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

[bluebottle]

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

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 ????

Being a retired copper, I can tell you the police sergeant was talking total codswallop. Forcible entry to a residential property without lawful authority and against the wishes of the lawful occupier is Criminal Trespass. This sergeant needs to go back to training school or lose his stripes.

[bluebottle]

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

I would say that the bailiffs and the police are in for a kicking, and potentially cough up damages

It will be interesting to see if the seizure is actually lawful, given the fact the bailiff was not certificated and his conduct. If the forced entry was not properly authorised, the bailiff and Marstons are likely to take a kicking and the police sergeant is likely to feel the toe of his superintendent's boot up his rear end.

[bizzybob]

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

It will be interesting to see if the seizure is actually lawful, given the fact the bailiff was not certificated and his conduct. If the forced entry was not properly authorised, the bailiff and Marstons are likely to take a kicking and the police sergeant is likely to feel the toe of his superintendent's boot up his rear end.

If the vehicles have been sold, there may well be issues of consequential loss

[bluebottle]

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

If the vehicles have been sold, there may well be issues of consequential loss

Marstons may well find themselves in the same situation Jacobs did when they f:censored:d-up. MC Distress Warrants clearly state, at Condition 2, that a bailiff may not take any vehicle used by the debtor in connection with their employment, business or vocation. If you look at Marstons' letterhead warrants, these conditions are omitted and when press to provide a copy of the actual court warrant for inspection, they will only provide a letterhead warrant and insist that is the warrant. That is one of the reasons I have referred the matter to HMCTS.

[bizzybob]

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

Hopefully HMCS will be receptive to those concerns, and do something about it, like do Marstons and the others for fraud after they have rescinded the contracts.

[bluebottle]

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

Link?

I'll find it and put it on its own thread, Cloggy.

[bluebottle]

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

Hopefully HMCS will be receptive to those concerns, and do something about it, like do Marstons and the others for fraud after they have rescinded the contracts.

The HMCTS Senior Enforcement Managers I have had dealings with are very helpful and do ask to be informed of transgressions by contracted bailiffs as they can then pass details up to HMCTS senior management who are in a position to call bailiff company management in for a grilling.

[bizzybob]

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

The HMCTS Senior Enforcement Managers I have had dealings with are very helpful and do ask to be informed of transgressions by contracted bailiffs as they can then pass details up to HMCTS senior management who are in a position to call bailiff company management in for a grilling.

Rare, medium, well done, or cremated?

[bluebottle]

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

Rare, medium, well done, or cremated?

Depends on how bad their bailiffs have been. If HMCTS had gotten wind of Melanie Boswell's transgression, I reckon it would have been curtains for Marstons' contract with HMCTS. HMCTS senior management take the sort of behaviour Boswell engaged in very seriously.

[CleverClogs]

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

Hopefully HMCS will be receptive to those concerns, and do something about it, like do Marstons and the others for fraud after they have rescinded the contracts.

:flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig:

[bizzybob]

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

:flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig: :flypig:

We can live in hope CC, remember the glass is half full

[CleverClogs]

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

One should never be amazed by the indolence or indifference of civil "servants".

[bizzybob]

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

One should never be amazed by the indolence or indifference of civil "servants".

I never am, after all we live to pay their wages or so they think.

[Fizz]

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

Ideal, Fizz. Thank you. I'll post up the contact details for the HMCTS Senior Enforcement Manager for the London area. You would be better sending them an email. Put "For Attn. of Senior Enforcement Manager" in the subject box, then, at the heading of your email, put -

Your Full Name
Date of Birth
Current Home Address
Court Reference

Also, provide contact telephone numbers so that someone from the Regional Enforcement Team, usually, the Service Delivery Manager, can contact you to discuss the matter and confirm any details.

And the contact details are -

Senior Enforcement Manager - London
Email: gl-cao.corresp@hmcts.gsi.gov.uk

Their office is in Southwark, London SE1.

At last, some straight talking no nonsense, realistic advice :cheer2: thank you

I'll have a go at compiling as factual account as possible. Fortunately I've the names and numbers of attending officers/sergeant. Is it worth starting from the beginning listing the paperwork I received and the dates of visit. How much detail do you think is required.
Or should I just be asking for if the bailiff was authorised to carry out the action of entering with a locksmith, and was there a warrnat?

[labman]

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

At last, some straight talking no nonsense, realistic advice :cheer2: thank you

http://www.legalbeagles.info/forums/...ailiff-Threads


See what I mean?

It could have been answered in 4 posts - 2, 5, 26 and 35. Instead we have 60.