The Big Bailiff Meeting

[Saffronflowers]

Well Tuesday morning dawned, and I have never been so nervous in my life, not even presenting a tv programme broadcast around the world!, I could not find my rescue remedy anywhere. I took a small spitfire model with me as my dad was a WW2 pilot and a lawyer, so I had his spirit with me. The drive was a nightmare as I just could not concentrate.

 

Arrived and was shaking so much I could hardly write the name tag!! The meeting started, and I asked the chap what he knew about my case, and gave me all the guff about it being a mistake, and how this particular bailiff had made a genuine mistake and was a very experianced. When I stated that I did not beleive he had actually been to my front door, he produced his computer print out, saying it was a semidetached house with a white pvc front door - gosh well you could see that from the road. Even when I challenged him that he would have had to walk pass the only car that actually belonged to me and had not noted down the registration plate. When it came to the second visit even the guy from the council said he doubted that he ever visited!!!! Bailiff man was very patronising and then changed tack when he realised how much I knew about his company and the law.

 

We then discussed about the TCE bill, and used my case as an illustration of why it is flawed, the chap said that he felt that it was very unlikely that they would ever enter and remove goods, and his reasoning for this was the expense and that it was not a cost effective method. From this discussion I get the feeling that removal of cars and clamping will increase dramatically. I also asked what I should do if I hear of any of this companies bailiffs stating that a new law had been introduced and using this to get money. He said to email him immediatley. Not much use if you dont have the name!!!!

 

I then challenged him regarding the disparity of paying by debit card and credit card. He said that it was justifiable and actual cost as it cost them money to process card payments, I countered that why should someone who pays by debit card pay the bulk of the cost when they have the monies there and then but someone paying on a credit card pays a much smaller proportion and they have to wait for the money. The man from the council agreed with me and said that he wanted a dramatic difference when they retender for the contract next year as would all the other companies he was asking to tender. Dont think BG was particularly pleased by this! I will be asking Council to make it a flat fee for debit cards as with every other business. I mentioned the OFT Guidance to collection as he has a lincence he said that it did not apply to bailiff work it was only for debt collection. I mentioned that it was actually the OFT that pointed me to several sections regarding this and were at present looking into this case, he said Oh well I think they will regard these charges as actual and reasonable. Ermm we will have to wait and see. So though not sorted completely this is quite a fundamental change that we are closer to getting a fairer payment system.

 

He then tried to be really nice when he said he would be paying me back my money as an act of goodwill (WTF) and I said please pay it direct to the council as it was enough to pay my next two months council tax. Council man took a note of this, so if they dont pay, the council will have to chase the bailiffs for my council tax money!! It is a present 5 days overdue!!!!

 

At the end of the meeting I told him that I was Form 4ing his bailiff and he got really aggresive, "So you want him to lose his ticket, he will never work as a bailiff again, what is your motivation?" To which I replied that the work that I have had to do since May 3 the stress that it has put me through how it has put my health at risk and strain on my marriage. He replied "Well no damage was done and we did not get in your house, if you do then we will get our lawyers in and I tell you we will fully defend my bailiff!" Council man was a bit shocked and said something along the lines that if this was the only recourse that I had then I did have the right to do it. To be honest part of me things that this bailiff has got notes on his certificate, cos taking it away is the ultimate the judge can do, I think if he is clean all he would get is a telling off and me a small amount of compo.

 

The meeting went on for two hours I was knackered but felt that it was positive, the whole process will take time but we seem to have a good foundation.

 

So next step is too try and work out a plan of checks and balances that we can put to the council but I will not be doing this till september as I value my marriage too much:-D

 

I am sure there is loads I have forgotten so will post it later, sorry it is so long!

 

Sfx

[seanamarts]

well done you *hug

[The Watcher]

Good News

 

The "description" of your front door could (of course) have been obtained any time AFTER you had made your complaint !

 

It sounds as if the Council man realised what was going on too.

[ducatibabe]

Well done Saffron....you are a star

I hope the council Man realised what kind of people the bailiffs are when the head honcho threatened you with solicitors etc in the PRESENCE of the council man as a witness:roll:

 

If he can do that under the circumstances of the meeting, surely it must indicate what else they get up with no officials watching:evil:

 

Anyway Well done again, go and get a nice glass of wine and congratulate yourself on a job well done

 

Love and hugs

 

Dx

[Guest Herbie]

Well done Saffron. I will ring you during the week.

 

What bailiffs must realise is that they have a very priveldged role. In this they are allowed BY LAW to come into your home ( by peaceful means of course) and list items that they can take if you do not pay them. No debt collector in the country is allowed to do this. In addition when collecting Magistrate Court FINES they have the right to break into your home. Therefore if they do not carry out their role correctly there must be some method of complaint.

 

From years of experience clients have found that complaints to the bailiff companies are useless with the same applying to the local authorities.

 

The option open to complain about a certificated bailiff is a Form 4 complaint that must be made to the court that granted the certificate. The bailiff is fully aware that this method of reddress is available and he can avoid it by sticking to the law. It is that simple.

 

Yes, there is a strong possibility that the bailiff will lose his employment. But that could have been avoided. It must be understood that nearly all cases that go to the courts on a Form 4 are becasue of excessive overcharging to both vulnerable groups and those who are ignorant of the legal fee scale.

 

In a nutshell, the bailiff is being GREEDY.

[The Watcher]

The option open to complain about a certificated bailiff is a Form 4 complaint that must be made to the court that granted the certificate. The bailiff is fully aware that this method of reddress is available and he can avoid it by sticking to the law. It is that simple.

 

Yes, there is a strong possibility that the bailiff will lose his employment. But that could have been avoided. It must be understood that nearly all cases that go to the courts on a Form 4 are becasue of excessive overcharging to both vulnerable groups and those who are ignorant of the legal fee scale.

 

In a nutshell, the bailiff is being GREEDY.

 

It's actually worse than that ... they are taking advantage of vulnerable people who are at their weakest.

 

They are vultures.

[demon_x_slash]

Nah, vultures are pretty fascinating, and above all, intelligent, one of Earth's most intelligent aves! I'd liken them to remora fish - they think they're bigger than they are, they're all mouth, and they like to latch on and take you for a ride.

[seanamarts]

Nah, vultures are pretty fascinating, and above all, intelligent, one of Earth's most intelligent aves! I'd liken them to remora fish - they think they're bigger than they are, they're all mouth, and they like to latch on and take you for a ride.

I giggled at that but how right you are

[Saffronflowers]

Well received a phone call from Honcho man yesterday saying - he was surprsied that I had gone down the form 4 route and asking what I wanted to acheive - he said that they had compensated me, to which I said no you are refunding the incorrect charges. Surprise surprise he has not to date refunded them!! So I am in arrears on my council tax and the Head of Revenue is having to chase his bailiffs for it!!!!

 

He says he will call me back today, part of me wants to know how much he would pay me to withdraw the complaint - don't know what to do.

 

SFx

[setmefree]

personally i would check again if he has paid, and if not persuade your council to seek a liability order against him...now wouldn't that just bugger up his certificate..

I'm sure SX you will know what to do,you have so far given out enough good advice.

[ducatibabe]

*BIG HUG*

 

Oh saffron I'm so sorry to hear you are still up to the eyes with this bunch of idiots.

 

It seemed after your meeting you were getting somewhere, but keep your chin up and as setmefree says you have an increadible knack of finding solutions for everyone elses problems so I'm sure you will come up trumps for this new twist in your battle.

 

I wish I couold suggest something to help but I'm at a loss

 

However, if you want to talk (even if its about big Brother) to take your mind of things just give me a shout

 

Love and hugs Dx

[emmaf01]

This is the most fascinating thread I've read on CAG so far.

Subscribing.