enforcement officer

[ploddertom]

Re: enforcement officer

You could see if they will accept it, but they could pass it on to the HCEO - if they accept payment and do not tell then they become responsible for all the fees. THe only guaranteed way to halt this at present nis to pay in full to the HCEO - doing that does not preclude you applying for Set Aside afterwards, as that then is the only application you would need to make. If successful they would have to reimburse every penny paid including the original debt which you then pay to the Claimant.

Nearest Court for your purposes would probably be Worcester, you could check by ringing them 01905 730 800 others can be found at https://courttribunalfinder.service....gions/midlands

[andyadc]

Re: enforcement officer

thank you ploddertom

i think i will call first thing in the morning and pay the debt in full, and then i will let all hell break out then,
im not short of funds so they wont know whats hit them.
i will start buy applying to the court for this to be set aside,
i will also fill the form 4 and complain about the bailiff. i will make official statements from my recordings of the conversations i had with burlingtons and also the bailiff, the man at burlingtons told me on my recording i had no one to complain to and he lied to me
i will also try and claim for all my costs and time i will spend on this including travel by taxi to worcester and back ))

thanks for your help

andy

[ploddertom]

Re: enforcement officer

A word of warning - hold back on the Form 4.

[andyadc]

Re: enforcement officer

why hold back on that?

[CleverClogs]

Re: enforcement officer

I'm not short of funds so they won't know what's hit them.

You will be short of funds if you try making a Form 4 complaint.

i will also fill the form 4 and complain about the bailiff.

That would not be wise.

Bailiff companies (and bailiffs themselves) have grossly perverted the process of the Form 4 complaint. It was originally intended to be a "paper hearing", where the complaint was sent to the bailiff for his reply, then a judge would look at the complaint and the response before deciding on the outcome. The complaint could be dismissed, the bailiff could be ordered to pay compensation or his certificate could be revoked. Only rarely was it expected to lead to a full, oral hearing.

Using the excuse that the bailiff could lose his livelihood as a result, bailiffs have asked for a full hearing every time and, when they appear in court. they are accompanied by one or more posses of barristers - far more than would reasonably be needed - to bump up the costs they'll demand of the complainant when the complaint is dismissed. This is intended to deter people from making complaints, regardless of how badly they've been treated.

i will also try and claim for all my costs and time i will spend on this including travel by taxi to worcester and back ))

Why not use your motor car?

[bizzybob]

Re: enforcement officer

As you have the funds to pay, I would pay them off then do the court applications, and imagine the HCEOs face when rhey find they have to pay everything back, and that nice motor he was after and probably had a mate to bid for it at auction, cannot be touched.

As to the Form 4 you hjave had ecxellent advice and reasons why it is not a good idea from ClaeverClogs.

[bluebottle]

Re: enforcement officer

The OP does needs to check with the MoJ that this enforcement officer is still authorised to act as an HCEO.

I have to agree with the others regarding Form 4. I have heard of other cases - not Form 4 complaints - where defendants have crowded a court hearing with teams of barristers to pervert the proceedings.

If someone has a complaint against a bailiff, it is far safer to write to the Circuit or District Judge at the court that issued a bailiff's certificate with accompanying evidence and sound them out. If the CJ or DJ feels there are grounds to revoke the bailiff's certificate without a hearing, as has happened in the past, then they can do so. If they feel a Form 4 is required, they can require one. Or they can chose to leave the complaint on file until the certificate falls due for renewal. This last scenario is probably the more preferable as the bailiff is in court to renew their certificate, does not have a team of barristers in tow, ready to pervert the proceedings, and the judge is under an obligation not to renew the bailiff's certificate if in their view the bailiff is not a fit and proper person to hold such a certificate. I suspect that many bailiffs know they run the risk of not having their certificate renewed each time they apply to have it renewed.

[CleverClogs]

Re: enforcement officer

I suspect that many bailiffs know they run the risk of not having their certificate renewed each time they apply to have it renewed.

Which is why they use a different court for their certificate renewal?

[ploddertom]

Re: enforcement officer

why hold back on that?

What would be your reasons for doing so? Fees for HCEO work are a lot different from those for Council Tax or Parking Tickets.

[ploddertom]

Re: enforcement officer

The OP does needs to check with the MoJ that this enforcement officer is still authorised to act as an HCEO.

If the enforcement officer was acting on instructions from the Authorised HCEO then there is no mileage in this. The link I gave to the HCEOA Members Directory is more up to date than that the MOJ publishes.

[bluebottle]

Re: enforcement officer

Which is why they use a different court for their certificate renewal?

That wouldn't surprise me, Cloggy.