What kind of debt are you having bailiff trouble with?

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Ask an expert in the bailiff's forum.

Common Questions

• Debunking the myth of bailiffs rights to "enter by force"
• How to deal with bailiffs on the doorstep
• Clamped? You may have a right to use bolt cutters
• Take your bailiff and council/creditor to court - DIY claim packs
• Bailiff case law and Ombudsman's decisions
• Grounds that make an "Invalid Levy" and "Irregular Distress"
• Criminal offences committed by bailiffs and HCEOs

Did you know?

• What if you don't pay your debt
• Legally keep the bailiffs out by displaying a notice
• When do bailiff have a right to break into your home "forced entry"
• A neat way to quickly get your money back - a "Chargeback"
• A neat way to get the bailiff to pay your debt
• Stop parking fines bailiffs - just appeal the ticket!
• If a bailiff jams his boot into your door, any subsequent is invalid
• Bailiffs CANNOT remove goods in your absence
• Levy abandonment revokes a bailiffs' or HCEO's right to break into homes
• Bailiff charges for work he hasn't done, he commits fraud
• Bailiffs cannot seize tools of your trade
• Bailiffs cannot break open a door -but can open one if it is unlocked
• He can climb in through a window if one is open
• Bailiffs cannot levy on vehicles in your absence
• Bailiffs charged £10 for a breakdown of fees you can claim £150 damages
• A bailiff cannot SUE you for his fees
• Bailiffs cannot charge a fee to clamp your vehicle
• Bailiff companies training bailiffs to defraud you, the directors commit an offence
• Proving who owns a levied vehicle does not lie with you
• Bailiffs can only charge one fee regardless the number of warrants involved
• Bailiff damages your business reputation, you can claim damages
• Bailiffs cannot enforce payment of council tax against students and sharers
• You can see the warrant but you ASK for it, otherwise the bailiff must carry it
• Bailiffs can only execute warrants and writs at the address on his documents
• Bailiffs cannot seize a vehicle that is on HP or finance
• If a person pretends to be a certificated bailiff, he may commit fraud
• Seizing computers iPads and mobiles may be illegal
• Bailiffs cannot charge "costs" not sanctioned by the Court
• Unlawful bailiffs fees are never statute barred, you can reclaim them at any time
• Bailiffs are liable for damage caused to property even if was an accident
• Bailiff entering by force then he is there unlawfully and...
• If you give the bailiff a good hiding, you are NOT guilty of assault
• The bailiffs choice of remedy is not an exclusive remedy - Debtors can choose
• An unsigned walking-possession agreement is invalid and its "levy abandonment"
• A walking-possession agreement signed without the debtor's knowledge is invalid
• Without a levy, an HCEo's right of entry is the same as a common debt collector
• Do bailiffs really clear your house of furniture?
• Bailiff says you have to prove who owns goods in your home
• Bailiff action does not affect your credit rating
• Bailiffs leaves a "final notice" hanging out your letterbox without knocking
• Why bailiffs want to meet you in a public place of your choice
• Recover a vehicle or goods with an emergency application to court (replevin)
• There is no point in complaining to CIVEA - they work on the side of the bailiffs
• There is no legal requirement for certificated bailiffs to be CRB checked
• Why never use RECORDED DELIVERY when corresponding with bailiffs
• Seeking redress: The ombudsman, or take them to court?

Clamping and seizure

• Removing a wheel-clamp using bolt cutters - the law
• Remove a wheel clamp by 'pay & reclaim'
• Remove a wheel clamp for a tenner then claim for excessive levy
• Your vehicle has been clamped and you need a trump card - Appeal the ticket!
• Your vehicle was seized by bailiffs and sold for a song - claim for excessive levy
• Recovering an impounded vehicle from a bailiff
• Your vehicle was clamped unexpectedly

Templates & Procedures

• Making a formal complaint against a bailiff - A Form 4
• Getting a breakdown of fees and costs
• Ripped off with bogus fees? - Make your bailiff to pass a TRUTH TEST
• Get bailiff to prove his costs - get him to make a SWORN STATEMENT
• Recover unlawful bailiffs fees damages and compensation in the courts
• How to revoke a levy or walking-possession agreement
• Check your bailiff's certificate is valid
• Handwritten VAT receipt? - Report your bailiff for VAT fraud
• Bailiffs repeatedly banging at the door causing a public disturbance
• Bailiffs loitering or acting suspiciously in the vicinity of your property
• Petition a bailiff company's fitness to hold a Consumer Credit License
• You get a surprise bailiffs letter about a "Capital Contribution Order"
• Get out of paying bailiffs fees - How to deploy "Magicians Choice"
• Where is my vehicle?
• Got a judgment against a bailiff or HCEO company How to get paid

Bailiff Crime

• Reporting bailiff crime to the police
• Bailiff threatened you with a locksmith
• Your bailiff's certificate is NOT valid
• Bailiff defrauded you with bogus fees
• Bailiff assaulted you or bailiff injured you - even if it was an accident
• Police officer at the scene of bailiffs was malfeasant or allowed a crime to proceed
• You are arrested by police during a bailiff incident
• Official guidance for Police officers attending the scene of bailiffs
• Why do police say bailiff crime is a civil matter?
• List of bailiff companies and their modus operandi

Publications

• HMCTS Official guidance for bailiffs and other enforcement officers
• Magistrates' Court fines and bailiffs - The HMCTS Enforcement Services Contract
• Ministry of Justice - The 2012 National Standards for Enforcement Agents
• People Finder - get email addresses of your local council or government department
• Leaflet - How the Local Government Ombudsman deals with complaints about bailiffs
• Local Government Ombudsman report, 29 November 2012, Complaints against bailiffs
• Criteria for granting a bailiffs certificate
• Government Response to Consultation paper "Transforming Bailiff Action" here's a Summary
• Credit & debit card surcharges - the law

Forms used in this guide

• PE3 - Witness statement - unpaid penalty charge
• PE2 - Application to file a Stat Dec out of Time if filing a PE3 after the 36 days time limit.
• TE9 - Witness statement - unpaid penalty charge
• TE7 - Application to file a statement out of time
• Form 4 - Make a formal complaint against a certificated bailiff - see also Tips for attending court
• Form 5 - Notification to a County Court of a complaint upheld against a Certificated bailiff
• Form N244 - Application Notice of a request to a court to make an Order or set aside an order
• Form N245 - Application for a suspension of a warrant and or variation of an order
• Form N1 - Claim form for unlawful bailiff's fees and other damages in the small claims court - see also Tips for attending court hearings
• Form EX160 - Application for a fee remission
• Leaflet EX160a - Court fees - do I have to pay them?
• Form EX160c - Extended Table of Contributions - to be read in conjunction with Form EX160a
• Form EX160b - Emergency undertaking to apply for remission for a court fee or pay a court fee
• Form N208 - Application for a non-money claim in the county court
• Leaflet EX345 - About Bailiffs and Enforcement Officers

Miscellany

• County Court Bailiffs
• Child Support Agency
• What is a "walking-possession Agreement"?
• Bailiffs and ANPR 'vigilante' vans
• Sheriffs Officers Scotland
• Freedom of Information Act
• A quiet word about using SOLICITORS
• Getting a free solicitor to help you
• Becoming a professional bailiff's fee reclaims manager
• Private Parking Tickets "Parking Charge Notices"
• Example bailiff forms
• Bailiff Defeated!

Other sources of help

• Fight a parking ticket - The PePiPoo Fightback Forums
• Fight a motoring ticket - The PePiPoo Fightback Forums
• Zacchaeus 2000 Trust - Supporting Vulnerable Households

www.dealingwithbailiffs.co.uk (c) Jason Bailey

Complaints & Media: jason@dealingwithbailiffs.co.uk

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