Bailiff acting for more than 1 firm

[charitynjw]

Hi all

I did see a post or two on another thread concerning this, but I thought I'd start another thread on this, as it is difficult to access the info when it's embedded in another topic.

In the instant case, I've checked on the bailiff register.
One surname does appear (not sure whether it is the same guy, as he is listed 'Southend Court' & this visit is way over west in Bucks).

He is not listed as an employee of the local authority bailiff firm.

Ploddertom did post that it is possible for a self-employed bailiff to carry out work for the contracted firm, but also said that most LA's don't permit this*.

How can we find which LA's do/do not allow this?

And could the bailiff experts here give us unenlightened ones an overview of the bailiff/employment rules.

Ta in anticipation.

* http://www.legalbeagles.info/forums/...any#post256582

[labman]

Re: Bailiff acting for more than 1 firm

When you say, 'an overview of bailiff/employment rules' do you mean the requirements for certification or what?

As regards finding out which LA's permit Private Bailiffs to do contracted work for them, short of phoning and asking them, I haven't clue I'm afraid. Hopefully someone will know, but I'm not aware of there being a list of them. Having said that, I've never tried to find one.

[charitynjw]

Re: Bailiff acting for more than 1 firm

Lol!

Thanks, Labman, you've addressed my (badly-written) question.

I was wondering how we could check which LA's allowed sub-contract bailiffs.

As for the requirements for certification, I would hazard a guess that single-digit IQ's & cro-magnon parentage would figure high on the agenda, lol!

[labman]

Re: Bailiff acting for more than 1 firm

Well I'm glad my badly written answer has answered your badly written question! :beagle: pmsl!!!!!

[cards down]

Re: Bailiff acting for more than 1 firm

Have sub-contract bailiffs been around for a while or are they possibly up to no good? Pardon my suspicions :spy:

[labman]

Re: Bailiff acting for more than 1 firm

Private bailiffs have been around for ages. As to your other question I suspect, like any bailiff, they are up to no good.

[ploddertom]

Re: Bailiff acting for more than 1 firm

A Bailiff when Certificated may do this at any County Court within England & Wales and this will also allow him to work anywhere - again within England & Wales. For example a Bailiff could be Certificated at Berwick County Court and carry out his duties in Cornwall.

Most Bailiffs are Certficated to work for a specific employer - Rossendales, Jacobs etc. If he changes his employer he must surrender his Certificate and obtain a new one for his new employer.

To find the current status of a Bailiff there are several options open.
1 - the Bailiff Register - gives a quick guide but not 100% up to date.
2 - ring the MOJ - again not 100% accurate
3 - contact the Court the Bailiff was Certificated at - this should produce the most up to date result

There is one exception and that is for those Bailiffs who are self-employed - no employer will show on any request. It has cropped up before when one is chasing Council Tax or the like. Nothing really wrong with that although the local authority may not like it. Most LA's will refuse to allow their contractors to sub-contract work out - not just enforcement, reference may be made to it in the SLA or contact the authority concerned to ask - there is no register.

[Malookoo]

Re: Bailiff acting for more than 1 firm

A Bailiff when Certificated may do this at any County Court within England & Wales and this will also allow him to work anywhere - again within England & Wales. For example a Bailiff could be Certificated at Berwick County Court and carry out his duties in Cornwall.

Most Bailiffs are Certficated to work for a specific employer - Rossendales, Jacobs etc. If he changes his employer he must surrender his Certificate and obtain a new one for his new employer.

To find the current status of a Bailiff there are several options open.
1 - the Bailiff Register - gives a quick guide but not 100% up to date.
2 - ring the MOJ - again not 100% accurate
3 - contact the Court the Bailiff was Certificated at - this should produce the most up to date result

There is one exception and that is for those Bailiffs who are self-employed - no employer will show on any request. It has cropped up before when one is chasing Council Tax or the like. Nothing really wrong with that although the local authority may not like it. Most LA's will refuse to allow their contractors to sub-contract work out - not just enforcement, reference may be made to it in the SLA or contact the authority concerned to ask - there is no register.

What would the position be if a bailiff is listed as working for an employer (confirmed by the court where he was certified) but has not worke for them for 6 months has not apparently got a bond in place, then working for another employer an HCEO ( I realise he doesn't have to be Certificated to act for HCEO ) but tells the Police he is a Certified bailiff and proceeds with criminal activity?

[bluebottle]

Re: Bailiff acting for more than 1 firm

One word of warning about the MoJ Bailiff Register. I recently rang the MoJ to check if someone was registered as a certificated bailiff as their name was not showing. The answer I got from the MoJ's Bailiff Department was, "If a person's name is not on the register, they are not registered as a bailiff." Pretty clear, huh?

[ploddertom]

Re: Bailiff acting for more than 1 firm

What would the position be if a bailiff is listed as working for an employer (confirmed by the court where he was certified) but has not worke for them for 6 months has not apparently got a bond in place, then working for another employer an HCEO ( I realise he doesn't have to be Certificated to act for HCEO ) but tells the Police he is a Certified bailiff and proceeds with criminal activity?

If he has no Bond then his Cerificate is invalid and should have been surrendered. He runs the risk of arrest for impersonating a Bailiff.
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One word of warning about the MoJ Bailiff Register. I recently rang the MoJ to check if someone was registered as a certificated bailiff as their name was not showing. The answer I got from the MoJ's Bailiff Department was, "If a person's name is not on the register, they are not registered as a bailiff." Pretty clear, huh?

That's as may be but the process starts at the local County Court and the Regulations state they only have to forward an up to date copy of their register twice a year. In practice most do comply as soon as any changes are made but until the MOJ Register can be updated by submissions from the County Courts it will always lag behind.

[labman]

Re: Bailiff acting for more than 1 firm

If one reads the stickies in the bailiff thread, you will find that this issue is addressed and states quite clearly that the court should be contacted if the bailiff does not show on a MOJ phone call. The court is the only place where the most recent information can be accessed.