Vicariousl laibility

Sorry! Can't edit title - should say Vicarious Liability!

This isn't a question for me personally, but one I need to find the answer to.

If a council employs bailiffs to recover council tax, I know the council is vicariously liable.

If a private company employs bailiffs to recover monies owed, are they also vicariously liable or not?

Thanks in advance!

Caspar

[outlawlgo]

Re: Vicariousl laibility

Good question Caspar,

I don't know but there seems to be some kind of get-out for the bailiff firms.

What I'm getting at is the form 4 complaint (distress for rent rules 1988), the course of action which is available to people aggrieved by bailiffs.

Because of this form 4 procedure it suggests that the firm can wangle out of their responsibility because the complaint is directed at the individual bailiff. It's my opinion that the legal system have got this angle covered in favour of the enforcement industry (as usual).

1. Because the bailiff would be put on the dole if the judge upheld the complaint.

2. The bailiff firm may have some loophole whereby they only use self employed bailiffs and therefore can not be touched.

I hope someone can verify this.

[wiccaqueen]

Re: Vicariousl laibility

as far as I'm aware councils don't allow there bailiff firms to use self employed bailiffs

the only way to find out sure is to send a freedom of information request to the council asking for a copy of there contract/service level agreement between them and the bailiff company

[Caspar]

Re: Vicariousl laibility

This is a company representing private landlords who has set bailiffs on the commercial tenant. Is the company vicariously liable?

[Amy]

Re: Vicariousl laibility

I would suggest that you try and get whoever has the problem to start a thread.

[The Debt Star]

Re: Vicariousl laibility

This is a company representing private landlords who has set bailiffs on the commercial tenant. Is the company vicariously liable?

I would have thought not. Its a bit like a DCA harrassing someone illegally but then blaming the OC that instructed them. the cimplaint would be against the DCA surely? Same with bailiffs and 'owt like that imo. Good question though and would like to know the answer.