Bailiffs And Council Tax Enforcement.
You did not receive a FINAL NOTICE or REMINDER.
The council is required to issue a 'Final Notice' or a 'Reminder' to your last known address before applying to a Magistrate for a Liability Order. This is your opportunity to be informed and take action. If bailiffs arrive at your current address without this notice, you have the authority to complain to your local councillor or the Local Government Ombudsman (LGO) for breach of council tax enforcement regulations. You can also assert your rights by requesting the council to suspend the enforcement until they have given you a 'Final Notice' or a 'Reminder' at your current address.
You did not get a NOTICE OF ENFORCEMENT (NOE)
The bailiff or his office must give you at least seven days' notice (a Notice of Enforcement) before attending to remove goods or take a money transfer. The Liability Order may still show your old address if you've moved and the bailiff traced you. Always ask to see the Liability Order. It's important to note that some bailiffs may skip giving notice because they can charge a higher fee of £310 instead of earning just £75. However, the bailiff must record when they gave you the Notice of Enforcement. For such an important document, it's good practice for the bailiff to get proof of posting, which is free. If the bailiff didn't record the notice time, enforcement fails, and if the bailiff or his office is unable to show evidence of the time they gave you the Notice of Enforcement, you may recover all bailiff fees and charges.
Official advice told me to negotiate my debt with the bailiff.
Official advice agencies and debt charities often suggest negotiating directly with bailiffs, which can be detrimental. Bailiffs, who receive a flat £90 fee, focus solely on collecting the debt and rarely negotiate. Engaging with them may weaken your position, as they might use aggressive tactics. To safeguard yourself, address the debt with the relevant authority instead. While official guidance may mention Controlled Goods Agreements, bailiffs typically choose to tow vehicles for a quicker resolution. Furthermore, debt counselling is ineffective if the debt is disputed, unjust, or enforcement fails to comply with regulations. Bailiff companies frequently hide behind proxy addresses and names, and sharing your financial details with them jeopardises your data security and control over your personal information.
The bailiff came less than 11 days after the date on the Notice of Enforcement.
The bailiff must wait until the legal time limit of seven clear days has passed before taking controol of goods or taking a money transfer. The law says the Notice is sent by second-class post, meaning they delivered it on the second weekday after posting. If the bailiff came too soon, enforcement fails, and you can sue for damages, including getting back any controlled goods or claiming their replacement cost.
You are a vulnerable person.
Guidelines clearly define who is considered a vulnerable person for civil enforcement, and the law provides protection, exempting them from paying Enforcement Stage fees and charges if the bailiff fails to allow sufficient time for advice before removing goods or initiating a money transfer in the execution of a Liability Order. It's important to be aware that the law does not require bailiff companies to have a 'welfare department'; these are often created as a ploy to delay enforcement. Genuine welfare departments should be medically qualified and have access to benefit records to accurately determine if you are vulnerable.
You paid or tried to pay the council tax arrears to the council, but they refused to accept it.
Enforcement stops because Section 17(1) of Schedule 4 of the Local Government Finance Act 1992 says the council must accept the outstanding amount and stop enforcement action when the arrears are tendered to them in discharge of a Liability Order. If a bailiff tries to enforce against you to recover fees, apply for a DETAILED ASSESSMENT hearing, and the bailiff company will have to cover the costs.
The bailiff took away a vehicle or goods that were exempt.
The regulations specifies certain types of exempt goods. If a bailiff takes control of them, you have the right to reclaim them as exempt goods, even if the bailiff has already sold them. Importantly, you have the right to claim the replacement cost of the goods and damages for the unlawful loss under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and Section 3 of the Torts (Interference with Goods) Act 1977.
You want the council to WRITE OFF your council tax arrears.
If you can show that you'll never be able to pay your council tax debt, a little-known law allows councils to write it off. However, it's important to note that it's up to the council to decide whether to write off the council tax arrears. The bailiff and their fees no longer apply if you can take the initiative and persuade your local councillor to ask the council to write off your debt. Your doctor can fill out a Money Advice Liason Group (MALG) evidence form to support your request to write off your council tax arrears. You can also take action and request cancellation of the arrears if you missed the chance to apply for council tax benefits.
You receive an out-of-work benefit (like Jobseekers Allowance).
When you're unemployed, you're part of a group who are vulnerable. However, there's a safeguard in place. The council has the authority to request the Secretary of State to deduct money from your benefits. This action effectively stops bailiffs from recovering fees and charges, as they typically can't collect from vulnerable individuals. Furthermore, it also cancels the bailiff's fees and charges because the enforcement process has ceased.
You want MORE TIME to pay your council tax debt.
The government has set rules for councils to prevent bailiffs from imposing unrealistic payment plans on debtors. It's important to remember that you, as a debtor, have the right to seek assistance. Ministry of Justice guidelines clearly state that debtors should not be pressured into making unaffordable payments. If you find yourself in such a situation, you can reach out to your local councillor or the Local Government Ombudsman to advocate for the council to reassume control of the debt.
The council is pursuing payment for a council tax that is DISPUTED.
According to the law, you're responsible for paying council tax for your residence unless you've applied for a rebate or you are exempt. If the property is vacant, the responsibility shifts to the property owner. The law also outlines additional situations where exemptions apply.
The bailiff’s charges seem EXCESSIVE.
Bailiffs may recover prescribed fees of £75 upon the debtor receiving the Notice of Enforcement, £235 when the bailiff attends, and £110 when they start removing goods for sale. However, these fees are only valid if the bailiff has followed all enforcement regulations. If not, you have the right to reclaim them. It's your responsibility to mention Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014. You can take action by applying for a DETAILED ASSESSMENT hearing, where typically, the bailiff company covers your legal costs.
The bailiff charged you £235 for the "Enforcement Stage fee" MULTIPLE TIMES.
Bailiffs may charge the £75 Compliance Stage fee for each enforcement action against the same debtor that is being recovered together. However, the £235 Enforcement Stage fee can only be recovered once, regardless of how many enforcement actions are carried out simultaneously against the same debtor. If you find yourself in a situation where a bailiff has charged you multiple times for £235, such as in a single instance of removing or clamping a vehicle, you have the right to reclaim the amount along with your expenses for filing the claim. By applying for a DETAILED ASSESSMENT hearing, you can ensure that the bailiff company typically covers your costs.
The bailiff charged you a £110 "Sale Stage Fee."
Bailiffs may recover the £110 when he has initiated the process of removing controlled goods for sale, such as a vehicle, to a storage compound. The Sale Stage fee does not apply when the bailiff claims to have 'called a truck.' It becomes relevant only after the bailiff has taken control of your goods using one of the four methods outlined in paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and has commenced the process of transporting them. It's advisable to apply for a DETAILED ASSESSMENT hearing if necessary.
The bailiff claimed to possess a "warrant."
Bailiffs are authorised under a 'Liability Order', not a 'warrant ' to recover council tax arrears. If a bailiff claims to have a warrant, this is a fraudulent misrepresentation under section 2 of the Fraud Act 2006. The use of the term 'warrant' is a deliberate ploy, reminiscent of police language, aimed at misleading debtors into thinking the bailiff has more authority than they actually do. Importantly, a Liability Order does not grant the power to enter homes using reasonable force. For such authority, the bailiff must make a separate application to the court.
The debt is more than TWELVE months old.
The bailiff is required to provide the debtor with a crucial Notice of Enforcement, ensuring they are fully informed and aware of the enforcement process, at least seven clear days before enforcement begins. This notice holds its validity for a limited period of 12 months from its issue date. It's important to note that after this period, enforcement cannot commence. In such a scenario, the bailiff is obligated to issue a new Notice of Enforcement if enforcement is to commence twelve months after the issue date of the previous notice.
The council tax debt dates back to OVER SIX YEARS ago.
A creditor (council) cannot recover statutory debts if they've been unpaid for more than six years without any acknowledgement from the debtor. The debtor can ask the council to write off the arrears because they can't revive a council tax debt after six years.
Bailiffs are pestering you about council tax, which you've ALREADY SETTLED.
Once you've paid the council tax directly to the council, bailiffs are not authorised to take control of your belongings. The law strictly limits them to removing goods solely to cover the outstanding amount and related costs, not for their fees and charges. If bailiffs exceed their authority and attempt to remove your goods after you've paid, you have the right to seek damages, reclaim your taken goods, or claim compensation for their replacement cost.
Bailiffs forced you to pay another person's Council Tax debt.
It's against the law for a bailiff to make you pay someone else's debt, even if they're a relative, which is considered fraud under the Fraud Act 2006, which involves reporting the incident to the police and providing them with all the necessary evidence. You can make a Third-Party claim. If successful, you can get your money back along with any legal costs incurred. You also have the option to pursue reimbursement by asking your bank to make a chargeback, and the bank will require the bailiff (merchant) to show evidence of a Liability Order in the account holder's name. Otherwise the bank will return the account holder's money.
You paid money to a bailiff, and that money has gone missing.
You've been making regular payments to the bailiff towards your council tax arrears. However, an audit has revealed a discrepancy between the amounts you've paid and what the council claims is still owed. If the bailiff mishandled or took your money, you can use this as leverage to convince the council or your local councillor to take back control of your council tax arrears. Importantly, this could lead to the reimbursement of the missing funds.
The bailiff took PICTURES of documents and valuables in your home.
Unless the bailiff has documented your items in a Controlled Goods Agreement or an Inventory, there's no legitimate reason for them to take pictures of your documents and valuables. These images could potentially be used by criminals to access your banking information or target your home. It's important to take action-report it to the police and inform your bank. You also have the right to request the bailiff company to delete these pictures under the GDPR, empowering you to protect your personal information. You must move your valuables elsewhere.
You're staying in SHARED HOUSING, which is a House of Multiple Occupancy (HMO).
According to the law, the landlord needs a "property license" and is responsible for paying the council tax. People in a House of Multiple Occupancy don't pay council tax.
The bailiff charged you a CARD FEE.
The regulations clearly outline what fees and charges bailiffs are permitted to recover from debtors, as detailed in the Schedule of the Taking Control of Goods (Fees) Regulations 2014. Importantly, these regulations do not encompass charges for card processing. Should a bailiff attempt to levy such a charge, it's crucial to remember that you, as a debtor, are not obligated to pay. You have the power to reclaim these funds through a chargeback with your bank or credit card company, ensuring the money is returned to your account. Furthermore, you have the right to apply for a DETAILED ASSESSMENT hearing.
You JUST MOVED, and bailiffs found your new address.
To locate missing debtors, bailiffs use various methods like sending texts to your phone or leaving notices at addresses they believe you're at, waiting for your response. There's no obligation for you to provide your address to bailiffs. Guidelines from the Ministry of Justice forbid bailiffs from tracing missing debtors.
The bailiff lacks a valid ENFORCEMENT CERTIFICATE.
Section 63 of the Tribunals Courts and Enforcement Act 2007 stipulates that anyone, not employed by the government, but tasked with removing goods, must hold a valid certificate. You may to report the individual to the police for an offence under section 63(6) of the Act. However, it's important to note that the police might consider this a civil matter. Regardless, all enforcement steps taken by anyone without a valid certificate are invalid.
The bailiff DECLINED to show his ID.
According to the law, a bailiff must show evidence of their identity to the debtor or anyone in charge of the premises being attended. If the bailiff refuses, then the bailiff is no longer acting in the lawful execution of duty. Consequently, anyone may remove a bailiff not lawfully acting from the premises or property. A bailiff's official ID is his enforcement certificate issued by the court, a laminated white card measuring six inches by two inches, displaying his photograph. This is the only valid form of identification. Bailiffs might show, or flash fake police-like ID badges, but these are not evidence of their official ID.
Bailiffs IMMOBILISED your vehicle with a wheel clamp.
If a bailiff has clamped your vehicle while parked on a public road, the bailiff may remove it after two hours. Time is of the essence; you might need to opt for a 'Pay and Reclaim' solution. It's absolutely crucial to document the condition of your vehicle through video recording, both before and after its return. This will serve as vital evidence in case of any disputes. You have the right to claim damages for any damage inflicted on your vehicle while in the bailiff's possession. If the clamping occurs on private property where you don't live, like a numbered parking space or a neighbour's driveway. In that case, you can pursue legal action to seek damages and recover your vehicle.
Bailiffs have REMOVED your vehicle.
Contact TRACE at 0845 206 8602 and notify the police of the stolen vehicle. It's essential to make this report, even if the police classify it as a civil matter, to ensure it's logged on the CAD system. Also, by informing the DVLA that the car has been "taken without permission", you are taking a proactive step to safeguard yourself against any traffic offences. If your vehicle is on hire purchase, lease, or has a secured loan, you can seek an emergency injunction to recover it. You may claim damages for the vehicle's loss of use.
The bailiff sold your vehicle, but the bailiff failed to give you a VALUATION.
Enforcement may fail. Regulations require providing the debtor a valuation before selling controlled goods. You may recover the replacement cost of the vehicle and any items contained inside. Valuations can either be independent or arbitrarily determined by the bailiff. The most credible valuation comes from the dealer at a franchised dealership for the vehicle's manufacturer. Alternatively, you can swiftly gauge values by checking completed eBay listings for similar models and conditions sold at auction in the last 30 days.
The bailiff is enforcing a debt owed by SOMEONE ELSE.
If a bailiff pressures you to pay someone else's debt, you can reclaim it by asking your bank to make a chargeback. Your bank will then require the bailiff (merchant) to show evidence of a valid Liability Order against the account holder's name, or you can make a third-party claim along with your legal expenses.
Bailiff removed your vehicle but FAILED to give you an INVENTORY.
The law permits bailiffs to remove goods, such as a vehicle, from the debtor's property or any public road. However, they must provide the debtor with a written list of the items taken, known as an inventory. The law specifies what information must be included in this inventory and how it should be given or left at the property. If the bailiff fails to follow these rules, it's important to know that the debtor has the right to apply for an order for the return of the goods and make a claim for damages. This is particularly relevant if the bailiff uses an ANPR camera to find and remove a vehicle at night, as non-compliance can lead to serious consequences for the bailiff.
The bailiff has removed your car to a pound that is a long way away.
Bailiffs are only allowed to remove goods to a location reasonably close to they removed it. You can legally request the bailiff to return the car closer to you or ask them to cover the cost of a vehicle transport service. In more severe situations, you can seek a court order, citing a breach of regulation 19 of the Taking Control of Goods Regulations 2013, to compel the bailiff to bring the car closer to you. Alternatively, you can use a Pay and Reclaim approach.
The council fobbed you off with "contact the bailiffs".
If you acknowledge your council tax arrears, consider the Pay and Reclaim method. This involves paying the arrears directly to the council. It's important to note that the council is responsible for any enforcement actions that may breach regulations. If you have a car parked outside, it's potentially at risk. However, unless the bailiffs enter your property, they can't enforce anything. It's advisable to suggest to the council that they re-engage with you when the bailiffs return the case unpaid. This is the point at which the bailiff’s fees will no longer be applicable.
The bailiff clamped your car before 6am.
If your RING football camera sees bailiffs at your place before 6 am, dial 999 immediately. The time of your call gets recorded on the police CAD, serving as crucial and undeniable proof of improper enforcement. It's typical for bailiffs to operate in the dark or at night, using an ANPR camera to find and clamp cars before 6 am, then claiming by writing on the Warning of Immobilisation that they clamped the vehicle at 06.05 am. If you or your CCTV catches them clamping vehicles before 6 am, the enforcement invalid, and you can seek damages.
The bailiff THREATENED to use a LOCKSMITH.
Bailiffs are not permitted to employ a "locksmith" or forcibly enter homeswhen recovering unpaid council tax. This term, "Locksmith", is bailiff jargon for the right to "enter by reasonable force". However, they are allowed to enter through unlocked doors. If the key is in the lock, they can use it to unlock the door, but they are not allowed to use a key found under a doormat. Opening and entering through windows, on the other hand, is not within their rights.
You paid the council tax arrears directly to the council, but the bailiff is harassing you about his fees.
Once you've cleared your council tax debt with the council, bailiffs may not take control of your goods. The law strictly allows them to recover the outstanding amount and the costs of taking control and selling your goods, not additional "fees." If bailiffs persist, their enforcement is invalid. You can seek damages and recover your goods or claim replacement costs. Don't hesitate to apply for a DETAILED ASSESSMENT hearing to have the court review the bailiff's fees.
The bailiff DECLINED TO CLARIFY HIS FEES and CHARGES.
Bailiffs may impose a fee to explain their fees and expenses, but the law is clear-all fees and additional expenses should be clearly stated on the Notice of Enforcement. If they're not, you have the right to reclaim any fees the bailiff has already taken. You can take this further by applying for a DETAILED ASSESSMENT hearing, a legal process during which the court will scrutinise the bailiff's fees and charges. In most cases, the bailiff company covers your legal costs.
The bailiff imposed "STORAGE FEES" for storing your vehicle.
Bailiffs can only charge disbursements that are reasonably and actually incurred. The law also regulates storage fees to be reasonable and actual, based on the actual cost the bailiff has paid to store your vehicle. This means you have the option to reclaim these charges after retrieving your car, or you can choose to apply for a DETAILED ASSESSMENT hearing and ask the bailiff to show evidence of the flow of money he paid to store your car, ensuring they reflect the actual cost of other professional vehicle storage services.
The bailiff wrote on a document that you paid "VOLUNTARILY."
The bailiff's actions are designed to hinder your efforts to reclaim your money. Bailiffs base their claim on an alleged agreement to pay someone else's debt, a claim that is often false. This situation often arises when bailiffs coerce you into paying another person's debt by using the threat of removing your belongings or refusing to leave your property. When you file a claim, it's of utmost importance to assert in a statement of truth-that the bailiff added the comment to the receipt after taking the money and that no such agreement existed.
The bailiff said he is an "Officer".
An enforcement agent, commonly known as a "bailiff," is a designated individual according to section 63 of the Tribunals Courts and Enforcement Act 2007. However, a High Court Enforcement Officer is specifically designated under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff falsely represents themselves as an "Officer", he commits an offence under section 2 of the Fraud Act 2006, known as "fraud by false representation." Enforcement agents do not hold an official title as "officers"; rather, they are "agents" authorised to take control of goods.
The bailiff harmed your business reputation.
If the bailiff has disclosed your council tax arrears or debt to others, and you have the right to seek damages. You must demonstrate the financial losses incurred and have individuals contacted by the bailiff testify in court with statements as evidence. While proving the extent of reputation damage and calculating compensation can be challenging.
The council charged you more than £3 to apply for your Liability Order.
Councils pay £3 to apply a liability order from the magistrates' court. A High Court ruling in 2015 mandated that councils must explain when asked about the £125 charge. Councils often charge more than £145 for each liability order, especially when applying for multiple orders simultaneously. If the council cannot show the flow of money they paid for applying for your specific liability order, you have the right to reclaim that money.
The CONTROLLED GOODS AGREEMENT is not compliant with regulations.
When a bailiff and a debtor establish a controlled goods agreement, it is essential that it meets the regulations governing its form and content. If it doesn't, the agreement is deemed invalid. Common reasons for such failure include the bailiff's misidentification of the listed goods or their quantities, or if the listed goods are not the debtor's.
You're receiving annoying text messages from a bailiff company.
Bailiff companies might send texts to numbers they think belong to debtors to find out where they live. Don't reply to these texts, even if you don't know who sent them. You can report them to the Information Commissioner's Office for harassment using an online form. You can block the sender from sending further messages without the sender knowing.
A bailiff left a DOCUMENT HANGING OUT OF YOUR LETTER-BOX or communal doorway.
Bailiffs do this as a tactic to check if the property is vacant, which is common among burglars and criminals. They might do this to prompt a response from you, hoping to trace missing debtors or to charge a £235 enforcement stage fee for attending.
The bailiff jammed his BOOT into your DOOR to stop you from closing it.
Bailiffs may only enter a property through "normal means", but jamming a boot into a door is considered using force against a person which is in breach of Paragraph 24(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. The law doesn't permit using force against individuals in such situations.
The bailiff was wearing a bodyworn video camera.
If you're pursuing legal proceedings following a bailiff action and the bailiff was using a body-worn video camera, the recordings could serve as evidence to support your case. It's important to remember that you have the right to request a copy of these recordings. If the bailiff refuses your request or cites the Data Protection Act, continue with your claim and provide evidence of the bailiff's refusal to provide the body-worn camera recordings. If the bailiff later uses the recordings as part of their defence, you can ask the court to dismiss their defence statement. In essence, the bailiff's actions could potentially be their own undoing.
The bailiff attended with a TV FILM CREW.
You have the power to stop the airing of the recorded footage by withdrawing your consent for the use of your data. This right is protected by Section 47 of the Data Protection Act 2018 or Article 17 of the GDPR, which allows you to request the immediate deletion of your data. Make sure to notify the data controller of the production company and TV station about your withdrawal of consent. If they do not confirm in writing that they have ceased processing your data, you can exercise your right to file a complaint with the Information Commissioner online. Additionally, you have the right to take legal action against the TV production and broadcaster to claim damages, along with any owed royalties, under Section 168 of the Data Protection Act 2018 or Article 82 of the GDPR.
The bailiff is blackmailing you. How do you deploy a "Pay & Reclaim"?
If a bailiff is pressuring you to pay money you don't owe, it's important to know that this may be considered blackmail and a criminal offence under section 21 of the Theft Act 1968. Even if the police say the crime is a civil matter, you can take action with the 'Pay & Reclaim' strategy. This strategy involves paying the demanded amount initially and then reclaiming it through legal means. For instance, if your vehicle is removed, you have the right to regain control of it. By pursuing this route, the bailiff ends up covering the costs of defending your claim, making it financially untenable for the bailiff company to continue its actions.
The bailiff looked like the POLICE.
If a bailiff is tooled up in police-like body armour, radio loops and flashing a police-like warrant card resembling those of a police officer with the intention to deceive. In that case, it's considered impersonating a police officer, which is a crime under Section 90 of the Police Act 1998. If you have evidence, like a video recording, you can report the incident to the police.
The bailiff said he had CALLED THE POLICE.
If a bailiff asserts that they've contacted the police, you have the right to verify this by requesting the call details from the police's Computer Aided Dispatch (CAD) system. This can be done by contacting the police on 101, which allows you to confirm whether the bailiff did indeed call the police and what information the bailiff provided. It's crucial to remember that this right to information is safeguarded under section 45 of the Data Protection Act 2018. Bailiffs often exploit this claim to intimidate individuals, but by obtaining CAD reports, you can gather evidence to counter their assertions.
The bailiff committed a crime against you IN THE PRESENCE OF POLICE.
It's not uncommon for police to view bailiff-related crime as a civil matter and limit their involvement to preventing a breach of peace. However, it's important to understand that their duty extends to crime prevention. If a police officer witnesses a bailiff committing a crime against you but fails to take appropriate action, they are negligent in their duty. According to Section 26(5) of the Criminal Justice and Courts Act 2015, officers must arrest suspects in such situations. Failure to do so is an offence, and you have the right to pursue a private prosecution. In this process, solicitors who specialise in cases of police misconduct can provide professional support.
The bailiff or police SNATCHED CAR KEYS, knocked a MOBILE PHONE out of your hand, or took control of an article of vehicle being USED BY SOMEONE.
Bailiffs are not allowed to take control of any item that is actively being used by someone, as this could lead to a breach of peace. This rule applies to items like car keys or a mobile phone that you might be using to record a video. If a police officer accuses you of causing a breach of peace after a bailiff forcibly takes something from you, they may be committing an offence under section 26 of the Criminal Justice and Courts Act 2015. This means that you have the power to seek damages for this breach under Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
The police ARRESTED you or THREATENED to arrest you.
If you find yourself arrested or threatened with arrest by the police, it's absolutely crucial to understand your rights. If you're charged with obstructing an enforcement agent or interfering with controlled goods, but the bailiff wasn't acting lawfully, you're not guilty of the offence. Act immediately and seek advice. If threatened with arrest for a charge you're not guilty of, you can complain against the police officer to their Professional Standards department for misuse of power. If you were arrested and released without charge, you can sue for false arrest and unlawful imprisonment, but this requires expert legal assistance.
The police have CHARGED you with a bailiff-related offence.
If you're charged with an offence you didn't commit, you can take legal action against the police force for wrongful imprisonment, false arrest, and, sometimes, malicious prosecution. If the arrest was made to harass or annoy you or assist a bailiff in causing you unlawful harm, you can pursue a case against the police force. You can also ask the Crown Prosecution Service (CPS) to discontinue the prosecution if there's no chance of conviction. However, it's crucial to remember that building a strong defence and pursuing legal action against the police requires the expertise of a trusted legal professional.
A bailiff ASSAULTED or INJURED you.
If a bailiff has injured or assaulted you, it's important to seek medical help right away. Time is crucial because you may have grounds for a Personal Injury Claim. Medical evidence is key for this claim. You can bring the claim against the creditor, the bailiff, or the bailiff company, or all of them. The bailiff company usually has liability insurance to cover your claim and compensate you. You can also report the incident to the police for common assault or Actual Bodily Harm, depending on the severity of your injuries. However, the police may consider the assault to be a civil matter.
The bailiff DAMAGED your property or vehicle.
If a bailiff damages your property or vehicle, the law holds them responsible for its care. Importantly, if your belongings (vehicle) are damaged while in their control, you have the right to seek compensation for repairs or replacement. It's crucial to have clear evidence showing the damage was caused after the bailiff removed them. Recording a video when the bailiff interacts with your belongings can provide irrefutable proof. If your video or bailiff's bodyworn camera recordings show your vehicle was undamaged before the bailiff took control, it strengthens your case against them.
You want to make a FORMAL COMPLAINT about a bailiff.
If you want to raise a formal complaint about a bailiff, avoid going through their bailiff company or trade association, as they often protect bailiff interests, and bailiff companies financially support the latter. They may prolong the process until you give up. Instead, use the official channels to question the bailiff's suitability to hold a certificate. You can make a complaint if the bailiff has undisclosed convictions, committed fraud, used violence, or lacked adequate knowledge of enforcement regulations. Alternatively, consider making a claim for damages, which can have a more significant impact.
You want to bring a private PROSECUTION against a bailiff.
If you're considering prosecuting a bailiff, you must gather evidence and prepare a witness statement. Present this to the police, who will investigate the matter. If the police consider it a civil matter or decline to pass it to the Crown Prosecution Service, you can take the evidence to a Magistrates' Court. There, a magistrate can order the Crown to prosecute the case and issue a warrant for the suspect's appearance in court to enter a plea and answer the information.
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