Legality of Warrant Execution

[bloated]

Hello guys

Does anyone have a legal precedence regarding whether a Baillif must leave a copy of the warrant when taking goods?

A judge ruled that it was not a legal requirement of enforcement but good practice?

Need to know if I can appeal his judgement.

Bloated

[labman]

Re: Legality of Warrant Execution

He does not have to leave one I don't believe. However, you have the right, and should exercise this right, to ask to see the warrant of execution before anything is removed.

He does not have to have it on him, but he MUST tell you where you can go to inspect it.

I'm off out for a minute, but will plough through the regs when I get back. I've spent literally tens of hours doing exactly this over the past few days, and don't recall reading anywhere that a warrant must be left. I wasn't specifically looking for that though, so give me a couple of hours and I'll have a root around for you.

[dog after a bone]

Re: Legality of Warrant Execution

hi i would think that you should have received a copy ,otherwise how can they prove what items have been removed ,or what items are on the manifest[as in which items are recorded as they need to acount for alll items taken].
hope this helps failing this contact court enforcement dept and ask they have to explain !!
rich in hull[not legally qualified

[bluebottle]

Re: Legality of Warrant Execution

hi i would think that you should have received a copy ,otherwise how can they prove what items have been removed ,or what items are on the manifest[as in which items are recorded as they need to acount for alll items taken].
hope this helps failing this contact court enforcement dept and ask they have to explain !!
rich in hull[not legally qualified

Unfortunately, as Labman correctly states, at present, it is only good practice for a certificated bailiff to have a warrant of execution with them when they call at your home. However, you should be aware that certificated bailiffs are schooled in the dark arts, i.e. lying, cheating, bullying, intimidation, and will do anything to get into a debtor's home and get money from them, even to the extent of lying to the police.

Do not ever let a certificated bailiff into your home.

[labman]

Re: Legality of Warrant Execution

Sorry, that was a long minute, but I stand by what I said in Post 2!