Very aggresive bailiff

[WendyB]

Re: Very aggresive bailiff

well to be honest CC that very thing had crossed my mind, but I'm not sure of the legalities of it so wouldn't advise it. Might be worth looking into though. I personally would be tempted to phone the bailiff and tell him if the clamp wasn't removed by xxxx then I would remove it myself and make it available for his collection at a date and time convenient to him. If I were the OP's dad, which I'm not. I would also fax copies of my V5, insurance, and any other relevant documents and anything else I could think of to the bailiffs office and tell them the same thing. Along with my estimated costs for having to use taxis due to having no car, the extra hours taken in travelling etc for using public transport, the hourly rates for my time taken in sorting it out, etc etc etc. and point out that this bill will be growing on a daily basis so it would be in their best interests to remove said clamp asap.

But that's just me

[SpringerSpaniel]

Re: Very aggresive bailiff

The council ARE liable for the conducts of their agents, whether or not they are employees or contractors. You are therefore quite at liberty to take legal action against the local authority itself (who are better able to pay compensation and easier to get hold of than the individual 'bailiff').

The use of an unlicensed 'bailiff' to threaten and harrass you could be argued to be contrary to the Protection from Harrassment Act. You could file a claim against the council for this, and seek an urgent interim injunction requiring the release of the clamping, as well as requiring any legitimate outstanding dispute to be dealt with properly thorugh the courts. (You are in fact permitted to apply for the injunction first, and undertake to issue a full claim within a short time eg 48hrs).

However, before doing this, I would suggest:

i) You contact the Council's legal dept in writing by fax indicating your intention to do this without further notice if the clamp is not removed in the next 48h; and

ii) You get in touch with your ward councillor (s) and tell them the council they are members of are using unlicensed bailiffs, and see whether they are willing to hhelp you sort the situation out.

If they are thoroughly unhelful, you could of course contact your local paper and other local media and tell them the council is using unlicensed bailiffs. It would be even more of a story if your dad is elderly,sick or disabled.

[CleverClogs]

Re: Very aggresive bailiff

The question of whether or not the bailiff holds a valid certificate may depend on whether or not the oaf told miss nirvana his real name - and if she remembered it correctly. If his name were "Smith", he could spell it "Smyth" and hence not appear on a search for "Smith".

One should also remember that:

Bailiffs tell lies.

Might the oaf have given miss nirvana a name other than his own?

[WendyB]

Re: Very aggresive bailiff

But make sure that the bailiff is definitely unlicensed and that you have the concrete evidence to back up your allegations.

[miss-nirvana]

Re: Very aggresive bailiff

I'm pretty sure he is not, just waiting for conformation from the court to find out. But its not looking good for him. I have dealt with bailiffs quite a few times in the past and i have NEVER come across one who acted so unprofessionally as him.

The fact that he clamped the car 9 days ago now, and has not answered any calls, and then just turned up a week after the clamp had been put on and act aggressivly also tells me he has no leg to stand on and he was just pushing his luck thinking he would intimidate me into paying.

And i haven't heard from him since, and the car is still there and clamped. I have NEVER heard of any other Bailiff clamping a car and then not bothering to do anything.. Its always pay up within the next few hours or the car is gone!!

And to be honest even if it does appear that he is certificated he has not surendered it to the courts for amendment when he changed employment. That alone means he can not work. And certainly not levy goods and issue warrants. He was also working alone. And if he has given a false name which is on the paperwork stating that he is certificated, then he is still acting illegally.

And also he is not getting anything out of me as my partner was made redundant 2 months ago, and now so have i !!

[WendyB]

Re: Very aggresive bailiff

But nonetheless you are still liable for the PCN so it's got to be dealt with. Just follow the advice already given and you should be able to get it sorted.

[miss-nirvana]

Re: Very aggresive bailiff

I have no problem with paying the council, even tho i still believe the ticket was wrongly issued in the first place, but i point blank refuse to pay that bailiff, and his company won't accept any money either, they wouldn't even discuss it with me.

The Council also refused to speak to me about payments or about the conduct of the Bailiff they are employing which they are just denying any responsibility.

So basically i have a clamped car that no-one is even bothering to contact me about, no-one wants my payment (apart from a dodgy bailiff), and i'm just kinda stuck in Limbo

[WendyB]

Re: Very aggresive bailiff

You are only in limbo till you get it sorted. Follow the advice already given and you will be on the road to getting it sorted.

[seduraed]

Re: Very aggresive bailiff

i believe you can remove the clamp rovided that you do not damage it . This may involve removing the front drive shaft.

[miss-nirvana]

Re: Very aggresive bailiff

Just to update all those that responded and gave me advice.

I removed the clamp from my car on 20th July by taking off the wheel and the suspension arm so as not to damage the clamp. I then took the clamp to the police station (did want to leave it there for collection but they said no) and proved to them it had not been damaged, i also updated them on all the details about the baliff.

The following morning i was awoken at 5.15am by the very irrate baliff screaming "don't you f*** with me" at the top of his voice, he then sped away without leaving a letter and have not seen or heard from him, his company, or anyone else regarding this situation since, in fact i still hace the clamp.

He still does not appear to be on the register, so i think it is quite reasonable to assume they guy was a fraud! :tinysmile_aha_t:

[CleverClogs]

Re: Very aggresive bailiff

Have you decided yet how much you are going to charge that oaf or the company per week for storage of the clamp?

[WendyB]

Re: Very aggresive bailiff

Just to update all those that responded and gave me advice.

I removed the clamp from my car on 20th July by taking off the wheel and the suspension arm so as not to damage the clamp. :

I thought it was your dad's car?