Bailiffs with the wrong address

[worriedinlondon]

Re: Bailiffs with the wrong address

Get the cauldron of boiling oil ready to pour through the machicolations? (link)

Lol, I knew the cauldron had to be useful for something other than Halloween party decoration :-)

[bizzybob]

Re: Bailiffs with the wrong address

Lol, I knew the cauldron had to be useful for something other than Halloween party decoration :-)

Get a picture of the bailiff, or better still a lock of his/her hair, and boil it in the cauldron...........

[ploddertom]

Re: Bailiffs with the wrong address

Get a picture of the bailiff, or better still a lock of his/her hair, and boil it in the cauldron...........

Evebn better would be to tar & feather him!

[bizzybob]

Re: Bailiffs with the wrong address

Evebn better would be to tar & feather him!

How about put the bailiff in the cauldron with the tar?

[Milo]

Re: Bailiffs with the wrong address

Can the oaf not check the Electoral Roll?

No he cannot. The court issue the Distress Warrant and send a copy electronically to Collectica ( or any of the other 3 companies) to enforce.

The bailiffs role is merely to enforce the warrant and in so doing; the bailiff must abide by the strict wording on the warrant which states as follows:

"To xxxx you are hereby commanded to" etc, etc.

What this means is that unless told otherwise, the bailiff is "commanded" to enforce the warrant. The bailiff cannot go "behind" the warrant.

It is vitally important to ensure that if the debtor does not live at the property that you send an email to Collectica to advise them of the position and to volunteer to provide some sort of documentary evidence ( such as a recent council tax bill).

I would also advise that you send a text message to the bailiff to inform him (or her) that you have written to the court and copied Collectica as well to advise that the debtor does not live at the address.

PS: If you have contacted the magistrate court they should arrange to put the account on hold for approx 14 days to allow you to write to them.

PS: Did you send your letter by email? This is the best way to contact them.

[Bigboots]

Re: Bailiffs with the wrong address

Have an urgent question for the Bailiff experts
Must the Notice of Eviction form EXE 54 be sealed by the Court

Sparkie

I don't believe this is a requirement. As I understand it (and this is from trespass claims), the bailiffs even giving you notice is merely a guideline, not a necessity.

However, the possession order itself must very definitely be sealed by the court and include the relevant information, such as exactly what was ordered, the judge's name and date and the claim number.

You must also be made aware of this order. For example, if neither you nor your solicitor attended the final court hearing, then the possession order should be hand delivered in such a way that you could not avoid seeing it (especially if you are in a shared house).

If you don't know why the possession order has been granted (or did not have a fair crack at the court hearing), then you can apply for stay of warrant AND set-aside of judgment (not just one), using an N244 in person at the court office.

However, technicalities in the bailiff's notice are not enough to hold up your eviction, sorry...

[Bigboots]

Re: Bailiffs with the wrong address

What this means is that unless told otherwise, the bailiff is "commanded" to enforce the warrant. The bailiff cannot go "behind" the warrant.

That's wrong.
He can if the creditor himself gives permission to negotiate, or (as in this case) the circumstances as he finds them make it evidently unjust to enforce the warrant in the form as it stands (ie wrong identity, or compelling evidence debt cleared since the order was made).

However, it is always wise to let him know of this before he visits, since the visit is chargeable and he might want to just get the job done, wrong or right, letting someone else argue about it afterwards, rather than go home and then argue the toss about his fee.

[wales01man]

Re: Bailiffs with the wrong address

Am I missing something here?the OP is not the named person !

[CleverClogs]

Re: Bailiffs with the wrong address

Am I missing something here?the OP is not the named person !

Two threads have become intermingled, resulting in what might be described as a tangled skein.

[Sir Vere Brayne d'Emmidge]

Re: Bailiffs with the wrong address

That's wrong.
He can if the creditor himself gives permission to negotiate, or (as in this case) the circumstances as he finds them make it evidently unjust to enforce the warrant in the form as it stands (ie wrong identity, or compelling evidence debt cleared since the order was made).

However, it is always wise to let him know of this before he visits, since the visit is chargeable and he might want to just get the job done, wrong or right, letting someone else argue about it afterwards, rather than go home and then argue the toss about his fee.

Not wrong, but unfortunate for the OP.

For some unknown reason, which might be evident from the "crime" that was committed, the Court had the OP address on file as that of the defendant.

The Court and Collectica would have written to the defendant at the OP's address, but since both were not addressed to HIM, quite rightly he put them back in the post to return to sender.

Neither would have taken the returned mail as proof that the defendant did not live at that address, and a visit by a "Field" Officer would be made anyhow, even if to ascertain that the defendant does not live there or that the property is empty or if the defendant is hiding in the loft.

My motto used to be: In God I trust, everyone else I check!

[bizzybob]

Re: Bailiffs with the wrong address

if the bailiff came to the wrong address as in High Street rather than High lane, the bailiff tried to force his way in, I removed him forcibly could i rely on R v Tucker as a precedent to justify it even if it was Marstons and he was aggressive and abusive for a magistrates court debt. Obviously I would ask the bailiff to show me the address on the warrant to ascertain if the warrant was to High Lane first.

Whatever the reason, if it was to the right address but wrong person, I would be straight onto the court to see where the mess up came from. If the bailiff came to the wrong street, would he have a leg to stand on when he tried to get me arrested. as in put wrong street into TomTom and I kicked him out when the foot went in the door?

Op should deal with the court as bailiff is only acting on the warrant, he can do nothing else.

[Sir Vere Brayne d'Emmidge]

Re: Bailiffs with the wrong address

If the bailiff came to the wrong street, would he have a leg to stand on when he tried to get me arrested. as in put wrong street into TomTom and I kicked him out when the foot went in the door?

Depending on how hard you kicked the bailiff, if it was in both shins with steel toe caps I doubt it, same boot but up the arse....make sure you aim for the cockix (I think it's spelled like that) because that'll crush both sciatic nerves.

But seriously...not even a prostetic leg, the bailiff had no reason to be at your address except his/her stupidity, and if he/she asked you if you were the defendant and you provided him/her with proof to the contrary then one should not wait till dawn to tie them to a pole and employ a firing squad.

[bluebottle]

Re: Bailiffs with the wrong address

Sir Vere has given you the necessary steps to, probably, make absolutely sure the bailiff hasn't got a leg to stand on, BB.

Seriously, if a bailiff is somewhere where he/she should not be because of their own incompetence, to cover yourself, you should ask them to remove their carcass from your property. When I was in the job, it was normal to make two requests for a trespasser to leave, the second request being accompanied by a warning that force would be used to remove them if they did not leave, followed by forcible removal if they still remained on property after the second request. If they kicked off once they had been removed, they normally ended up being taken to the nick to be charged with Breach of the Peace.

[bizzybob]

Re: Bailiffs with the wrong address

Op should deal with the court and try to ignore the bailiff in the meantime, but the case of wrong address and faulty trace is becoming more common, and as Sir Vere points out, the bailiff is technically enforcing a warrant so until the facts are established that the third party is indeed the wrong person, there can be no complaint about them calling. However if they are shown proof, of the error and are requested to leave whilst it is sorted with the court and still persist I personally would remove the bailiff, forcibly if neccessary, phone the police then contact the court, providing the bailiff hasn't been evasive and witheld the information about the debt.

There is confusion about addresses where I live and this scenario is highly likely, as we get post for right house number, wrong street, regularly.

One other aspect of the increasing use of mobiles is the recycling of numbers by the operators. If someone registers the phone on contract, there is a danger if the bailiff co does a trace and gets the address of the new holder of that number, and calls even if it is Mr Jones on that number now not Jack Smith.

I was issued a new work mobile, last week, and first day I had the phone was bombarded by calls from Rossendales Collect for a previous holder of that number, They still call at random even now, but they have a shock coming, I will be fetching up at their office with proof of ID.

[CleverClogs]

Re: Bailiffs with the wrong address

I was issued a new work mobile, last week, and first day I had the phone was bombarded by calls from Rossendales Collect for a previous holder of that number, They still call at random even now, but they have a shock coming, I will be fetching up at their office with proof of ID.

Why bother?
Just waste their time and their money. (link) msl: