Bailiff

[bluebottle]

Re: Bailiff

The document he probably had with him was a facsimile warrant which are lawful. What is not lawful is for them to misuse the data sent to them by HMCTS in a manner that is misleading or misrepresents the law or material facts.

The original warrant is held by the court that issued it and can be inspected at the court by appointment. It will not have the fees printed on it, but it will have conditions printed on it that are not printed on the facsimile warrant which the bailiff hopes you don't know about and won't enquire about as, if you did, he would be stuffed or have some very awkward questions to answer.

As stated above, if you feel aggrieved, you should lodge a formal complaint with HMCTS Correspondence, Complaints and Litigation Unit.

[Sir Vere Brayne d'Emmidge]

Re: Bailiff

Hi,
I find that a little confusing,as the bailiff was holding what he said to me and the police was a distress warrant with the £300 added,
Does this mean he altered the warrant (that would be like me giving you a bill for a sum and you altering it ,then passing it to a customer)or, that it wasn't a proper distress warrant, and if not,why is he saying it is.
Surely, it's normal to show at least a copy of the original document upon which a charge is based on prior to collecting the fee's.
Maybe i don't have adequate understanding of these issues as this is not my profession but i think it is a valid question.

The Original letter from Marston (the one that spurred you to pay the fine but not the £85 compliance fee) would have stated quite clearly that if you did not pay the full amount within 7 days you would incurr further costs of £215 if a visit was made to recover the amount outstanding.

The bailiff did not alter the warrant, they just adde the fees as agreed with HMCTS.

As far as having the original warrant that is not necessary.....think, if a warrant of arrest was issued in your name would you expect every Police Officer in the Country to have an original in their back pocket just in case you crossed their path? Of course not!

The only warrant that must be in possession of who executes it is a Search Warrant issued to the Police for searching premises.

The advice you received from the "other" site has cost you an extra £215.....you should sue them!

[bluebottle]

Re: Bailiff

What else would one expect from Entrails?

Something offal? :grin:

[EDBEATTIE]

Re: Bailiff

Something offal? :grin:

Thanks for all your replies,however the comments you made regarding conditions that may be wriitten on the warrant implies there might be some irregularities or misrepresentation taking place and supports the feeling that something is not quite right with their work, why else the apparent efforts not to show the court distress warrant.
After all what difference would it make to carry a copy of the proper warrant or even produce an electronic copy on a hand held device once requested, if everything is proper.

With all respect, they are not arrest warrants ,they are distress warrants,these are different issues, so there is no excuse for not showing a copy, it,s easy to do if they have one in this day and age.It does seem as though they decide what they do and don't show.
Where's the freedom of information and data protection and anything else companies want to quote as and when it suits or are they for them only.
i am going to apply for a copy of the warrant to see it for myself as i understand that if i request one i should be shown it?
Nobody says they don't have a job to do and shouldn't be paid for it,the problem is one of attitude, don't treat people with the contempt they appear to show, and the self righteous demeanour with a false sense of self importance that demands a respect from people that they don't have and don't get and probably never will.
A few more people skills in their training would not go amiss.
I am always amazed how people re-act to other people when you give them some kind of badge and tell him he's now eligible to shaft other people,stick out their chest and off they go, works all the way through, as once you think you have some kind of control over other people you lose sight that you actually have no control of yourself , start acting like you don't come from where you come from, then, choo lost it mang.
Respect for other peoples homes/belongings costs nothing.
As for the other site stuff, i am sure the advice, correct or incorrect is given in good faith and it's designed to help people if possible,
I am pretty sure that once i paid the fine that the visits that followed is not right and all they should have chased is the £85 for reminding me of a default.
That is the issue i intend to thoroughly research ,as i can accept a fee for work to some extent but not a piss take, because that is what i believe has taken place.
I am having trouble accepting that someone is given authority to break into my home for £300, it is not right and it is not acceptable.
I would like thank again, everyone who has taken the time to read and reply and found this a beneficial experience with this issue.

[bluebottle]

Re: Bailiff

Thanks for all your replies,however the comments you made regarding conditions that may be wriitten on the warrant implies there might be some irregularities or misrepresentation taking place and supports the feeling that something is not quite right with their work, why else the apparent efforts not to show the court distress warrant. The original distress warrant, as issued by the court, is held at the court. The bailiff receives a data file with the minimum information, required by law, with which to execute distress. However, if it is suspected the bailiff is being disingenuous, or misusing the data or misrepresenting their powers or acting outside the law, the debtor has the right to view the original court warrant at the court.
After all what difference would it make to carry a copy of the proper warrant or even produce an electronic copy on a hand held device once requested, if everything is proper. Some documents can be carried on a handheld device, but others must be as hard copy.

With all respect, they are not arrest warrants ,they are distress warrants,these are different issues, so there is no excuse for not showing a copy, it,s easy to do if they have one in this day and age.It does seem as though they decide what they do and don't show. If there are any doubts as to the bona fides of a bailiff or their claims or actions, these should be referred to HMCTS immediately.
Where's the freedom of information and data protection and anything else companies want to quote as and when it suits or are they for them only. The Data Protection Act 1998 is one of the most frequently misused and misquoted pieces of legislation. Section 35 of the Act is frequently overlooked until you remind them of this provision and it is then that their backsides start playing tunes as they realise they are f****d and know you know they are f****d. i am going to apply for a copy of the warrant to see it for myself as i understand that if i request one i should be shown it? You need to make an appointment with the court that issued the warrant to view it.
Nobody says they don't have a job to do and shouldn't be paid for it,the problem is one of attitude, don't treat people with the contempt they appear to show, and the self righteous demeanour with a false sense of self importance that demands a respect from people that they don't have and don't get and probably never will. Any misconduct by contracted bailiffs should be reported to the bailiff company, in the first instance, or HMCTS Criminal Enforcement Team.
A few more people skills in their training would not go amiss. A good hard slap would probably be more effective.
I am always amazed how people re-act to other people when you give them some kind of badge and tell him he's now eligible to shaft other people,stick out their chest and off they go, works all the way through, as once you think you have some kind of control over other people you lose sight that you actually have no control of yourself , start acting like you don't come from where you come from, then, choo lost it mang. Until they come across well-informed individuals who can stuff, truss and roast them alive.
Respect for other peoples homes/belongings costs nothing. True.
As for the other site stuff, i am sure the advice, correct or incorrect is given in good faith and it's designed to help people if possible, Putting it politely, I have reservations as to the accuracy of what is on there.
I am pretty sure that once i paid the fine that the visits that followed is not right and all they should have chased is the £85 for reminding me of a default.
That is the issue i intend to thoroughly research ,as i can accept a fee for work to some extent but not a piss take, because that is what i believe has taken place. if you genuinely believe the bailiff made an unnecessary or vexatious visit, you should pursue the matter with HMCTS as a formal complaint.
I am having trouble accepting that someone is given authority to break into my home for £300, it is not right and it is not acceptable. There are safeguards to prevent abuse, but bailiffs are skilled in the dark arts of hoodwinking debtors and police officers.
I would like thank again, everyone who has taken the time to read and reply and found this a beneficial experience with this issue. You're welcome.

Responses in red text.