Bailiffs harrassment

[valeriej43]

I am asking this question for a friend who is waiting for a case to be heard in the county court,which she is contesting
Although she is waiting for confirmation of when the case will be heard,and has sent all papers back to the court that they need,she is being harrassed and threatened by bailiffs who i believe shouldnt be doing this while awaiting a court date, she says there is a backlog of cases, but as it is already lodged with the court, should the bailiffs even be contacting her
She has told them what the situation is and that she has nothing of worth,the came back with you have and we can take it,she is worried sick about this
I have suggested she rings the court and asks them to confirm that this is going through court
I have also suggested she visits this site

[bluebottle]

Re: Bailiffs harrassment

Before anyone gives advice, Valerie, could you confirm if your friend has a County Court Judgement (CCJ) against them?

[valeriej43]

Re: Bailiffs harrassment

Not as far as this case is concerned, dont know about any in the past

[labman]

Re: Bailiffs harrassment

Can we have more detail please? What is the case about? What's the history? What has happened so far with bailiffs? How did they come to be instructed?

[valeriej43]

Re: Bailiffs harrassment

Apparently there IS a CCJ on this case, but she ignored it as she thought it was a scam, as the other person had been threatening her before all this, but doing nothig
Its very complicated the other person and my friend came to an agreement about something and the other person changed their mind,
Cant really say much as its personal to her,and i suggested she came to this site herself
Mainly she wanted to know if the bailiffs could do anything while there was court action being taken, i think this is my friend contesting the case against her
Sorry i cant go into it more, its up to her,

[bluebottle]

Re: Bailiffs harrassment

Apparently there IS a CCJ on this case, but she ignored it as she thought it was a scam, as the other person had been threatening her before all this, but doing nothig
Its very complicated the other person and my friend came to an agreement about something and the other person changed their mind,
Cant really say much as its personal to her,and i suggested she came to this site herself
Mainly she wanted to know if the bailiffs could do anything while there was court action being taken, i think this is my friend contesting the case against her
Sorry i cant go into it more, its up to her,

Strictly speaking, when a CCJ is made, the Plaintiff cannot enforce it straight away. Depending on which track the case has been dealt with, there is a period of 14-28 days following the granting of the CCJ during which the Defendant can appeal against it. During this period, the Plaintiff cannot commence any enforcement without the permission of the court or unless the court has directed otherwise at the original hearing at which the CCJ was granted.

Your friend certainly needs to speak to the Court Manager and find out what is going on and also speak to the bailiff company and make them aware the CCJ is being challenged. To the best of my knowledge and belief, the bailiffs may well be in contempt of court or committing the offence of perverting the course of justice, in which case, they may be liable to prosecution, and may be liable to legal action for harassment under Section 2, Protection from Harassment Act 1997, also. The court needs to be made aware of this as a matter of urgency. Do you know which bailiff company is involved, please?

[labman]

Re: Bailiffs harrassment

Really we need to know what sort of bailiffs these are, County Court bailiffs or High Court Enforcement Officers. Technically, and depending on the size of debt, it could be either, or, if passed to the High Court for enforcement it could be Private Bailiffs.

Without this knowledge it is really impossible to give solid advice. The name of the bailiff company may tell us the answer, whether your friend received 7 days written notice of the bailiffs coming may tell us the answer.

We really need your friend to come and give more detail if possible. Many personal issues are shared on here and nobody is judged for anything - we are here simply to help as best we can.

Ultimately of course, it has to be their decision. :beagle:

[valeriej43]

Re: Bailiffs harrassment

I will pass the message on, its such a complcated case as far as i can tell that i may get some details wrong if i even attempt to explain,
I will again urge her to come onto this forum,
Thank you

[valeriej43]

Re: Bailiffs harrassment

Apparently there is a backlog at the bulk centre where she sent a cheque for judgement to be set as,so that is why the bailiffs came, the court hadnt received her papers then
All i know is that the court is at Northampton

[pepsie]

Re: Bailiffs harrassment

Your friend if applying to have a judgment set aside MUST in the interim period make an application to stay all execution. This can be done on form N244 and if on low income or benefits then form ex160 for fee remission (with proof to income) should accompany the N244. Until such time as that is in place the bailiff/HCEO are within their rights to proceed to execute any Judgment/Writ of Fi'Fa'.

Pepsie
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Just to add....it is highly recommended the N244 be taken to the local County Court in person, give the Court staff the explanation the matter is of urgency as quite often they willl seek a 'spare' Judge who can make the order on the spot, after which your friend will need to advise the bailiff the order has been made usually the Court will advise them the order is in place but it is always better to make sure they definately have that info.

Pepsie

[bluebottle]

Re: Bailiffs harrassment

If an appeal is waiting to be heard, the bailiffs should not even be acting. They cannot say they do not know this. It is a case of "Ignorance of the law is neither a defence or an excuse". In the vast majority of County Court cases, unless ordered otherwise, the Payment Order clearly states that the Plaintiff must allow the Defendant the right of appeal. If, in this case, the Plaintiff has mislead the bailiffs, then both the Plaintiff and the bailiffs could be in serious trouble, as they will be acting without lawful authority. Follow Pepsie's advice and submit the Form N244.

[labman]

Re: Bailiffs harrassment

It is the N244 that stays the execution of the warrant though, so surely until this processed is execution will continue. :beagle:

[valeriej43]

Re: Bailiffs harrassment

Thank you i have passed that message on,hopefully my friend will act on it and soon

[bluebottle]

Re: Bailiffs harrassment

It is the N244 that stays the execution of the warrant though, so surely until this processed is execution will continue. :beagle:

You are correct if the Appeal Period has expired. However, if the Defendant is still within the Appeal Period, the Plaintiff and bailiffs are acting outside the law and liable to legal action, including arrest without warrant.

[boomer]

Re: Bailiffs harrassment

hello valeriej43 and others who have posted on this thread. i am so happy you have told me to register with this forum and hope people can help me.
case is getting more complicated. basically i swapped cats with a breeder, my cat is a proven stud and her cat is a kitten. it first started that i wanted to purchase her kitten and we agreed a price, she then came back and said she wanted to swap and i paid petrol for her to come and do this swap. all was fine until 4 days after she took my cat. she has used my cat to her girls which is why she didnt want to wait for a vet check, all done very quickly between a friday evening and the following morning. anyway both vets spoke and i was assured it was just a case of a change in diet and my cat had a poorly tummy. she then contacted rspca who went away happy. next i get a letter from this breeder giving me until such a date to pay her alot of money. i then within a week received a judgement by default. i contacted the courts and posted my forms off without my defence as i was told i cant defend a judgement until its set aside. contacted bailiffs after having letter 2 weeks later, my paperwork is backlogged at the bulk centre. i have informed bailiffs im defending but now have a ccj on this case, never been to court before in my life. bailiff says they can come and take things as the hearing hasnt gone a head yet. im more worried about my cat as they say they can levy it. today still waiting to hear from court and bailiffs are knocking at the door. they dont care im trying to defend my case as i havent done anything wrong. i have tried talking to the claimant but she just shouts and says shes keeping my cat and wants lots of money. i dont know what to do. as with the ccj there is a warrant of execution which is why bailiffs are trying so hard to take everything. thankyou valeriej43 i feel better by telling my story on this forum.