bailiffs threating to take my stuff

[bluebottle]

Re: bailiffs threating to take my stuff

To be honest, it might be better if Poppilea contacted the HMCTS Area Enforcement Team (contact details in Post #27) and sought guidance from them, especially as she is not the defendant, her son does not live with her and it looks likely someone, somewhere has fouled-up.

[wales01man]

Re: bailiffs threating to take my stuff

All well and good saying the son must contact the court.
Lets imagine the son was estranged from the mother and she did not know where he was how then would she deal with this if the advice given by some is its down to the son to sort it.
Bailiffs must im sure have to persue the correct person if they demand payment with threats to another is that not an offence?

[bizzybob]

Re: bailiffs threating to take my stuff

All well and good saying the son must contact the court.
Lets imagine the son was estranged from the mother and she did not know where he was how then would she deal with this if the advice given by some is its down to the son to sort it.
Bailiffs must im sure have to persue the correct person if they demand payment with threats to another is that not an offence?

Once sufficient proof has been provided, perhaps Criminal Harrassment contrary to TheProtection from Harassment Act 1997 S1
1 Prohibition of harassment.

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

The subsections 3 b and c would not apply as soon as the bailiff was furnished with proof that they had the wrong person imho. There may be other offences to level at the bailiff and court staff if they do not rectify the error and withdraw the warrant in a timeous manner.

[wales01man]

Re: bailiffs threating to take my stuff

About time charges were made against the rogue bailiffs

[labman]

Re: bailiffs threating to take my stuff

All well and good saying the son must contact the court.
Lets imagine the son was estranged from the mother and she did not know where he was how then would she deal with this if the advice given by some is its down to the son to sort it.
Bailiffs must im sure have to persue the correct person if they demand payment with threats to another is that not an offence?

I don't think there's anything to suggest that is the case here, is there? :beagle:

[wales01man]

Re: bailiffs threating to take my stuff

that's a scenario that no doubt happens I know she knows where the son is.
the thread was moving to what if?

[bluebottle]

Re: bailiffs threating to take my stuff

One might even wonder if their apparent misinformation was not the result of a simple mistake but an attempt to garner fees by "making the bailiff have to visit".

If they are doing that, Cloggy, HMCTS will not be happy bunnies as that sort of behaviour would tend to bring the courts and HMCTS into disrepute. There is a clause in the bailiff companies' contracts making it quite clear that such behaviour will not be tolerated.

[bluebottle]

Re: bailiffs threating to take my stuff

Once sufficient proof has been provided, perhaps Criminal Harrassment contrary to TheProtection from Harassment Act 1997 S1
1 Prohibition of harassment.

(1)A person must not pursue a course of conduct—

(a)which amounts to harassment of another, and

(b)which he knows or ought to know amounts to harassment of the other.

(2)For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3)Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a)that it was pursued for the purpose of preventing or detecting crime,

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

The subsections 3 b and c would not apply as soon as the bailiff was furnished with proof that they had the wrong person imho. There may be other offences to level at the bailiff and court staff if they do not rectify the error and withdraw the warrant in a timeous manner.

I would say that making a demand for payment from someone who was not a defendant and accompanying the demand with threats would be more than harassment, BB. Bearing in mind the ruling in the case of R -v- Hereford Magistrates Court ex parte Macrae, in the event that the court has issued a DW in error, then it must be withdrawn and all enforcement action must cease as soon as it becomes apparent that the DW has been erroneously issued. To not withdraw an erroneously-issued DW once it was known that issue should not have taken place would mean the court was, itself, in breach of the law, and this would, possibly, expose HMCTS to litigation.