rossendale bailiffs

[singledaddy]

I have had several dealings with rossendale bailiffs. The first was 10 months ago when they were chasing me for £650+ for council tax on a property I wasn't even on the tenancy for. On this occasion as I didn't know who it was I answered the door and him and his chrony forced their way past me into my house. I called the police but as there was two of them and one of me it was a case of their word against mine as to forced entry so I was forced to borrow money to pay the full balance. I hadn't heard hide nor hair from them again until yesterday when another minion of rossendales came to my door, new address may I add, demanding 'fees' incurred from 10 months ago, totalling £197 for first and second visit apparently and van fee. I went to close the door and he stuck his foot in the way. Again I called the police as I was informed he was trespassing, just my luck the attending officer happened to be a rugby friend of the previous bailiff I had dealings with 10 months ago. He backed the bailiff up stating he had every right to place his foot within my property even though the 'warrant' the bailiff was mentioning was from march last year. As I had to leave to pick my son up from school and I didn't want to leave this low life scum bag in my house I had no choice but to pay the fees out of my rent. Can I report the bailiff? Could I get these supposed fees back? Any help would be grateful

[ploddertom]

Re: rossendale bailiffs

Although the foot in door process is not classed as peaceful entry unless you have fully independent witnesses or film of some description then it is your word against theirs. In other words pointless making a complaint.

Have you checked to make sure all of these Bailiffs were currently Certificated when they visited? You should send off for a breakdown of their fees - see Useful Letters and use Letter 1 from the Stickies, ask for details of ALL accounts they hold for you. Send initially by email followed by a Leter in the post - obtain a Certificate of Posting.

[singledaddy]

Re: rossendale bailiffs

Although the foot in door process is not classed as peaceful entry unless you have fully independent witnesses or film of some description then it is your word against theirs. In other words pointless making a complaint.

Have you checked to make sure all of these Bailiffs were currently Certificated when they visited? You should send off for a breakdown of their fees - see Useful Letters and use Letter 1 from the Stickies, ask for details of ALL accounts they hold for you. Send initially by email followed by a Leter in the post - obtain a Certificate of Posting.

I was filming him from the moment I realised who it was at my door. The footage is of his top half though so its not really visible on the video when he forces his foot into the door. I requested a breakdown of costs from tosserdales but obviously they weren't willing to divulge just gave me the usual, 'you need to speak to the bailiff in charge of the case' blah blah blah

[singledaddy]

Re: rossendale bailiffs

And yes by the looks of it both bailiffs I knew the name of are registered and certified

[CleverClogs]

Re: rossendale bailiffs

And yes by the looks of it both bailiffs I knew the name of are registered and certified

Although, alas, not confined to a madhouse. :grin:

Did you record the woodentop telling you that it was "legal" for the bästärd bailiff to jam his boot in your door?

Can you upload the video or videos to YouTube and post a link here?

[CleverClogs]

Re: rossendale bailiffs

Which council is this?

[singledaddy]

Re: rossendale bailiffs

Although, alas, not confined to a madhouse. :grin:

Did you record the woodentop telling you that it was "legal" for the bästärd bailiff to jam his boot in your door?

Can you upload the video or videos to YouTube and post a link here?

Unfortunately I was using my phone to record the scumbag so the recording stops at the point I call the police. Yeah I could try uploading it to YouTube not sure how useful the video will be but any help will be useful. Oh and its Cornwall council

[bizzybob]

Re: rossendale bailiffs

If the police have said and even the sound is on the video, that it was Ok for tossers bailiff to foot in door, it would be woeful for them further down the road.

[singledaddy]

Re: rossendale bailiffs

If the police have said and even the sound is on the video, that it was Ok for tossers bailiff to foot in door, it would be woeful for them further down the road.

The police didn't see the video, I mentioned it but the officer laughed it off and said my best option is to pay him up. Like I said he was very pally pally with the bailiff

[bluebottle]

Re: rossendale bailiffs

This case has similarities with R -v- Tucker [2012] which also involved two bailiffs from Rossendales and who are now minus their bailiff certificates. The appeal judge in R -v- Tucker, ruled that a foot in the door was forced entry and in Rai and Rai -v- Birmingham City Council [1993] a foot in the door was ruled to be forced entry. A debtor is within their rights to use as much reasonable force as necessary to remove a bailiff from their property who has forced entry without lawful authority and refuses to leave. (R -v- Tucker)

Can you be heard telling the bailiff to remove their foot from the door in the video footage you have available? If so, this could be persuasive to a circuit or district judge at the court which issued their certificate to relieve them of their certificate. Video footage often speaks volumes and did so in a case, in Hampshire, during 2012. A Ross & Roberts bailiff had their certificate discharged (cancelled) without a Form 4 being completed and without a court hearing after video footage accompanying other evidence was seen by the district judge at the court which issued their certificate.

[singledaddy]

Re: rossendale bailiffs

This case has similarities with R -v- Tucker [2012] which also involved two bailiffs from Rossendales and who are now minus their bailiff certificates. The appeal judge in R -v- Tucker, ruled that a foot in the door was forced entry and in Rai and Rai -v- Birmingham City Council [1993] a foot in the door was ruled to be forced entry. A debtor is within their rights to use as much reasonable force as necessary to remove a bailiff from their property who has forced entry without lawful authority and refuses to leave. (R -v- Tucker)

Can you be heard telling the bailiff to remove their foot from the door in the video footage you have available? If so, this could be persuasive to a circuit or district judge at the court which issued their certificate to relieve them of their certificate. Video footage often speaks volumes and did so in a case, in Hampshire, during 2012. A Ross & Roberts bailiff had their certificate discharged (cancelled) without a Form 4 being completed and without a court hearing after video footage accompanying other evidence was seen by the district judge at the court which issued their certificate.

Yes it can be clearly heard me asking him to remove his foot from the door on more than one occasion. Do yoh think I have a case then? Who would be best to vontact first about this?

[singledaddy]

Re: rossendale bailiffs

https://www.youtube.com/watch?v=RE0-...e_gdata_player

[bluebottle]

Re: rossendale bailiffs

Yes it can be clearly heard me asking him to remove his foot from the door on more than one occasion. Do yoh think I have a case then? Who would be best to vontact first about this?

Cornwall Council have form for turning a blind eye to Rossendales' behaviour. Copy the raw footage to DVD and send copies to -

CEO, Cornwall Council
Head of Revenue, Cornwall Council
Leader, Cornwall Council
Leader of Opposition, Cornwall Council
Mr S Sawyer, Chief Constable, Devon & Cornwall Police

I suspect that Shaun Sawyer will be very interested to hear his plod's explanation for condoning and failing to deal with unlawful behaviour. His friendship with the bailiff may also result in him having some awkward questions to answer. His actions - or lack of them - may amount to Neglect of Duty.

Send DVD copies also to your ward councillors, MP and Eric "Pie Eater" Pickles.

[singledaddy]

Re: rossendale bailiffs

Cornwall Council have form for turning a blind eye to Rossendales' behaviour. Copy the raw footage to DVD and send copies to -

CEO, Cornwall Council
Head of Revenue, Cornwall Council
Leader, Cornwall Council
Leader of Opposition, Cornwall Council
Mr S Sawyer, Chief Constable, Devon & Cornwall Police

I suspect that Shaun Sawyer will be very interested to hear his plod's explanation for condoning and failing to deal with unlawful behaviour. His friendship with the bailiff may also result in him having some awkward questions to answer. His actions - or lack of them - may amount to Neglect of Duty.

Send DVD copies also to your ward councillors, MP and Eric "Pie Eater" Pickles.

Thank you for your help :-D much appreciated. I've posted a link to view the video on YouTube. If you can view it do you think its a case to answer or do you think I won't have much hope or luck.

[bluebottle]

Re: rossendale bailiffs

Did Rossendales remove any goods and have they provided a copy of the invoice for the van? Also, have they previously gained peaceable entry, not forced their way in?