This bailiffs "warrant" is forged.

This is a genuine warrant

This is a forged warrant

 

Enforcement agents must on request show the debtor his identity and his authority to enter the premises. Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, whish states;


(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—


(a)his identity, and

(b)his authority to enter the premises.

 

The warrant is authority to enter premises to take control of goods. The enforcement address is always printed on the warrant.

Bailiffs do not need to show a warrant on paper, or a 'wet signature' warrant. It can be shown on a device, and you can take a picture of it using your phone.

 

 

If you are shown a forged warrant: Everything is revoked.

The moment a bailiff shows you a warrant that is a counterfeit, or looks like an amateurish effort to have thrown it together on a home computer. it revokes everything that follows as well as revoking the fees.

The authority to enter premises is the court authority itself. A private company cannot grant itself that authority by making a document on a computer.

He failed to show you his authority to enter premises and is in breach of paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007.

You can now bring a legal action under paragraph 66 of Schedule 12. Follow this article to bring the proceedings.

 

 

Then use the law to get a certified copy of the warrant

 

Nothing changes if the bailiff company shows the real warrant after he has attended. Paragraph 26(2) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 states;

(2)The request may be made before the enforcement agent enters the premises or while he is there.

 

 

Call the police on 999

If the bailiff is carrying a fake warrant, or is refusing to show it to you, then call police on 999 reporting a disturbance in progress and that you are in imminent danger.

When the police arrive, say the person is committing an offence under section 40(1)(d) of the Administration of Justice Act 1970 which states;

Punishment for unlawful harassment of debtors.

(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

 

and section 3 of the Forgery and Counterfeiting Act 1981 which states;


The offence of using a false instrument.

It is an offence for a person to use an instrument which is, and which he knows or believes to be, false, with the intention of inducing somebody to accept it as genuine, and by reason of so accepting it to do or not to do some act to his own or any other person’s prejudice.

 

Making a forged document with intent to obtain a money transfer that has not been sanctioned by law is an offence under section 7 of the Fraud Act 2006 which states;


Making or supplying articles for use in frauds

(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—

(a)knowing that it is designed or adapted for use in the course of or in connection with fraud, or

(b)intending it to be used to commit, or assist in the commission of, fraud.

(2)A person guilty of an offence under this section is liable—

 

 

Show the police officer a specimen real warrant of control (download it here), or let them view it on your phone. Say to the police officer, the bailiff must now be placed under arrest.

 

Report it to the police in writing

 

 

If the police take no action

That in itself a criminal offence.

If the police officer does not place the person with a fake warrant under arrest, or says it is a "civil matter", then write down the name of the police officer and take a photograph using your phone. He commits an offence under section 26(6)(a) of the Criminal Justice and Courts Act 2015 which states;

(2)A police constable guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).

...

(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).

(6)The first case is where—

(a)the police constable fails to exercise a power or privilege of a constable,

(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and

(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.

 

 

Then contact me, and we can do something about it using section 1 of the Magistrates Courts Act 1980, which states;

On an information being laid before a justice of the peace that a person has, or is suspected of having, committed an offence, the justice may issue—

(a)a summons directed to that person requiring him to appear before a magistrates' court to answer the information, or

(b)a warrant to arrest that person and bring him before a magistrates' court.