Bailiff without a valid warrant of execution

[bluebottle]

Re: Bailiff without a valid warrant of execution

Thanks, all - does anyone have the name of the 1980 Act? - I've been googling to try and find the appropriate bit quoted by Sir Vere regarding the nil VED making it equivalent to an invalid carriage and an invalid carriage being off-limits to a bailiff, but getting nowhere on it. Thank you again.

Prior to the Motability scheme being set up, the government provided disabled persons with what can only be described as a three-wheeled sit-on lawnmower. Under Motability, disabled persons in receipt of Higher Rate Mobility Component of Disabled Living Allowance (DLA) are entitled to be issued with a free-of-charge VEL showing "Disabled" as the Tax Class and £00.00 for the Duty Paid. All "Disabled" VELs are issued by DVLA under the authority of a certificate issued by the DWP's DLA Office at Blackpool. Each certificate has a serial number. The "Disabled" VEL renders the vehicle an Invalid Carriage and that is exempt from seizure, as without the invalid carriage, a disabled person would be housebound and the bailiff would come up against the DDA and the HRA. I suspect the 1980 Act Sir Vere alludes to is something relating to the courts. I am sure he will be along later to clarify this.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

Thanks, all - does anyone have the name of the 1980 Act? - I've been googling to try and find the appropriate bit quoted by Sir Vere regarding the nil VED making it equivalent to an invalid carriage and an invalid carriage being off-limits to a bailiff, but getting nowhere on it. Thank you again.

[bluebottle]

Re: Bailiff without a valid warrant of execution

For which no Commencement Order has yet been made and which consequently still remains a prospective rather than an active statute.

However, until this happens, the 1980 Act, as alluded to by Sir Vere, in his post, remains in force and is applicable in the OP's case.

Re: Bailiff without a valid warrant of execution

Tribunals Courts and Enforcement Act 2007

For which no Commencement Order has yet been made and which consequently still remains a prospective rather than an active statute.

[Sir Vere Brayne d'Emmidge]

Re: Bailiff without a valid warrant of execution

Sir Vere, I apologise if this comes across as 'nagging', but please could you (or anyone) give me either the full name of the act/a link?

"a vehicle wich is taxed as an invalid carriage i.e. £0, can not be clamped by statute, it as in the 1980 act"

Would be good to add in to the LGO complaint I am currently compiling.

Many thanks
df

Tribunals Courts and Enforcement Act 2007

[dementedfeline]

Re: Bailiff without a valid warrant of execution

Sir Vere, I apologise if this comes across as 'nagging', but please could you (or anyone) give me either the full name of the act/a link?

"a vehicle wich is taxed as an invalid carriage i.e. £0, can not be clamped by statute, it as in the 1980 act"

Would be good to add in to the LGO complaint I am currently compiling.

Many thanks
df

[bluebottle]

Re: Bailiff without a valid warrant of execution

bluebottle, sneaky - I like it!

Judge in N244 hearing already administered sort of rebuke to council which I shall be quoting.

Thank you!

The LGO deals with issues of maladministration by local authorities. The report that results from an investigation by the LGO, if an adverse adjudication against the local authority and their enforcement agent, can be cited or referred to in a complaint against a bailiff.

In a case in Hampshire, during 2012, a copy of a police report was sent to the DJ at Bournemouth & Poole County Court along with other evidence and a letter from the complainant and which resulted in a certificated bailiff losing their certificate without a Form 4 or a hearing. The court used the Civil Procedures Rules to do this.

Hope this clarifies matters.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

bluebottle, sneaky - I like it!

Judge in N244 hearing already administered sort of rebuke to council which I shall be quoting.

Thank you!

[bluebottle]

Re: Bailiff without a valid warrant of execution

Which varmints did that - and why were they not prosecuted?

It was some time ago. I doubt the courts know it goes on. However, if the courts don't know, how can they do anything about it?

As with a lot of things in life, we learn in hindsight and the best policy would be, in the case of such advertisements being spotted, is that the matter be brought to the attention of the court at which the prospective bailiff is to be certificated and let them tackle the prospective bailiff and bailiff company about it.

[bluebottle]

Re: Bailiff without a valid warrant of execution

bluebottle, yes I understand that a letter to the judge and NOT a form 4 complaint is the way to go. Do you have any advice on general wording, please?

Hi DF,

I have noted that you are waiting for a Final Response from the local authority before referring the matter to the LGO. Can I suggest that you put the letter to the judge on hold until the LGO issues an adjudication? The reason for this is if the LGO issues an adverse adjudication against the local authority and bailiff company, this adds more weight to the letter to the judge. :tinysmile_twink_t2:

Re: Bailiff without a valid warrant of execution

I know there have been cases where a bailiff company put notices in a local newspaper threatening anyone who submitted adverse comments about a person applying for a bailiff certificate with legal action.

Which varmints did that - and why were they not prosecuted?

Re: Bailiff without a valid warrant of execution

Run the bugger over with a mobility scooter, then reverse back over them just to make sure. Those mobility scooters can cause serious injury, especially the Class 3 type.

No, don't do that.

It would make a mess of the wheels.

Re: Bailiff without a valid warrant of execution

I just can not believe that some cretin clamped an invalid carriage....that should be enough to make them eligible for a double kneecapping.

I've fixed your post for you. :grin:

[dementedfeline]

Re: Bailiff without a valid warrant of execution

bluebottle, yes I understand that a letter to the judge and NOT a form 4 complaint is the way to go. Do you have any advice on general wording, please?

[bluebottle]

Re: Bailiff without a valid warrant of execution

Sir Vere, I've googled unsuccessfully - pls could you give the name of the Act/link to the appropriate bit, please.

Currently waiting for council "final response" before off to LGO, although I have already had preliminary phone call with them.

Bailiff was only certificated in May this year, so any pointers on letter to judge would be gratefully received. The recent horror stories about thousands of pounds being awarded AGAINST the bringers of Form 4 complaints make that a non-starter though.

Thanks again
df

You should never submit a Form 4 unless a bailiff has done something that is so serious a judge has no choice but to revoke their certificate. The problem that now faces a lot of people who have been the victims of rogue bailiffs is that the Form 4 procedure has been overused and used inappropriately in the past.

What you are being advised to do is to send a letter to the senior judge at the bailiff's certificating court, drawing Their Honour's attention to the bailiff's actions and seeking the judge's advice as to whether they consider the bailiff should lose their certificate or whether it should lie on file and then tackle the bailiff when their certificate falls due for renewal.

The language in which such letters are written may appear a little archaic to the layman and give the impression the writer of the letter is crawling up the judge's backside, but giving the right impression and using the correct etiquette can make a difference.