Help with false claims made by bailiffs

[steveo]

edited for privacy while this is resolved, text will be replaced and an update given on the outcome. Many thanks to those who have helped so far.

[labman]

Re: Help with false claims made by bailiffs

What you have written is good and the bailiff was clearly in the wrong. Any court will expect you to follow the bailiff company's own complaints procedure first before going to court, and I suspect all you would get back from them would be the fees (plus interest at 8%). It would be for the friend to take the family member to court to recoup the rest of his losses I fear.

I'm very happy to be corrected as have been off forum for a while so probably a little rusty.

[bluebottle]

Re: Help with false claims made by bailiffs

Steveo,

Is the proposed letter something you have written yourself or copied from a bailiff help website? I am a retired policeman and there are a number of issues within the letter itself I have reservations about, particularly, what appears to be an assumption of guilt. Also, you, as a private individual, cannot bring proceedings under the Proceeds of Crime Act. However, looking at the circumstances, there may be a case to answer under Section 21, Theft Act 1968 (Blackmail). Was the bailiff allowed to make a peaceable entry or did they force their way in? If you can provide this information, I will help you put together a letter that will, hopefully, help to recover your friend's money.

[steveo]

Re: Help with false claims made by bailiffs

Thanks so much to both of you for taking the time to read and reply.

edited for privacy while this is resolved, text will be replaced and an update given on the outcome

Thanks again.

[bluebottle]

Re: Help with false claims made by bailiffs

Never assume guilt in a letter of claim. You have to, first, describe what the defendant did, then point out the offence and then quote the prescribed penalty before continuing. I am going to send you a PM. Check your inbox in about five minutes.