Does a bailiff need to be certificated for HMCTS distress warrant?

[Fizz]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

If the condition in the contract applies at the commencement of the contract, PT, no bailiff and no contracted bailiff company has any excuse now. All bailiffs executing DWs for HMCTS should be certificated. I do know, from having spoken to HMCTS enforcement and court staff, that there is disquiet about the activities of firms, like Marstons, and HMCTS can and have withdrawn DWs from contracted bailiff companies where the contracted company has been caught misleading/lying to HMCTS or some other transgression.

HMCTS Civilian Enforcement Officers (CEOs, also known as Warrant Officers) are perfectly capable of dealing with fine defaulters/debtors and, in areas where they are used, debtors report that HMCTS CEOs are fair, reasonable and treat them like human beings.

The case for rescinding the contracts of the four private-sector bailiff companies is growing ever stronger, if some of the posts on LB are anything to go by.

Hiya, not sure I follow the entire threat but would like your thoughts on the following:

In March 2013 was visited by a Marston with a distress warrant for HMCTS fines dated in March 2010 and 2011, for tv licence and fail to give information, from a previous address. First I knew of it. Said I needed to check my records, he threatened locksmiths. No ID and not certificated. He went away leaving me to come up with the money.
In April 2013 he waited for me to leave house, and called me form my own landline telephone, stating he was in property with police. I come back, he had a marston headed distress warrant, claimed he didn't need to be certificated. Police hadn't checked warrant or certificate before watching him with locksmith punch out door lock. This was confirmed when I arrived and asked them.
Police informed me the bailiff had same rights as they do to enter home without carrying a warrant as all done 'electronically'
He didnt remove items from the house, instead opting to remove 2 cars for fine of £2237.

The bailiff claimed his certificate was pending and he had 6 months grace. I have since discovered he is now certificated but with another company.

Does a HMCTS fine authorise bailiffs carrying out their warrants entry by locksmith?

[wahoo_thomas]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

Does a bailiff need to be certificated for HMCTS distress warrant? I have received conflicting information on this.
I had been advised they most certainly do, THEN bailiff claimed he doesn't need to be, AND he can carry out work for 6 months before certificate is issued, BUT then a month on from being advised he most certainly needs to be I received info which claimed indeed he doesn't need to be, and bailiffs can work for up to 6 months uncertificated.

This site seems to give honest, knowledge advise - could someone please clarify?

Sorry guys but have read the thread and have not seen an answer to this ,I myself would like to know a definitive answer

ty

[labman]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

Sorry guys but have read the thread and have not seen an answer to this ,I myself would like to know a definitive answer

ty

Yes!

(as definitive as you'll get. There has to be the caveat of post 2 as that is a fact.)

[Fizz]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

May be I should reword slightly. Does a HMCTS fine authorise non certificated bailiffs carrying out court warrants entry by locksmith?

I kinda get post #2 and #5 but in my case the bailiffs certification seemed to be pending with another company not instructed to carry out the warrant issued

Do I have grounds to complain, and to who? The fine and fees have been paid, although marston slapped on another fine, for this I have no paperwork at all so dont know what it was for. Collected one car, had to scrap other.
How can we be sure who are collecting for who and what if theres no way of verifying? With so many fraudsters, people could be handing out thousands to those posing as bailiffs 'pending certification'

[CleverClogs]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

Collected one car, had to scrap other.

Why?

What did the nasty bailiff do to the poor thing?

[Fizz]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

lol
Both cars were taken to pound. One car was removed from my drive, had been sitting there with no tax, Mot, insurance - had planned on selling cheap. I'd have to arrange recovery truck for it, laying out more money.

[ploddertom]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

Fizz

Have you had an actual breakdown of the Bailiffs charges? If seizure & removal were made did you receive both Notice of Seizure (Form 7) & Removal Notice (Form 9)? Who authorised the forced entry?

[Fizz]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

I received a 'notice of seizure' (F7) for £2237, after cars were on the truck, and received a 'removal notice' (F9) , dated 23 April, a couple of days after paying them, I had to pay £2542, I have receipt dated 22 April.
I have posted in other forums seeking assistance, and haven't been comfortable with the endless case law I dont understand, and therefore cannot explain or defend if needed to. Have also been advised not to ask for fees but just 10 mins ago I sent an email asking for the fines, breakdown etc (used template on sticky) as I just do not know what the third fine was for and how the fees were calculated.
Feel I have been going round in circles last couple of months

As for forced entry, mr uncertificated himself - apparently - he says court warrants gives him that authorisation. Oh and police sergeant (there was a stand off for 3 hours with 2 female officers and bailiff and flatbed truck and claw thingy, so he come down) googled for the information and stated yep, he can use locksmith?!?!

[CleverClogs]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

An Order in Council should be made, stating that when an uncertificated bailiff is seeking to levy distress, at least one certificated bailiff must also be in attendance.

That would stop this abuse.

[Fizz]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

Funny you should sat that! Whilst he was rummaging around the house, he did say that a certificated bailiff would come down with a van to remove goods. That didnt happen.

[ploddertom]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

I think this is one that should be revisited by the HMCTS Enforcement Team, Bluebottle may be the one for this.

[CleverClogs]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

As certification of bailiffs has been such an overwhelming success, shouldn't it be extended to cover burglars?

[Fizz]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

As certification of bailiffs has been such an overwhelming success, shouldn't it be extended to cover burglars?

Well according to the police sergeant anyone entering someone's home in itself is not a crime, uninvited ot not. He went on to say it is only a crime if the person causes damage doing so, or intends to burgle !!!! Are they for real ????

[Fizz]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

I have a whole summary of the incident (written/text/pics/video) - the more I look over it the more exasperated I get - I really just don't know where to go with this. Yep, I got fined (the car incident is beyond me coz I was never ever stopeed in the car the fine states I was driving and failed to provide information on) TV licence - likely I missed this. All were at old address. I have to pay. But this surely doesn't give bailiffs equal rights of entry as the police?

[charitynjw]

Re: Does a bailiff need to be certificated for HMCTS distress warrant?

Are they for real ????

I doubt it!