Bailiff

[Crazyk]

Re: Bailiff

Thank you
I have written to ceo but could you direct me to
This letter pls .. Am new so still finding my way round!..

[bluebottle]

Re: Bailiff

So it would appear.

If the bailiff company has served an order that it is not lawfully permitted to issue - and bearing in mind that the company will benefit monetarily thereby - what criminal offences may have been committed?

In the case of CT, it has to be the LA who issue the Attachment of Earnings Order. Unless stated otherwise by statute, a bailiff has no legal authority to issue such an order. There are a number of potential criminal offences a bailiff would commit if they did, namely -

Fraud by False Misrepresentation
Possessing An Article for Use in Connection with Fraud
Making An Article for Use in Connection with Fraud
Forgery
Using A False Instrument with Intent to Deceive/Defraud

All of these offences carry custodial sentences and are, therefore, arrestable, on warrant and without warrant. A bailiff would have to be pretty desperate - and pretty stupid - to try and pull such a stunt and get away with it.

Under the circumstances, I feel it would be best if the LA recalled the matter from the bailiff as they are 100% vicariously-liable for the actions of the bailiff. For an LA to be seen to be condoning or encouraging such actions by a bailiff they have engaged is serious. It is now a case of deciding whether it is the courts or the LGO who is the best to deal with this matter as it certainly should be referred for investigation and necessary action.

[Guest]

Re: Bailiff

HI

Personally i do not think that there is any mechanism that would enable a private company such as a bailiff to issue an attachment of earnings.

I cant see the employer paying a request that isn't from a LA or via the county court, i dont think they would be legally able.

Is there any reason why an authority should not instruct bailiffs and also issue an attachment? Especially if there are two sources of income for the same property, or perhaps if there has been two liability orders issued for different years.

Peter

[labman]

Re: Bailiff

Useful Letters - Legal Beagles Consumer Forum

Letter 5 - It does need adapting.

There's no reason why the LA cannot instruct a bailiff and want an AOE, however, as I read this case, the LA has already stated they'll accept a payment by the OP, which does not suggest an AOE. It is technically feasible though. No doubt the council will soon advise if this is what has happened. :beagle:

IMO, it is not a case for the LGO (they wouldn't look at it until the company's formal complaints procedure has been exhausted anyway), and definitely not something for the courts - this takes us into the feasibility or realism of criminal routes again. The CEO is IMO the correct starting point here.

[Crazyk]

Re: Bailiff

Well i have just had an email from the bailif that they issued the aoe on behalf of the council...
Now either way it should not of been issued anyway as the council were awaiting our ie forms ...they had not actually accepted any payment proposal yet..but said they would look at the forms
In the meantime we have been paying the council a set amount every month..this whole thing started because we stopped paying the bailiff the high amount they were asking for!
Also just to clarify its for 2 liability orders and its been issued on just my husbands wages.
I have written to the ceo just awaiting reply.

Thank you for everyone helping me on this nightmare!

[Shadowcat]

Re: Bailiff

Now, I'm no expert on bailiffs but I can tell a bunch of liars when I see it written down. They are saying they can issue an AOE? I've heard it all now.

[Crazyk]

Re: Bailiff

Well i sent them email asking to explain there legal right to this and lo and behold they said the council asked them to issue it as agents acting on behalf if them!
Yet all paperwork is signed and dated by the bailiff!
And the council said its not them its the bailiff and they had no knowledge!
Its a joke!

[bluebottle]

Re: Bailiff

HI

Personally i do not think that there is any mechanism that would enable a private company such as a bailiff to issue an attachment of earnings.

I cant see the employer paying a request that isn't from a LA or via the county court, i dont think they would be legally able.

Is there any reason why an authority should not instruct bailiffs and also issue an attachment? Especially if there are two sources of income for the same property, or perhaps if there has been two liability orders issued for different years.

Peter

I think you are probably right on that point, Peter. To the best of my knowledge and belief, only a court can issue an Attachment of Earnings Order or an LA in the case of CT. A private individual has no such power or authority.

[cards down]

Re: Bailiff

Hi Crazyk, if you've not done it all ready I'd suggest getting a box folder or file and fill it with all correspondence so far, letters/emails, sent/received. I'd even go as far as keeping a log of who said what and when it was said. Sounds like this could get rather complicating.

[bluebottle]

Re: Bailiff

Useful Letters - Legal Beagles Consumer Forum

Letter 5 - It does need adapting.

There's no reason why the LA cannot instruct a bailiff and want an AOE, however, as I read this case, the LA has already stated they'll accept a payment by the OP, which does not suggest an AOE. It is technically feasible though. No doubt the council will soon advise if this is what has happened. :beagle:

IMO, it is not a case for the LGO (they wouldn't look at it until the company's formal complaints procedure has been exhausted anyway), and definitely not something for the courts - this takes us into the feasibility or realism of criminal routes again. The CEO is IMO the correct starting point here.

I don't know of any legislation that allows anyone other than a judge or an authorised officer of an LA to issue an AoE Order. If anything, not following correct procedures and the law to the letter has the potential to make the AoE Order difficult, if not impossible, to enforce.
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Well i sent them email asking to explain there legal right to this and lo and behold they said the council asked them to issue it as agents acting on behalf if them!
Yet all paperwork is signed and dated by the bailiff!
And the council said its not them its the bailiff and they had no knowledge!
Its a joke!

Repeat after me, "Certificated Bailiffs are lying [insert own words]".

[labman]

Re: Bailiff

I really don't know what else to say, the bailiffs cannot apply for an AOE. The legislation quoted previously by me is crystal clear. The LA applied for the LO, so they can apply for an AOE. The bailiffs are not the LA - simple as!

I don't care what the bailiffs have got, it is not legal IMO. They can say what they want - can you get the council recorded stating they have not instructed the bailiffs to do this and vice versa. It would be excellent grounds for a complaint.

[bluebottle]

Re: Bailiff

I totally agree with Labman. Unless an AoE Order is issued by a court or an LA (in the case of CT), it is difficult, if not impossible, to enforce.

It would be wise to ask the LA to confirm, in writing, that they have not instructed the bailiffs to issue an AoE Order. Also, as Labman recommends, ask the bailiffs to confirm, in writing, who instructed them to obtain an AoE Order on behalf of the LA and who at the LA issued the instruction to them. I would not, at this stage, make any intimation about making complaints; the bailiff and LA are each digging a hole for themselves and you should continue to let them do so because they will eventually dig so deep they won't be able to get out of the hole.

[labman]

Re: Bailiff

Very wise advice BB - thank you.

[Guest]

Re: Bailiff

HI

I think it is pretty acedemic anyway to be honest, because the employer would not deduct from earnings on the strength of paperwork that did not have HMCS or LA credentials. They would leave themselves open to legal action.

Peter

[messimoo]

Re: Bailiff

Our old council made a hoog boobie when we moved , we informed them and awaited the final bill then instead of sending decided to do a liability order (only 200 odd quid) no bailiff but the council did send an AOE form which idiotically they did in my maiden name derrrrrrrrrrrrrrrrrrrrr We filled in telling them that unemployed and wish for it to be deducted from our benefits at 3.00 odd per week done and dusted no bailiffs no worry Just wish all councils could think properly about what they do and the consequences for thier actions.

but hey ho All Bailiffs unfortunatly have the nasty ilness called Matilda syndrome (I'm big your small Im right your wrong and there isn@t a thing you can do about it) Well Mr /Mrs Bailiffs your wrong there are things we can do and with all help on here we can try and stop them