i want to sue the council and bailiff for wrongful distress

[tattybogals]

i cant seem to find the form i need to sue my council and bailiff for wrongful distress. I have found form n244 but this has no guidance notes does anyone have a link to the guidance notes.. i don't want form 4 as this is a pile of tosh and unless you get a judge that got some the night before your knackered

[CleverClogs]

Re: i want to sue the council and bailiff for wrongful distress

i need to sue my council and bailiff for wrongful distress.

In what way(s) was the distress wrongful other than - of course - being needlessly distressing?

[tattybogals]

Re: i want to sue the council and bailiff for wrongful distress

he forced entry past me, forced me under the threat of police and arrest to sign a 'walking possession' that was for 2 wall clocks and a microwave- this is classed as a doormat levy i now know. the debt should have gone back to the council but instead the bailiff has hung on to it and has humped up the charges unlawfully...anyway i know where i stand legally i just cant find a court form for it

[FORCEOFONE]

Re: i want to sue the council and bailiff for wrongful distress

Have you exhausted the bailiff companies own complaints resolution service

Has the Local Authority responded to the complaint

When the bailiff just pushed past you, why did you not phone the police

Any court will want to know these reasons first and following correct procedure on bringing any civil claim

They are civil procedure rules, Pre action conduct

Just putting in a claim form is not simply enough

[tattybogals]

Re: i want to sue the council and bailiff for wrongful distress

really i thought i'd just put in a claim and that would be that.. i'm dealing with equita so that answers the complaints procedure.. what phone the police that say its a civil matter we arent getting involved..its his word against yours and that he was threatening to have me arrested anyway yes phoning the police is sound advice.. still waiting on the council but it wouldnt hurt to have the forms ready would it. do you have the answer to where can i find the forms with guidance notes?

[CleverClogs]

Re: i want to sue the council and bailiff for wrongful distress

he forced entry past me,

Unless you have an independent witness, that would be your word against his; unless you were lucky enough to get a judge who knows that bailiffs tell lies, you'd probably lose that point.

forced me under the threat of police and arrest to sign a 'walking possession'

Again, without an independent witness, you'd probably have difficulty proving that.

that was for 2 wall clocks and a microwave- this is classed as a doormat levy i now know.

It was certainly improper, as those items would not have fetched enough when sold even to meet the removal fee and the auction costs. Were those the only items levied upon?

the debt should have gone back to the council but instead the bailiff has hung on to it and has humped up the charges unlawfully...

This, alas, is far from unusual.

Have you now paid the debt?

anyway i know where i stand legally i just cant find a court form for it

That's because there isn't one.

To get a levy taxed, one would do so through a Magistrates' Court, but the bailiff company is likely to bring along a posse of barristers and try to hit you for costs should you lose.

To sue someone or a company, one merely starts a County Court claim in the usual way but - again - expect the claim to be excessively defended.

You'd be far wiser to take up the matter of the excessive and improper fees with your local council's Head of Revenues, escalating it (if needs be) to the Chief Executive and, if that doesn't work, take it to the Local Government Ombudsman. This procedure is less expensive - or free - and you'll have zero risk of having to pay the other side's costs.

[FORCEOFONE]

Re: i want to sue the council and bailiff for wrongful distress

But have you actually done anything as i have stated

just passing it off with contempt is not enough

you need a paper trail

[tattybogals]

Re: i want to sue the council and bailiff for wrongful distress

yes its his word against mine but he has to defend it and given the content of the walking possession form that has the 'pitiful just split with my partner and in fully furnished rented accommodation' items listed so theres an independent witness for that been a doormat levy and now hes already looking like the vulture he is so theres hope that a judge may take my side of the story..maybe?? theres over half outstanding on the debt as i dutifully paid on a DD every month for over a year but the bailiff has kept 3/4 of the £100 per month i paid for the charges on this levy... i got stumped for the full council tax of £1200 at my partners rented house as he put my name on it when i moved in i'd only been there 2 months when it all went tits up and he moved back in with his dad.. i then moved out to the place i'm in now and applied for c tax benefit.. they found me my names on the bill i get shafted..definitely another thread for.. how do i kill my X!! i was told that form n244 was the county court form i need but its got no guidance notes and i dont want to bugger up the application when the time arises as i'm sure it will. birmingham city council dont usally accept any liability in regard to the bailiff or Equita so i'm expecting a long slog. the only way to get this levy deemed unlawful so all the charges relating to it are quashed is to go to court and sue the bailiff. the council still take no responsibility for the bailiff charges.. i am waiting for a reply from the Chief Executive but not expecting anything more than i've already got from the rest.. oh and the bailiff's name is David Hunter if any one else knows him please let me know sigh.

[FORCEOFONE]

Re: i want to sue the council and bailiff for wrongful distress

An N244 is an application order

What are you asking for????

[pepsie]

Re: i want to sue the council and bailiff for wrongful distress

yes its his word against mine but he has to defend it and given the content of the walking possession form that has the 'pitiful just split with my partner and in fully furnished rented accommodation' items listed so theres an independent witness for that been a doormat levy and now hes already looking like the vulture he is so theres hope that a judge may take my side of the story..maybe?? theres over half outstanding on the debt as i dutifully paid on a DD every month for over a year but the bailiff has kept 3/4 of the £100 per month i paid for the charges on this levy... i got stumped for the full council tax of £1200 at my partners rented house as he put my name on it when i moved in i'd only been there 2 months when it all went tits up and he moved back in with his dad.. i then moved out to the place i'm in now and applied for c tax benefit.. they found me my names on the bill i get shafted..definitely another thread for.. how do i kill my X!! i was told that form n244 was the county court form i need but its got no guidance notes and i dont want to bugger up the application when the time arises as i'm sure it will. birmingham city council dont usally accept any liability in regard to the bailiff or Equita so i'm expecting a long slog. the only way to get this levy deemed unlawful so all the charges relating to it are quashed is to go to court and sue the bailiff. the council still take no responsibility for the bailiff charges.. i am waiting for a reply from the Chief Executive but not expecting anything more than i've already got from the rest.. oh and the bailiff's name is David Hunter if any one else knows him please let me know sigh.

Unfortunately Judges are trained to disregard emotive issues and they only deal in facts. The facts here are you allege a bailiff pushed past you, you allege the levy to have been made unlawfully, you allege the fees charged to be unlawful.......have you taken steps to gain factual evidence to these allegations?

Pepsie

[FORCEOFONE]

Re: i want to sue the council and bailiff for wrongful distress

You have to establish a Prima Facie case to stand up to scrutiny

[bizzybob]

Re: i want to sue the council and bailiff for wrongful distress

If the bailiff pushed you and you fell over and were injured then he would be in the soup, or if he was caught on CCTV acting aggressively, and threatening all sorts that were ultra vires his powers, then maybe there would be evidence.

[salsmoss]

Re: i want to sue the council and bailiff for wrongful distress

Not much you can do here in regards to suing. Always document everything with a camcorder or mobile phone camera that will catch the bailiff working illegally, if you had videoed them you would be in a position to sue their asses.