Fact Sheet - Bailiffs and Magistrates' Courts Fines.

 

 

 

You got bailiffs about a court fine you didn't know about

It is illegal for bailiffs to turn up unannounced. They stand to gain with higher fees by turning up. If they enforce against you, then enforcement fails and you can claim damages. You make a simple statutory declaration and hand it into court. That will quash the conviction, cancel the fine and stop the bailiffs - all in one sitting!

 

You did not get a Notice of Enforcement

The law says you must be given at least seven days’ notice before the bailiff turns up. You have moved, and the bailiff traced you. The address on the warrant or writ is wrong. Always ask to see it. Some bailiffs do not give a notice because they stand to gain a higher fee of £310, otherwise they only earn just £75. The law says bailiffs must record the time the debtor was given notice. For such an important document, it is good practice the bailiff gets a proof of posting which costs nothing. If a bailiff failed to record the time the notice is given, enforcement fails and the debtor can sue to recover the bailiff’s fees.

 

The bailiff attended less than 21 days from the date printed on the Notice

The bailiff must wait until the statutory time limit has lapsed before he can attend. The law says the Notice is given by second class post, which means, it is delivered on the 4th weekday after posting - unless the sender makes a sworn affidavit. If the bailiff has attended in haste, enforcement fails and you can sue for damages including recovery of goods taken or claim the replacement cost of them.

 

You were not given a "Collection Order" or a "Further Steps Notice"

The law says the Magistrates Court must give defaulters a Collection Order, sometimes called a Further Steps Notice before the issuing a warrant of control to the bailiff to recover the sum by taking control of goods. If you did not get one, it is because you have moved and it was given to your previous address. You can get the enforcement stopped and revoke the bailiff’s fees.

 

You have already paid the fine, but the bailiff is pursuing you about his fees

Bailiffs cannot take control of your goods after you have paid the fine into court. The law says bailiffs may take control of goods to recover the fine and the costs of taking and selling your goods. It does not provide for recovering "fees" when you have paid the fine on a date before the bailiff takes control of your goods. Enforcement fails and you can sue for damages, recovery of the goods taken or you can claim the replacement cost of them.

 

The bailiff used or threatened you with a locksmith

There is no legislation that says bailiffs can use a "locksmith" or break entry to homes. The law says the bailiff "can enter and search for goods to be taken into control". The word "locksmith" is bailiff terminology for a right to "enter by reasonable force". Even then, it requires separate court permission and is rarely exercised. When it is, it results in months of court proceedings which is not commercially viable for bailiff companies.

 

You were not means tested or financially assessed before being fined

The law says defendants being fined must be financially assessed before a magistrate sets a fine. If you have not been assessed by the court, then you can ask for enforcement be stopped and have your financial circumstances assessed. Otherwise, the Court Service is in breach of section 85 of the Magistrates' Courts Act 1980.

 

You need more time to pay your court fine

You have several legal avenues to apply to the court for more time to pay. If bailiffs are knocking, you can still apply to magistrates for more time to pay. You need to be prepared to have bailiffs knocking until your application is granted.

 

You had a change of financial circumstances since you were fined

The law says if your financial circumstances have changed since you were fined, you can apply to the court to be re-assessed. First, gather evidence of your new income and expenditure. You can do this by writing to the court, but magistrates are much more likely to grant you a stay of enforcement if you plead your case in person at court.

 

You recently moved or changed address

If you have moved and the correspondence relating to your fine has been given to your old address, then enforcement fails. If you were fined (sentenced) without you knowing at your old address and the bailiff has traced you and turned up unexpectedly at your new address, the law says the enforcement is invalid. You can make a simple statutory declaration to quash the conviction, cancel the fine and stop the bailiffs. If the bailiffs do not know your new address, you must not give it to them.

 

You are a vulnerable person

Guidelines set out the classes of vulnerable persons and the law protects vulnerable people from enforcement action in certain circumstances. If the vulnerable person is alone, the law says the bailiff may not take control of goods. Otherwise, the law requires the bailiff to give the vulnerable person an opportunity to "seek advice". Otherwise, the law prohibits bailiffs recovering fees from vulnerable people. Guidelines states creditors must prepare to take back control of the case. The law does not prescribe bailiff companies to have a "welfare department". That is a creative invention of bailiff companies to suit their own agenda. They are not medically qualified, or have access to benefit payments to decide whether you are a vulnerable person.

 

The bailiff does not have an enforcement certificate

The person commits a criminal offence. The law requires any person instructed to take control of goods to have an enforcement certificate. You can report the person to the police for committing an offence under section 63(6) of the Tribunals Courts and Enforcement Act 2007. If the police tell you its a civil matter, then you can lay the information before a Justice of the Peace sitting at a magistrates' court for the question of reporting the suspect for the offence. All enforcement carried out by any person not having an enforcement certificate is invalid.

 

The bailiff refused to show his ID

The law says a bailiff must show evidence of his ID to the debtor or any person who appears to be in charge of the premises being attended. If the bailiff refuses to show it, then he is not "acting lawfully". The bailiff can be thrown off from the premises or property without the debtor or person committing an offence of "obstructing an enforcement agent".

 

The bailiff refused to show the warrant of control

The law says a bailiff must show evidence of his authority to enter the premises to the debtor or any person who appears to be in charge of the premises being attended. The authority to enter is conferred under the warrant of control. If the bailiff refuses to show the warrant, then he is not "acting lawfully". The bailiff can be thrown off from the premises or property without the debtor or person committing an offence of "obstructing an enforcement agent".

 

The warrant of control looks like a fake.

A warrant of control issued for unpaid court fines only confers an enforcement power for the amount the defendant was fined. The document doesn't suit bailiff companies who receive no remuneration from the court for recovering unpaid court fines. The genuine warrant does not say the fees are enforceable. That doesn't mean defaulters get away without paying fees. There is no enforcement power to recover fees after the fine (the sum adjudged) is paid into court. Bailiffs make their own warrants with fees added to the sum to make it appear the debtor has been ordered to pay them and present the document as a "warrant of control ".

 

 

The bailiff charged you £235 "Enforcement Stage fee" more than once

The law says bailiffs can charge the £75 Compliance stage fee of each enforcement power against the same debtor being recovered together. But the law says the £235 enforcement stage fee may only be charged once no matter how many enforcement powers are being executed together against the same debtor. If a bailiff charged you multiple £235, for example, in a single taking or clamping of a car, you can recover the sum plus your costs for bringing the claim.

 

You were charged a £110 "Sale Stage Fee"

The law says the sale stage fee £110 only applies when the bailiff has started the process of removing goods to sell. If a bailiff removed the goods (vehicle) to a compound for storage, the sale stage fee does not apply unless the sale takes place at the compound. The fee does not apply when the bailiff says he has "called a truck". The sale stage fee only applies after the bailiff has taken control of your goods using one of the four methods prescribed in paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and has started the process of moving them to the place of sale.

 

You were charged a card fee

The fee regulations say the bailiff can only recover the prescribed fees in the Schedule of the Taking Control of Goods (Fees) Regulations 2014 along with disbursement paid for taking and selling the debtors goods. A card fee does not fit any of these provisions. If a bailiff is charging a card fee, then you do not have to pay it. You can reclaim it via a Chargeback with your bank or credit card company.  Act quickly as soon as the transaction has taken place.

 

The bailiff charged VAT on his fees

The fees and disbursements prescribed the Taking Control of Goods (Fees) Regulations 2014 do not attract VAT. The bailiff is performing services for the creditor, in this case HM Court Service. There is no contractual or consumer relationship between bailiffs and debtors that attract VAT.

 

The bailiff charged "storage fees" for keeping your vehicle

The law provides for bailiffs to recover regulated prescribed fees. Storage fees are neither prescribed nor regulated. The law provides for disbursements, or "costs" to be recovered from the debtor. Storage fees are neither disbursed nor "costs". You may recover all storage fees you have paid to reclaim your car.

 

The bailiff said he will "arrest" you, or an "arrest warrant" has been issued

Bailiffs use police-like terminology like "arrest" and "arrest warrant". The is no legislation enabling bailiff companies to "arrest" anyone, restrain and transport prisoners or bring suspects to court. Bailiffs use the word "arrest warrant" on documents for tracing missing defaulters by pushing documents through letter-boxes to see if anyone makes contact and gives the missing debtors new address. An arrest warrant issued under section 8 of the Police and Criminal Evidence Act 1984 can only be executed by a constable who must be on duty and wearing the correct uniform.

 

The bailiff turned up before 6AM or after 9PM

If you see bailiff activity at your property before 6am, then you must call police on 999 immediately. The time of the call is logged and becomes irrefutable evidence when bringing a claim for non-compliant enforcement. It is common for bailiffs to work at night or under cover of darkness with ANPR vans and clamp cars before 6am. Then write on a document they attended at 06.05am. If you or a CCTV system captures enforcement activity before 6am, the enforcement fails and you can sue for damages.

 

You were paying in instalments then you received a bailiff

If you set up a repayment plan with a bailiff company when you received the Notice of Enforcement. The bailiff company only earns £75. They send a bailiff round to attract a further £235 enforcement stage fee. You can apply to the court with a change of circumstances or get re-means tested. That stops the enforcement and cancels the fees.

 

Court Service said its "Hereford and Worcester Ex-parte McRae"

When a defaulter pays a court fine on-line, Court Service staff may send a template letter called the "Hereford Template". It promotes a belief the warrant is still active and cannot be withdrawn. It is a factual error by court staff because the warrant of control ceases to be exercisable when the sum adjudged on the warrant has been paid into court.

 

Bailiff attended about a fine that was paid on-line to HM Court Service

Bailiffs only get paid when they recover the unpaid fine. When a defaulter pays the fine into court, the bailiff loses out his commission. They are paid £90 from the £310 fees if they recover the fine and all the fees. When a court fine is paid, the bailiff might turn up saying he has a "warrant" and demands the fees are paid. As there is no longer an enforcement power, he cannot take control of goods to recover his fees.

 

The date of the alleged offence is more than 6 months ago

The law says non-indictable offences, or minor offences, must be laid before the court within 6 months after the alleged offence. If the police, DVLA, TV Licensing or any other prosecuting body, brings a prosecution against you out of time, or you have already been convicted in your absence in relation to a prosecution that was laid before the court out of time, you can revoke the conviction and the fine by making a statutory declaration under section 14 of the Magistrates’ Courts Act 1980.

 

The fine is more than 12 months old

Before starting enforcement, all debtors by law, must be given a Notice of Enforcement. The Notice only has a service life of 12 months from the date of issue printed on it. Once that time has lapsed, enforcement cannot begin. The bailiff must give a fresh Notice of Enforcement provided the enforcement power has not ceased to have effect in the meantime.

 

Your vehicle has been wheel clamped (immobilised)

If the vehicle has been clamped while parked on a highway or on your own land, it WILL be removed within two hours. You must act quickly. You may even have to deploy a "Pay and Reclaim". In any case, you must record on video the vehicles condition and this must be repeated when the car is returned. You can sue for damage caused to it while the bailiff had control of it. If the car is clamped on private land you don't normally live, such as a car park or a neighbour’s allocated parking space, then you can sue for damages and for the recovery of the vehicle.

 

Your vehicle has been towed away.

Call TRACE on 0845 206 8602 and report the car stolen to the police. It doesn't matter if the police tell you its a civil matter. you must report it to log the call onto the CAD (Computer Aided Dispatch). Inform the DVLA the car has been "taken without permission". That protects you from any traffic offences liability. If your car is on hire purchase, leased or has a logbook loan secured on it, you must inform the lender or leasing company and they can make what is called an "interpleader claim" to recover the car. The bailiff company pays their solicitors costs for bringing the claim.

 

The bailiff is calling about a fine by a housemate or other person

If the debtor named on the warrant of control does not live at your address, the bailiff does not have a right to enter the property. Bailiffs only have a right to enter the debtors home or premises he trades from. If the occupant is threatened, then call police on 999 reporting a disturbance. A constable takes a statement, contacts the bailiff and tells him the debtor does not live there. Do not show personal documents to a bailiff. You have no way of knowing if the bailiff is registered under the Data Protection Act 1998.

 

You paid the fine online to Court Service but you got a letter saying the money is given to bailiffs

Court Service has a contract with bailiff companies to enforce payment of unpaid court fines. The company receives no payment from Court Service. When a court fine is paid into court after the bailiff company has been instructed, the bailiff and his company lose out on their commission. Court Service give a letter saying they have given the money to the bailiff company. There is no enforcement regulation enabling Court Service to give treasury funds to a company in this way. It makes you believe the warrant is active when it is not. The government officially states bailiffs cannot enforce payment for fees after the enforcement power has ceased to be exercisable.

 

 

You paid the fine ONLINE but got a refund

This is now very rare. That used to be Court Service policy. When a court fine is paid into court, the enforcement power ceases. There is no legislation that states the enforcement power is revived if money is returned. That resulted in a defaulter escaping his court fine because the enforcement power ended when he originally paid it. This practice ended after the treasury lost the money. It is thought this practice was created by a Court Service employee as a method to give bailiffs their commission. But rather unwittingly gave away public money and the defaulters fine could not be recovered.

 

The bailiff is pursuing you about someone else's fine

The law states bailiffs may only take control of goods of the debtor. If you have been forced by a bailiff under the threat of an enforcement action to pay a debt owed by another, then you have a right to recover it in the small claims court from the bailiff company along with your costs.

 

You were forced to pay someone else's court fine

It is an offence for a bailiff to make you pay for somebody else's court fine. Even if the defaulter is a relative. The offence is under sections 2 and 4 of the Fraud Act 2006. You can report the offence to police and bring an action in the small claims court to recover the money and your costs. It is also an offence under section 78(5) of the Magistrates' Courts Act when a bailiff "makes an improper charge". You can sue the bailiff company to get your money back or do a Chargeback with your bank.

 

 

The bailiff removed an exempt vehicle or goods

The law sets out what makes goods exempt from civil enforcement. If a bailiff takes control of them, then you can either make an "interpleader claim" under Part 85 of the Civil Procedure Rules, or recover them., You can choose to recover the replacement cost of them by making a claim in the court under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. You can also claim damages for the unlawful deprivation of use at a prescribed daily rate. You can recover "Special Damages" if you have paid a financial loss, e.g. rental cars which you have sales invoices, or taxis which you have drivers receipts setting out each journey taken and the fare. There are no limits on the amount you can claim provided you get sales invoices and receipts.

 

 

Your vehicle has been sold, but you were not given a valuation

Enforcement fails. The law says the debtor must be given a valuation before the goods are sold. You can sue for the replacement cost of the goods. The law says valuations can be independent, or the bailiff can just make one up. The most irrefutable valuation is a written one made by a dealer principal at any franchised dealership for the vehicle's manufacturer. You can obtain quick valuations by searching eBay completed sold listings for the same model and condition of the vehicle.

 

The bailiff refused to explain his fees and costs

Bailiffs often charge a fee to explain his fees and costs. The law says all fees and disbursements must be set out in the Notice of Enforcement. If they are not, the enforcement fails and you can sue for the recovery of the fees. You bring the action under Paragraph 66 of the Tribunals Courts and Enforcement Act 2007 for failure to comply with paragraph 7(1)(2) of the Schedule. You must quote in your statement of claim, the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014, otherwise judges tend to overlook it.

 

The controlled good agreement is not compliant with regulations

The controlled goods agreement is a regulated and legally binding contract between a bailiff and a debtor. If the agreement is not compliant with regulations stating what is must contain, then it fails. Typical reasons a controlled goods agreement fails are the bailiff not fully identifying the goods listed, or their quantities that have been taken into control are estimated. Controlled Goods Agreements also fail when the goods listed are not the debtors.

 

The bailiff said he is a "High Court Enforcement Officer"

An enforcement agent, or what is called a "bailiff", is a prescribed person under section 63 of the Tribunals Courts and Enforcement Act 2007. A High Court Enforcement Officer is a prescribed person under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff says he is a High Court Enforcement Officer when he is not, then he commits an offence under section 2 of the Fraud Act 2006. It is called "fraud by false representation". Enforcement Agents cannot officiate and cannot call themselves an "officer". They are "agents" authorised to take control of goods.

 

You are being blackmailed, deploy "Pay & Reclaim"

If the bailiff is demanding money you do not owe, he commits an offence under section 21 of the Theft Act 1968. The police will say the crime is a civil matter. You may have to deploy "Pay & Reclaim". That means conceding to the demand and reclaiming it again thought the courts. If a car is taken, you get back control of it. The bailiffs case becomes toxic because he now has to bear the cost of attending and defending your claim whether or not you are successful. In all probability he will pay back your money and pay the costs of the proceedings. He cannot make a profit after a Pay & Reclaim procedure has been executed. It becomes commercially toxic for the bailiff.

 

You are getting unsolicited or nuisance text messages from a bailiff

Bailiff companies sometimes send text messages to mobile numbers who they think might be the debtor. Its a method of tracing missing debtors and seeing if it provokes a response and an admission of your identity. Never respond to unsolicited or nuisance text messages. Even if the sender's identity has been concealed, you can hand it in to the Information Commissioners Office with a complaint under section 1 of the Protection from Harassment Act 1997 by completing an online form.

 

A document was left hanging out of your letterbox or communal doorway

It is a bailiff’s method to see whether a property is empty. A document would otherwise be taken in when the occupant comes home. The method is borrowed from burglars and criminals checking whether a house is empty. It is also used to find out if the document provokes a reply as a method of tracing missing debtors. It can also be to attract a £235 enforcement stage fee.

 

You told the bailiff to leave your property, and he refused

If the bailiff has not taken control of goods and fails to show evidence of his authority to enter the premises, he is required to leave with all due reasonable speed when the debtor or other person in charge of the property tells him to leave. Failure to comply can result in a claim for damages for breach of Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the debtor does not live or trade at the address, the bailiff is liable for a trespass action brought by the person in charge of the property.

 

A NOTICE was displayed telling the bailiff to leave the property

Unlike common debt collectors who have no enforcement powers, bailiffs acting lawfully with a warrant of control may enter specified premises on invitation. He can disregard a notice to leave if the debtor lives or trades from there (unless the bailiff is otherwise not acting lawfully). That does not extend to having a locksmith break entry. That authority has to be obtained from the court separately. Otherwise, bailiffs may only enter an unlocked door, or be invited in.  Liability Orders for unpaid council tax do not confer powers to enter premises.

 

The bailiff jammed his BOOT into your DOOR

Enforcement fails. The law says the bailiff may enter a property by "normal means". A bailiff jamming his boot into a door amounts to the use of force against a debtor. The law says a power to use force does not include power to use force against persons.

 

The bailiff filmed you with a BODYCAM or a GoPro camera

If you are bringing a claim for unlawful enforcement action which the bailiffs bodycam footage would provide the evidence to prove your claim, you have a right to ask for a copy. If the bailiff refuses to give it, makes excuses or says "data protection act", you can ask the court to make an order requiring the bailiff to give you his bodycam footage according to a deadline. If the bailiff does not comply with the order, the court can strike out his defence and you win your claim without a fight. The bailiff hangs himself with his own rope.

 

The bailiff turned up with a TV crew

You can stop the footage being broadcast. Section 10 of the Data Protection Act 1998 states you can give a notice to the data controller of the film company or the TV station to stop "processing your data". The Act classes video footage of you and your property as "personal data". If the data controller fails to respond in writing confirming they have stopped processing your data, you can ask the Information Commissioner to make an assessment and has a power to issue a fine. You can sue the TV company or TV station in a county court for breach of Section 10 of the Act for a "sum to be decided by the court".

 

 

The bailiff said he will "arrest you"

Bailiffs and private companies do not have powers to arrest or restrain suspects or transport prisoners. That is only a privilege of a police officer, who must be on duty and wearing the correct uniform or shows a warrant card.

 

The bailiff looked like the Police

If a bailiff wears attire with police-like markings or equipment with intent to deceive or impersonate a police officer commits an offence under Section 90 of the Police Act 1998. If you capture him on video, then you can report him to the police.

 

The bailiff says you are "intentionally avoiding him"

The law says a debtor deliberately avoiding a bailiff and preventing him access to controlled goods inside, the bailiff then has a right to enter by force to access those goods. Bailiffs sometimes put a document through the door making a false accusation of "intentionally avoiding him" even when you are out or do not live there or when there are no controlled goods inside.

 

The bailiff damaged your business reputation

If a bailiff told other people, you have a fine or a debt, you can sue for damages. You must be able to quantify the monetary loss incurred and have the persons contacted by the bailiff to attend court as witnesses as well as making a sworn statement filed in evidence. Otherwise proving a claim for reputation damage and quantifying your claim is difficult.

 

The bailiff called the Police

If a bailiff says he called the police, then you can get the call details from the police CAD (Computer Aided Dispatch) by calling them on 101. That not only confirms whether or not the bailiff actually called the police and what the bailiff said to them. This information is exempt from the Data Protection Act 1998 under the operation of Section 29. It is a bailiffs tactic to scare you into thinking the police will be coming.

 

The bailiff, or police snatched car keys, a mobile phone or other article out of your hand, or vehicle

Enforcement fails. The law says any article being used by somebody cannot be taken into control if it likely to cause a breach of the peace. That includes any car that is being driven by someone. If you are accused of a breach of the peace by a police officer after having something snatched from you, then that causes enforcement to fail. You can sue for damages for a breach of Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

 

The bailiff committed a crime against you in the presence of police

Police forces have an institutional policy that says bailiff crime is a civil matter. That is not what the law says. If a police officer witnesses a bailiff committing an offence, then the law says he must place the suspect under arrest. By failing to do so, the police officer commits an offence under Section 26(5) of the Criminal Justice and Courts Act 2015, and you have a right to lay the information and the evidence before a Justice of the Peace sitting at a Magistrates' Court for the question of reporting the suspect for the offence.

 

The police arrested you, or threatened to arrest you

If you have been charged with an offence of "obstructing an enforcement agent" under Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007 and the enforcement agent was not acting lawfully, then you are not guilty of the offence. If you are charged with "interfering with controlled goods" and the bailiff did not lawfully take control of them, then you are not guilty of the offence. You need to get legal representation straight away. You get all your costs paid. If you are threatened with arrest for a charge which you are not guilty, then you can make a complaint against the police officer to police Professional Standards department for abuse of police privilege. If you were arrested and released without charge, you can sue for false arrest and unlawful imprisonment. You need expert help to bring this claim against the police force. Contact me for a case examination.

 

The police have charged you with an offence

If you are not guilty of the offence, you can sue the police force for unlawful imprisonment, false arrest and in some cases, malicious prosecution. If the arresting officer performed the arrest to cause annoyance, or to help a bailiff cause or expose you to an unlawful loss, then you can bring an action against the police force and give the Crown (prosecution service) an opportunity to discontinue the case against you on the grounds there is no prospect of a conviction. You will need expert help to build your defence and creating a case against the police force. Contact me for a case examination.

 

You were injured or assaulted by a bailiff

You must seek medical attention immediately. Time is very critical at this stage because you can bring a Personal Injury Claim. Medical evidence is crucial in bringing a claim. The claim can be brought against the creditor, the bailiff or the bailiff company, or all three of them together. The bailiff company will have liability insurance to settle your claim and pay compensation. You can make a complaint to police for offences of common assault or Actual Bodily Harm, depending on the severity of your injuries. Police might tell you the offence is a civil matter.

 

The bailiff damaged your property or vehicle

When a bailiff takes control of goods or a car, the law says liability for their care passes to the bailiff. If your goods become damaged, or returned damaged, the law says you can sue for the repairs or the replacement cost. You must have irrefutable proof the damage was inflicted by the bailiff. Make a video of the bailiff when he comes into contact with your goods or your car. If your video shows your goods are undamaged when the bailiff took control of them, the bailiff has no defence.

 

You want to make a formal complaint about the bailiff

Bailiffs encourage complaints to their own company or their trade association. You will waste your time. They play lip service getting you into an endless volley of letter-writing until you give up your complaint. There is an official channel to complain about a bailiff, but limited to questioning the bailiff’s fitness to hold a certificate. Unless you can show the bailiff is unfit to hold a certificate, for example he has undeclared convictions, sex offences, commits fraud or lacks proficient knowledge of enforcement regulations. Instead, make a claim and recover your damages. You hit the bailiff where it hurts most, in the pocket.

 

You want to prosecute the bailiff

Anyone can bring a prosecution, but you must gather your evidence, prepare a witness statement then give the police an opportunity to investigate the crime and question the suspect. When the police tell you it’s a civil matter, or choose not to pass the case to the Crown Prosecution Service, you now have a right to lay the information and evidence before a Justice of the Peace sitting in a Magistrates' Court. The magistrate has a power to order the Crown to prosecute the case and issue warrant to the police to bring the suspect into court to enter a plea.

 

You would like to speak to the MEDIA about your experience

If you want to raise public awareness about your case using the media, there are a number of ways to prepare your story to make it newsworthy. Only approach the media when your legal proceedings have been concluded, otherwise your claim can be undermined.

 

You got this far but you still need more help.

Maybe I can fix it? I offer a private telephone consultation service. I charge for this service otherwise I would be on the telephone 24/7. I can examine your case, speak to the bailiff where necessary and try to solve your complaint. If the bailiff is not forthcoming, then I can recommend a course of legal action. This can include a referral to specialist solicitors versed in civil enforcement redress, or legal counsel to represent you at court.

 

 

 

 

You cannot afford to pay for a telephone consultation

You can anonymously ask simple questions about your enforcement case by signing up on the UK's only dedicated discussion forum for debtors receiving bailiff action. Do not give your real name or information that could identify you. Other members of the public can offer their remedies free of charge.

 

 

Jason Bennison (c) 2017

 

 

 

 

 

 

 

 

 

 

 

 

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