil wrong, as distinguished from a criminal wrong

Property torts involve any intentional interference with the property rights of the plaintiff.(you) Those commonly recognized include trespass to land, trespass to chattels, and conversion.

 

To read more about Civil claims and remedies click here

 

The full act is here

 

A simple form - the N244 application to the Court and lodging as a small claim similar to the action of the banks taken, for the first letter and letter before action gives you then the right to file under the above act against a non certificated Bailiff.

 

Will send the mods a sample N244 that may be put on the site for viewing.

 

CJ

[judi3]

I Fully agree with the warning given out in this thread but i would like to thank all of you for your advice .

 

I have posted my reply to be heard by His Honour judge xxx QC

and the matter will be reconsidered in due course once the complainants' reply is known .

The response appears to add confusion to this alleged letter. They state that the warrant was dated 24thMay (Thursday) and that a letter was sent on 29th May (Tuesday) seeking payment.

I did not receive a letter from Drakes. Had I done so, I would have paid this amount. In addition, if there was a letter sent on 29th May 2007(which is disputed) 7/6/07 9 days 7 working days since the letter was alleged sent.

The bailiff did not allow sufficient time for payment to reach their offices before making a first visit

 

 

 

 

 

 

The bailiff confirms that a first visit was made on 7th June 2007. However, he clearly states that “I attended the address and lawfully seized and immobilised the vehicle xxxxx.I knocked at the door and spoke with miss x”. “As Mr x .was not present at the time of enforcement and therefore Miss x made payment by debit card and the vehicle was released”.

the baliff has confirmed that the named person on the warrant was not present at the address.

 

The immobilisation of the vehicle was totally unnecessary and I strongly believe was designed to extract further fees from me.

 

Bailiff’s Certification.

 

I am advised that Section 78(7) of the Road Traffic Act states that “any person who attempts to seize goods in payment of parking fines who is not a “Certificated Bailiff” and any person who authorises him are committing an offence of "trespass”. From enquiries made of the bailiff certificate, I am informed by xxxx County Court that this bailiff was granted a certificate on xxx 2007 and that his employer was listed on his certificate as Jacobs Ltd. However, when this gentleman enforced the warrant of execution he was in the employ of Drakes Group Ltd.

 

Section 7A of the Distress for Rent Act 1999 states the following:

12. After rule 7 there shall be inserted:

“Change of bailiff's name, address, etc

 

7A. - (1) in this rule "relevant details" means a bailiff's name, address or other written information appearing on the certificate.

 

(2) If there is any change in the relevant details, the bailiff shall without delay give written notice of the change to the issuing county court and produce his certificate ("the old certificate") to the court officer of the issuing county court.

 

 

(3) When a bailiff gives notice and produces the old certificate in accordance with paragraph (2) above, the Judge of the issuing county court shall issue to the bailiff a replacement certificate reflecting the change in the relevant details but in all other respects (including, without limitation, the date of expiry of the certificate) the same as the old certificate.

 

 

(4) When a replacement certificate is issued in accordance with paragraph (3) above, the court officer shall retain and cancel the old certificate.

 

The bailiff did not apply to the court to change his certificate as provided under these regulations. Instead I understand that he has now made an application. I understand that the bailiff would have previously had a bailiff bond provided by his previous employers. This bond would have been cancelled when he left that company. The baliff has not provided details of the date when he left his previous employer and the date in which he started at Drakes Group Ltd.

I do not believe that the baliff acted lawfully or in accordance to the authority granted to him. He has also confirmed that he has worked for different companies in the past and should be aware of the consequences when ‘hindsight ‘is no excuse for using an incorrect certificate,

[Guest ChloeJane]

You have it in one!There is no excuse!

 

Write to the court where the Bailiff is Certificated if in doubt and ask them to verify his bond.

 

Bonds are a big issue in so far as they are often obtained before the Certificate, so a Bailiff may in fact be acting without a correct bond or being bonded at all, which still nullifies his Bailiff Certificate at the time of being on your premises or seizing goods.

 

Bonds are sometimes in mistake, seen as Certification or a replacement of. This is NOT correct so while you are making enquiries about a Bailiff and them being Certificated, make sure you telephone the court they are Certificated at and check on the Bond.

 

There are many Bailiffs that are not Certificated or Bonded correctly, so always ask to view the Certificate which is your right, or make sure you enquire after they have left.

 

There is always a remedy. Well done on the Road Traffic Act.

 

Good luck everyone, don't let them grind you down and remember....

 

** The more you challenge them and the system, the more excuses and justifications they will find, so if in doubt of a reply sent from a Bailiff Company in correspondence, post back here to have it checked! ***

[judi3]

an update of sorts

 

I received a telephone call from the court manager that judge x will review all the details w/c 3rd sept and he will update us on the progress with a possibility of a hearing .

[judi3]

I have received a letter requesting attendance for a two hour hearing on the 9 th oct no further evidence required .

slightly worried but i hope it will go smoothly

 

 

 

Please Can somebody advise on what i should expect /settle for in this hearing .

[judi3]

bump

[judi3]

urgent help needed

 

letter from drakes without prejudice

we have re examined your complaint

it would appear that your complaint refers exclusively to the charges that were applied

whilst your interpetation of the regulations ,as outlined in your letter to the court is not accepted i amclosing a cheque for 246.44 which is a full refund of all feesa with the exception of the letter fee

this refundd means you have in fact occurred no baliff fees

 

i should also advise you that mr x is no longer engaged by drakes group.

as mr x was merely following drakes instructions and procedured in respect of the interpretaion of the charging scedule I WOULD RESPECTFULLY SUBMIT THAT YOU HAVE NO SEPERATE CAUSE OF COMPLAINT IN RESPECT OF HIS ACTIONS AND WOULD SUGGEST THAT YOU SHOULD NOW WITHDRAW YOUR COMPLAINT

 

I WILL BE WRITING SEPERATLY TO THE COURT AND INCLUDING A COPY OF THIS LETTER

I TRUST THAT THIS MATTER IS NOW CONCLUDED .

 

YOURS

[judi3]

I have waited four months for my refund but the money was not the only issue ,i had no notice of his visit ,i was left distressed and with no money to suppoert my children and pay ythe bills but drakes sent a baliff with the incorrect registration what should i do this is not an adequate conclusion ?is it

[PizzaMaker]

I have waited four months for my refund but the money was not the only issue ,i had no notice of his visit ,i was left distressed and with no money to suppoert my children and pay ythe bills but drakes sent a baliff with the incorrect registration what should i do this is not an adequate conclusion ?is it

 

Bailiffs companies will not tell you when a bailiff is visiting.

[chi0001]

Hi

 

Any one can check if the bailiff that has visited them is really a certificated bailiff.

 

If you have the name of the bailiff and the company they represent.

 

Call: Mr Michael Johnston on 0203 3346355.

 

This is part of the Her Majesty's Court Service. Michael can tell you what Court the certificate was issued at so you can then make a complaint against that bailiff if they have misrepresented anything to you.

 

Hope this helps and good luck!!!!! Give um hell people!!!!!

[tomtubby]

Unfortunatly you have posted this information on a thread that finished 2 years ago !!!

 

You will see on the front page of the bailiff section there is a "sticky" section where it provides details of how to check if a bailiff is certificated and this telephone number that you have kindly provided is provided.