Has this bailiff breached my human rights (or has my council)

[Nolansright]

removed

[ploddertom]

How long ago did this happen? Who were the Bailiffs?

[Nolansright]

How long ago did this happen? Who were the Bailiffs?

removed

[ploddertom]

I would suggest in the first instance you contact your local Councillor(s) via www.writetothem.com to see if they can help. Given the passage of time neither Council or Bailiffs may have paperwork spanning the period.

[Nolansright]

I would suggest in the first instance you contact your local Councillor(s) via www.writetothem.com to see if they can help. Given the passage of time neither Council or Bailiffs may have paperwork spanning the period.

thanks .i have all the paperwork so no problem ,was just lookign to see if anyone had ever seen a consent form asked to be signed before they return your goods to you .i think its abuse to hold onto goods they know arent theirs

[Nolansright]

Appearance of authority in legal proceedings

76. Where a contractor is authorised by virtue of this Order to exercise the function of applying to the magistrates' court for a liability order or taking steps to levy any amount by distress and sale of the goods of any person, section 223 of the Local Government Act 1972 (appearance of local authorities in legal proceedings)(1) shall have effect in relation to—

(a)the hearing of an application for a liability order, and

(b)an appeal brought by any person in connection with the distress,

as if the contractor were an officer of the authority.

[lgfa92]

Article 76 allows that the council's agents, if an appeal is made over distress, can act in court in the same way as if the council themselves were appearing - it effectively confers the council's powers of audience in the magistrate's court on to them. It's not particularly relevant in your case as it's aimed at cases where the council contract out functions, not where they use an enforcement agent under regulation 14 of the Non-Domestic Collection and Enforcement Regulations.

The enforcement agents would have to be granted the delegated powers to act on behalf of the council under the Order before it would affect them, which wouldn't be required because, as the defendants, they would have the right to appear in any appeal anyway.