Tweet
Illegal Bailiff I would like warn people on this site about a 'Certificated Bailiff' using ilegal acts to con money not within his rights to collect out of people. His name is
XXXXXXX of, Plympton, Plymouth PL7 who works for Equita Limited.
Mr. XXXXX has committed numerous illegal fraud acts contrary to Sections 1 to 5 of The Fraud Act 2006, I should know, I have been one of his victims.
Also having done some further investigatory work and digging, it would appear that Mr. XXXXXXXX is NOT, and I repeat, NOT a Certificated Bailiff as his name does not appear on the latest HM County Court lists of Certificated Bailiffs, so he is clearly lying about his 'official' capacity.
Everyone, be warned about him
Here is a copy of the complaint filed against him which has been sent to Equita Ltd's Directors by e-mail, and recorded delivery.
Complaint in lines with The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993–(as amended) and The Fraud Act 2006
I hereby make a formal complaint as to the very unreasonable and illegal behaviour of your Mr. D XXXXXX on this day XXXX XXXXXXXX 2011 when he ‘visited’ my home. To this date nobody from your company has ever visited my home, and I have evidence of this by the way of CCTV footage that is taken from the hallway areas of XXXXXXXXXX XXXXX. The only visit by your employee, who claims to be employed by yourselves, was today. He claimed that I owed more than £450 for an alleged and currently being challanged £125 parking incident with Plymouth City Council.
Upon receiving this notice from your ‘employee’ today, I sent a text message to him asking him to call me, which he did. Your Mr. XXXXXX claimed that I owed over £450, which is clearly extortionate and not in line with legislation laid down by The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 which states that on the original alleged debt (if the alleged incident is proved) of only £125.44, your company could only charge £13.44 as in Section 1 of Schedule 1 for the letter and £42.16 (figures include VAT) as in Section 2 of Schedule 1 for the one only visit. Therefore the amount would only be £181.04 (if the alleged incident is proved). The amount of over £450 claimed by your illegal unregistered bailiff is clearly illegal and outrageous, and to such a complaint to Devon and Cornwall Police under The Fraud Act has been made. Checks have been made as to the registration with the HM Courts Service of your so called Certificated Bailiff and he is not registered and does not hold a current certificate. In relation to parking penalties, it is important to note Section 78(7) of the Road Traffic Act 1988, which states that “Any person who attempts to seize goods in payment of parking fines who is not a “Certificated Bailiff” and any person who authorises him are committing an “offence of trespass”.
For your clarification, I outline the legislation below. Further as no levy was made at all, no legal levy charges can be made by your company or your employees, whom I now suspect are in fact self employed (even though Mr. D XXXXXX claimed he was employed by yourselves)
In a further telephone call to Mr XXXXXXX, I outlined the legislation to him and he categorically refutes the said Act. These telephone calls have been recorded and will be used as evidence in my case of the attempted fraud by Mr XXXXXXX. He also claimed that he could clamp my vehicle which is under a hire purchase agreement, and thus legally cannot be interfered with by yourselves or your employees, any such interference is a criminal offence under The Road Traffic Act 1998. When he was told that he could not do this, he again repeatedly said that he could. I must also point out that the security system on the vehicle includes CCTV camera linked to motion sensors, so any attempt on the vehicle is recorded and data sent back to my computer. The private car park is also monitored by CCTV.
I am therefore completely disgusted with the actions of your so called employee and would demand that you take immediate action to investigate the matter, and I also set out my SAR request for a full breakdown of your charges to me within the statutory seven days. Hereby also take notice that I have commenced County Court action in the Plymouth County Court not only over the matter of the alleged parking contravention, but also by the way of a Form 4 complaint to the District Judge to seek the removal of the licences and certificates of your Mr. XXXXXXXX and your company and in court, compensation under Section 78(7) of The Road Traffic Act 1988 for the trespassing of your employee, and your company will be made to account for your employee’s actions. A further complaint has been filed with Devon and Cornwall Police under Sections 1 to 5 of The Fraud Act 2006 which may result in a criminal conviction for your employee, possibly a prison term, and hefty fines upon your company.
Plymouth City Council have assured me that they will be carrying out a full and thorough investigation into the behaviour and actions of your employee and the methods used by your company, and until such time as these investigations are concluded, your contract has been suspended.
XXXXXXX of, Plympton, Plymouth PL7 who works for Equita Limited.
Mr. XXXXX has committed numerous illegal fraud acts contrary to Sections 1 to 5 of The Fraud Act 2006, I should know, I have been one of his victims.
Also having done some further investigatory work and digging, it would appear that Mr. XXXXXXXX is NOT, and I repeat, NOT a Certificated Bailiff as his name does not appear on the latest HM County Court lists of Certificated Bailiffs, so he is clearly lying about his 'official' capacity.Everyone, be warned about him
Here is a copy of the complaint filed against him which has been sent to Equita Ltd's Directors by e-mail, and recorded delivery.
Complaint in lines with The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993–(as amended) and The Fraud Act 2006
I hereby make a formal complaint as to the very unreasonable and illegal behaviour of your Mr. D XXXXXX on this day XXXX XXXXXXXX 2011 when he ‘visited’ my home. To this date nobody from your company has ever visited my home, and I have evidence of this by the way of CCTV footage that is taken from the hallway areas of XXXXXXXXXX XXXXX. The only visit by your employee, who claims to be employed by yourselves, was today. He claimed that I owed more than £450 for an alleged and currently being challanged £125 parking incident with Plymouth City Council.
Upon receiving this notice from your ‘employee’ today, I sent a text message to him asking him to call me, which he did. Your Mr. XXXXXX claimed that I owed over £450, which is clearly extortionate and not in line with legislation laid down by The Enforcement of Road Traffic Debts (Certificated Bailiffs) Regulations 1993 which states that on the original alleged debt (if the alleged incident is proved) of only £125.44, your company could only charge £13.44 as in Section 1 of Schedule 1 for the letter and £42.16 (figures include VAT) as in Section 2 of Schedule 1 for the one only visit. Therefore the amount would only be £181.04 (if the alleged incident is proved). The amount of over £450 claimed by your illegal unregistered bailiff is clearly illegal and outrageous, and to such a complaint to Devon and Cornwall Police under The Fraud Act has been made. Checks have been made as to the registration with the HM Courts Service of your so called Certificated Bailiff and he is not registered and does not hold a current certificate. In relation to parking penalties, it is important to note Section 78(7) of the Road Traffic Act 1988, which states that “Any person who attempts to seize goods in payment of parking fines who is not a “Certificated Bailiff” and any person who authorises him are committing an “offence of trespass”.
For your clarification, I outline the legislation below. Further as no levy was made at all, no legal levy charges can be made by your company or your employees, whom I now suspect are in fact self employed (even though Mr. D XXXXXX claimed he was employed by yourselves)
In a further telephone call to Mr XXXXXXX, I outlined the legislation to him and he categorically refutes the said Act. These telephone calls have been recorded and will be used as evidence in my case of the attempted fraud by Mr XXXXXXX. He also claimed that he could clamp my vehicle which is under a hire purchase agreement, and thus legally cannot be interfered with by yourselves or your employees, any such interference is a criminal offence under The Road Traffic Act 1998. When he was told that he could not do this, he again repeatedly said that he could. I must also point out that the security system on the vehicle includes CCTV camera linked to motion sensors, so any attempt on the vehicle is recorded and data sent back to my computer. The private car park is also monitored by CCTV.
I am therefore completely disgusted with the actions of your so called employee and would demand that you take immediate action to investigate the matter, and I also set out my SAR request for a full breakdown of your charges to me within the statutory seven days. Hereby also take notice that I have commenced County Court action in the Plymouth County Court not only over the matter of the alleged parking contravention, but also by the way of a Form 4 complaint to the District Judge to seek the removal of the licences and certificates of your Mr. XXXXXXXX and your company and in court, compensation under Section 78(7) of The Road Traffic Act 1988 for the trespassing of your employee, and your company will be made to account for your employee’s actions. A further complaint has been filed with Devon and Cornwall Police under Sections 1 to 5 of The Fraud Act 2006 which may result in a criminal conviction for your employee, possibly a prison term, and hefty fines upon your company.
Plymouth City Council have assured me that they will be carrying out a full and thorough investigation into the behaviour and actions of your employee and the methods used by your company, and until such time as these investigations are concluded, your contract has been suspended.
)
Comment