Bailiffs - certified or not?

[bizzybob]

Re: Bailiffs - certified or not?

Have to agree, I can think of several bailiff companies that are as bad if not worse than Marstons, in other ways, such as one that is an incorrigible clamper and remover of third party goods, another owned by a company with fingers in too many pies that routinely frontloads fees, and is being investigated by trading Standards...... Perhaps we regard them all with a jaundiced eye equally until they all learn to behave.

[Qpips]

Re: Bailiffs - certified or not?

Can I just say, I think we need to be careful when talking generalities about assuming it's Marstons. Marstons get 75% of bailiff work, so it is likely they will get more complaints, but the whole industry is rife with malpractice.

If a case refers specifically to Marstons, fine; if it doesn't, I think we need to be careful not to mention specific companies.

I am, by the way, the last to be sticking up for bailiffs, as most on here know, but we do need to be careful. The case above is a good example.

Apologies! Genuine mistake, please feel free to delete post..

[labman]

Re: Bailiffs - certified or not?

I don't know whether this still applies but originally the MOJ permitted the Bailiff Co's to employ those without a Certificate for 6 months - just for visiting I think - but my understnding was that to take a levy etc then whoever did so still had to be properly Certificated. Be worth investigating.

I believe a private bailiff who is not certificated can work, but basically only in the capacity of a private debt collector, in which case obviously they must hold their own Consumer Credit Licence. If they don't, a complaint should be made to the Office of Fair Trading.

They MUST be certificated to collect:

• Council Tax,
• Business Rates (NNDR)
• Parking Charge Notices (PCN’s)
• Congestion Charging,
• Child Support Agency
• Inland Revenue
• Customs & Excise (VAT)
• Magistrate Court Fines

The following is taken from http://www.bailiffadviceonline.co.uk with many thanks:

Although bailiffs executing distress warrants for Magistrates Court fines do not have to be certificated by law, HMCS have included a clause within each Contract that all bailiffs enforcing such warrants must be certificated. Therefore, there is a contractual obligation that they must be certificated. However, we understand that each bailiff company have in fact been given a 6 month grace period for their bailiffs to become certificated.

[Qpips]

Re: Bailiffs - certified or not?

In my OH case, is was a Magistrates fine.

[CleverClogs]

Re: Bailiffs - certified or not?

The following is taken from http://www.bailiffadviceonline.co.uk with many thanks:
Although bailiffs executing distress warrants for Magistrates Court fines do not have to be certificated by law, HMCS have included a clause within each Contract that all bailiffs enforcing such warrants must be certificated. Therefore, there is a contractual obligation that they must be certificated. However, we understand that each bailiff company have in fact been given a 6 month grace period for their bailiffs to become certificated.

Wasn't the "6 month grace period" given to each bailiff company at the start of its contract, rather than allowing each bailiff company (at some later date in the contract) 6 months for every new bailiff to obtain a certificate?

[labman]

Re: Bailiffs - certified or not?

Wasn't the "6 month grace period" given to each bailiff company at the start of its contract, rather than allowing each bailiff company (at some later date in the contract) 6 months for every new bailiff to obtain a certificate?

You may be right - I honestly don't know, sorry.

[labman]

Re: Bailiffs - certified or not?

It would appear I'm right. See pages 5-6 of the attached pdf (Source: https://consult.justice.gov.uk/digital...bailiff.../trasnforming-bailiff-ia.pdf )

[Milo]

Re: Bailiffs - certified or not?

As stated in the Impact Statement bailiffs enforcing Magistrates Court fines are permitted to work without being certificated for a period of 6 months and after this time, they MUST be certificated and this is outlined in the HMCS Contract with the enforcement companies.

[CleverClogs]

Re: Bailiffs - certified or not?

As stated in the Impact Statement bailiffs enforcing Magistrates Court fines are permitted to work without being certificated for a period of 6 months and after this time, they MUST be certificated and this is outlined in the HMCS Contract with the enforcement companies.

Does that mean that a hooligan can be employed by one company for just under six months, before migrating to another company to do the same again?

How would this affect those bailiffs said to be self employed but whose services are only used by one company?

[labman]

Re: Bailiffs - certified or not?

Does that mean that a hooligan can be employed by one company for just under six months, before migrating to another company to do the same again?
Possibly, but I suspect there's a safeguard built in somewhere - can't say for certain. Don't forget that as long as they are not certificated their powers remain strictly limited.

How would this affect those bailiffs said to be self employed but whose services are only used by one company?
They would have to be certificated after 6 months. In reality, where this is the case certification tends to be much faster anyway.

[CleverClogs]

Re: Bailiffs - certified or not?

But what were the Ministry morons thinking when they allowed this?

Did nobody realise that untrained, uncertificated and hence unregulated should not be let loose on the public and that, if they were, mistakes and over-charging could/would result?

[labman]

Re: Bailiffs - certified or not?

I agree. One can only summise there were not enough certificated bailiffs at the time to do the work, so this was put in. It is inviting abuse in the same way self regulation does.

[bizzybob]

Re: Bailiffs - certified or not?

I agree. One can only summise there were not enough certificated bailiffs at the time to do the work, so this was put in. It is inviting abuse in the same way self regulation does.

It needs root and branch reform, in fact Distress as a remedy belongs in the Middle Ages, or a Dickensian nightmare and should be abolished. A bailiff is merely a legally empowered thug, and thuggee was suppressed two centuries ago.

[wales01man]

Re: Bailiffs - certified or not?

bizybob
you summed it up very well,and how ridicolous that an uncertified bailiff can do the job for six months a driver needs a licence to drive no period of grace there as with someone who wants a gun licence proves bailiff companies will do anything for money in or outside of the law.
The debate goes on?

[Qpips]

Re: Bailiffs - certified or not?

Even if "my" Bailiff were in the 6 month "probation period" there were no restrictions on enforcement - plus, Marston's told me they were certified.