Distress Warrant?!

[Justice Seeker]

Re: Distress Warrant?!

This guy in the unmarked blue van is well known for the tactics he uses. He does not show his identification other than to the Police. He is believed to be an ex Police Officer and relies on the Police to get him into the addresses. The Police should only become involved when there is a breach or threatened breach of the peace. If no threat was made then there was no justification to involve them. The normal approach is to knock on the door, ask for the money and if there is any refusal to pay IN FULL, he goes and sit's in his van and calls out his mates. There is also no legal requirement to carry a copy of the Warrant, although the company do create one to show to the person named upon request.
You should complain to the company about this. You should complain to the County Court as he is a Certificated Bailiff (although claims to be only an Enforcement Agent) and needs to be in order to carry out enforcement of HMCTS Warrants. You should also complain to the Police for attending where there was no threat of a breach of the peace (assuming this is the case?)

You must complain, he and others are getting away with this in vast numbers!!!!!

[labman]

Re: Distress Warrant?!

You need to write to the Court Manager at the Magistrates Court to complain. You should either have been shown the warrant, or been told where you could go to inspect it.

As Amy has already said, a Distress Warrant is only valid for 180 days anyway.

[CleverClogs]

Re: Distress Warrant?!

The bailiff didn't get me to authorise payment; i said i would pay in instalments and he requested I-D for which i produced my bank card. He perused over it got in his van and used his mobile. He then gave me the card back with a receipt for which he did not get me to sign but stated amount paid in full.

That was astonishingly naive. Did you not know that bailiffs tell lies?

Did you have enough funds to pay the bill or did this cause your account to be overdrawn? You may be able to claim damages from the bailiff and/or his employers if his antics caused you any losses or charges by the bank.

How do I request copy of Warrant?

Write to the bugger's employers and demand that they send you a copy. Although some will say it is a waste of money to send the letter by Special Delivery and that a mere certificate of posting will suffice as the company will be deemed to have been served with the request two days after posting for 1st class mail (four days for 2nd class) Special Delivery may give you a slight psychological advantage.

[mcg]

Re: Distress Warrant?!

Ok thanks for all your advice; how do i confirm the bailiffs certification is currently valid?

[labman]

Re: Distress Warrant?!

Phone 020 3334 6355 between 10am-4pm. It should get you through to the relevant department of the Ministry of Justice.

Bailiffs and enforcement officers

[mcg]

Re: Distress Warrant?!

Thanks for that; transpires the bailiff is Mark Davis an ex-police officer. Did use an approach to appear professional/authoritarian; must be the training.

Anybody processed a Form 4 Complaint against a Certificated Bailiff before?

[CleverClogs]

Re: Distress Warrant?!

Thanks for that; transpires the bailiff is Mark Davis

Not this - link - Mark Davis?

[labman]

Re: Distress Warrant?!

No, but again this may help:

HOW TO MAKE AN OFFICIAL FORM 4 COMPLAINT A BAILIFF - CHECKLIST OF POSSIBLE GROUNDS

[charitynjw]

Re: Distress Warrant?!

Not this - link - Mark Davis?

Doubt it - probably a different f.......fellow!

[CleverClogs]

Re: Distress Warrant?!

Doubt it - probably a different f.......fellow!

And, besides, the "actor" is doubtless adequate for his roles.

[CleverClogs]

Re: Distress Warrant?!

No, but again this may help:

HOW TO MAKE AN OFFICIAL FORM 4 COMPLAINT A BAILIFF - CHECKLIST OF POSSIBLE GROUNDS

That site links its legal references to the site written and maintained by David Swarbrick (the lawyer, formerly of Wrigley Claydon, and not the guitarist) rather than the Statute Law Database.

As it states on the "about" page, it has been on-line in one form or another since 1993; what it does not state is that it was previously a dial-up bulletin board in FidoNet by the name of "Just_Mooting".

[labman]

Re: Distress Warrant?!

Try this one - I thought the other one gave some useful check points. This is just the form itself, but looks pretty straightforward to me.

http://www.hmcourts-service.gov.uk/c...form4_0606.pdf

[Amy]

Re: Distress Warrant?!

There are details on a Form 4 complaint to be found in my bailiff guide.

[mcg]

Re: Distress Warrant?!

No this Mark Davis http://www.marstongroup.co.uk/assets...eport-2011.pdf

When in receipt of the Warrant and if any errors on it; is it still valid?

[CleverClogs]

Re: Distress Warrant?!

No this Mark Davis http://www.marstongroup.co.uk/assets...eport-2011.pdf

That Mark Davis:

Prior to joining Marston, Mark worked as a police officer for 18 years before deciding on a change of career.

Or was it changed for him? I'll check with my police contacts.

Having researched alternative options, Mark identified enforcement as a viable career choice.

There are certainly limited options available if disregard for one's fellow citizens is an aspiration.

He comments that:
“I believe my background allows me to bring a certain level of professionalism to the role. I don’t think I fit the stereotypical bailiff image, and this can work to my advantage when interacting with debtors.
In terms of the role itself, I find that the benefits, such as its flexibility, far outweigh the negatives. Whilst some days can be challenging and difficult, others are enjoyable and rewarding. Enforcement is a unique industry and one that is very specialised. Overall, I am very pleased with my decision to change careers.”

How nice for him.

When in receipt of the Warrant and if any errors on it; is it still valid?

It may have been.