Bailiff without a valid warrant of execution

[dementedfeline]

So, due to some quite spectacular council stupidity, it turns out that the nice bailiff who clamped my friend's car and threatened her with a tow truck/auction if not paid in full IMMEDIATELY, DESPITE being shown a filed OOT and told that said friend qualified as vulnerable under 3 different headings as per National Standards and car having Blue Badge/disabled rate tax did NOT have a valid warrant. Council had asked for it to be reissued to her current address but it hadn't been.

This has caused said friend so far 2 months of spectacular stress and impacted her health, not to mention me paying the bailiff as she had no money. The bailiff fees are, as you would expect, also questionable.

So, I'm expecting a full refund from the council shortly (assuming someone's found a brain cell), but other than LGO, where else can we complain regarding bailiff? NOT going down the Form 4 route, for sure. Is it worth writing to judge of certificating court to have the information on file when his certificate comes up for renewal? Ultimately will bailiff wriggle out of it by saying "well, the council told us to do it"? I'm pretty sure the LGO will spank the council, but want to make sure that the bailiff is held to account as well.

Thanks

[bluebottle]

Re: Bailiff without a valid warrant of execution

Apparently this was another one of Newlyn's finest idiots.......... I'm hoping that both the people affected will turn up on a forum for some help, but who knows.

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

On a serious note, this amounts to a blatant breach of the Data Protection Act 1998. Newlyn's senior management need to get a grip on those responsible for doing this and kick their backsides around the office car park a few times. However, if a number of debtors have made formal complaints to the ICO and the ICO is considering enforcement action against Newlyns, the maximum penalty is £500,000 and that could make Newlyns focus on their legal obligations under the Act, as well as seriously deplete their Office Christmas Party Fund.

[bizzybob]

Re: Bailiff without a valid warrant of execution

Apparently this was another one of Newlyn's finest.......... I'm hoping that both the people affected will turn up on a forum for some help, but who knows.

Perhaps we should refer to that particular company as Screwlyn as in screw every penny they can from a debtor, or Screwup, as they keep getting it wrong.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

Apparently this was another one of Newlyn's finest.......... I'm hoping that both the people affected will turn up on a forum for some help, but who knows.

[bizzybob]

Re: Bailiff without a valid warrant of execution

Have Shytehouse diversified into forcibly collecting Council Tax?

If they have none ofthe money would be going to the council.....

Re: Bailiff without a valid warrant of execution

It wasn't Brighthouse, by any chance? That sounds more like their modus operandi.

Have Shytehouse diversified into forcibly collecting Council Tax?

[bluebottle]

Re: Bailiff without a valid warrant of execution

So Marstondales ( Marstons now own Rossendales) should be subjected to the intervention of the press. The Daily Heil and Torygraph have downers on bailiffs at the moment, and it would cause much champagne socialist chattering in the Grauniad

BTW BB a bailiff could be seriously injured around the shins if a disabled debtor decided to ram him with the projecting foot rests of a regular wheelchair, so they hasd better be careful if they try to snatch a scooter...

This bailiff needs tolchoclking around the block. Seriously Formal Complaints as far as the LGO are appropriate.

I used to work with wheelchairs and mobility scooters before becoming disabled myself, BB. They can cause serious injury, including broken bones and detached retinas.

[bluebottle]

Re: Bailiff without a valid warrant of execution

bluebottle - the guy who posted on the other forum has just updated:

"This is worth adding.

This morning when I left my flat I went down to the communal front door and inside was an SA$ sheet of red paper with bold black print addressed to my neighbour. It was not in an envelope and stated boldly that it was from baliffs who had come to repossess property in lieu of three months council tax arrears and because they were unable to gain access they would be back.

Are they allowed to push unenveloped correspondence of this nature through communal letterboxes?

However the reason I post that here is because the baliffs were not other than the same Nelwyn.

It might be that they work for Brent Council and are totally out of control."

It wasn't Brighthouse, by any chance? That sounds more like their modus operandi. In answer to your specific question, whoever left the letter has committed a breach of the Data Protection Act 1998.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

bluebottle - the guy who posted on the other forum has just updated:

"This is worth adding.

This morning when I left my flat I went down to the communal front door and inside was an SA$ sheet of red paper with bold black print addressed to my neighbour. It was not in an envelope and stated boldly that it was from baliffs who had come to repossess property in lieu of three months council tax arrears and because they were unable to gain access they would be back.

Are they allowed to push unenveloped correspondence of this nature through communal letterboxes?

However the reason I post that here is because the baliffs were not other than the same Nelwyn.

It might be that they work for Brent Council and are totally out of control."

[bluebottle]

Re: Bailiff without a valid warrant of execution

bluebottle - the Newlyn idiot is over at http://forums.pepipoo.com/index.php?showtopic=85829

Sadly, it's a 3rd party report, so don't know if the person affected will surface on a forum for help.

Many thanks for that, DF. I would not call a bailiff who does the sort of thing you have highlighted "extra stupid". That is too good for them. Beneath contempt is more appropriate. And I have to say that I agree with the comments posted on Pepipoo that the bailiff could be looking for alternative employment and that a judge will not be a happy bunny if a formal complaint is made to the courts.

[bluebottle]

Re: Bailiff without a valid warrant of execution

Not sure about "cabbage patch dolls". See the thumbnail below, Andy. I've "grabbed" this from the UK Column website at www.ukcolumn.org, where Cameron is known as "Cabbage Patch Doll".

My point was that this is not "proposed legislation", the 2007 act and more importantly part three schedule 12 obtained royal ascent in 2007, at that point it became legislation, these are subsequent regulations made under it in order to enact various powers already in existence.

There are many other powers contained within part three that could be enacted via the relatively simple procedure, including those for forced entry on the first visit to reclaim civil debts. I am aware of the procedure you refer to, Andy. However, a statute or parts thereof can be repealed even after receiving the Royal Assent and even after the Commencement Order to bring them into force has been issued.

There is a promise that these are shelved at lest for the foreseeable future, but one does wonder, why if they are never to be used they have not been permanently repealed. I think you will find you are not alone in thinking that, Andy.

@@@@

[dementedfeline]

Re: Bailiff without a valid warrant of execution

oops - duplicate post.

Re: Bailiff without a valid warrant of execution

I have no doubt that Cabbage Patch Doll will try and rush stuff through, as he and his cronies are trying to do with a number of Bills, but a change of Parliament in the meantime could scupper that.

Health Secretary Jeremy Hunt has found that when people band together, they can scupper your plans by using the courts. Hunt was slapped down by the High Court and, then, the Court of Appeal over his attempts to close Lewisham Hospital and other hospitals. Mad Madame Mim May got a slap from the courts when she tried to stop someone taking her law-breaking to the courts for Judicial Review. The courts told her, in no uncertain terms, that she did not have the power to do what she attempted to do.

I have noticed that people are using the courts more to keep the politicians in line. The Cabbage Patch Doll and his cronies have underestimated the resolve, intelligence and strength of spirit of the people, as always, and that this is this government's weakness.

Not sure about "cabbage patch dolls".

My point was that this is not "proposed legislation", the 2007 act and more importantly part three schedule 12 obtained royal ascent in 2007, at that point it became legislation, these are subsequent regulations made under it in order to enact various powers already in existence.

There are many other powers contained within part three that could be enacted via the relatively simple procedure, including those for forced entry on the first visit to reclaim civil debts.
There is a promise that these are shelved at lest for the foreseeable future, but one does wonder, why if they are never to be used they have not been permanently repealed.

[dementedfeline]

Re: Bailiff without a valid warrant of execution

bluebottle - the Newlyn idiot is over at http://forums.pepipoo.com/index.php?showtopic=85829

Sadly, it's a 3rd party report, so don't know if the person affected will surface on a forum for help.

[bluebottle]

Re: Bailiff without a valid warrant of execution

Regulatory procedure is already in place, the are two more sets of regulation due out anytime issued under the same section also.

I have no doubt that Cabbage Patch Doll will try and rush stuff through, as he and his cronies are trying to do with a number of Bills, but a change of Parliament in the meantime could scupper that.

Health Secretary Jeremy Hunt has found that when people band together, they can scupper your plans by using the courts. Hunt was slapped down by the High Court and, then, the Court of Appeal over his attempts to close Lewisham Hospital and other hospitals. Mad Madame Mim May got a slap from the courts when she tried to stop someone taking her law-breaking to the courts for Judicial Review. The courts told her, in no uncertain terms, that she did not have the power to do what she attempted to do.

I have noticed that people are using the courts more to keep the politicians in line. The Cabbage Patch Doll and his cronies have underestimated the resolve, intelligence and strength of spirit of the people, as always, and that this is this government's weakness.