Re: bailiff

Drakes are the worse baliffs and unfortunately they are attached to
the magistrates court. This court do not regulate the baliff or their
charges at all. But beware....if the bill concerns a fine from the
mags court.....the baliff does not require to be invited in....he can
break in


Yep, Drakes are a right bunch of cowboys

Partially correct about the right of entry, this only applys to fines directly imposed by the magistrate (ie criminal offences, tv licence,assault,police parking ticket etc). The CSA have only obtained a liability order which can be treated as a distress warrant,the magistrate only approves the order, it is not a fine imposed by the magistrate, hence the bailiff can only obtain peaceful entry (open but not locked window or door) or admittance by a responsible person. Drakes often cite the `foot over the threshold` crap, it doesn`t exist, either full entry or no entry. Any other method and the action becomes unlawful.
If bailiffs gain entry, they must be able to levy up to the amount + costs or return the warrant. No partial or zero levy allowed for CSA debts, all or nothing, neither can they remove your car from the public highway if you don`t give them the keys.
Failing that, until the TCE bill becomes law, you can quite legally display a notice in a prominent position quoting `No police or bailiffs allowed`, this removes the implied right of entry enjoyed by bailiffs and invalidates their action right from the word go.
Any bailiff found ignoring this, you can forget complaining to their employer,they always say their right (even when they are wrong), go straight for the throat and file a pt4 complaint at the court, thats provided Drakes do send a certificated bailiff (they are contractually required by the CSA).

Any body needing further info on bailiffs, look on the net for books by `John Kruse`,widely regarded as the the foremost expert on bailiff law
.

Relevant Pages

  • Re: Bailiffs new rights to break in
    ... Ideally, bailiff work should be done by paid officials of the court, ... powers, usually by hiring a bailiff contractor. ... Agreed, but in many personal debt situations, a salvage is quite ...
    (uk.legal)
  • Re: Forced Entry by Bailiffs
    ... entry and seize goods on subsequent occasions. ... If the bailiff leaves without taking seized goods they ...
    (uk.legal)
  • Re: Its not always easy to get your money back even with a court order and bailiffs.
    ... don't pay. ... If they send the money do I have to write to the court. ... A bailiff will only visit premises 3 times to try and enforce a court ... Since the subject is a retailer, which is a business, the bailiff has right ...
    (uk.legal)
  • Re: Serious Issue
    ... I recently took a contractor to court due to poor services I was ... They would not offer a refund so I went to my county court. ... If he is operating under a ltd company or under a parnership, then the bailiff can take items from the company. ... a bank customer sent in the bailiffs to his bank with regard to a court order on bank charges. ...
    (uk.legal)
  • Re: Fun with the bailiffs
    ... So no broken doors in the early hours! ... If the bailiff's gain "peaceable entry" on a property with an owner who ... A bailiff should put a notice through the door of levied items which will be ... I presume the debtor can ask the bailiff to leave and use reasonable force ...
    (uk.legal)