Bailiff - warant for arrest

[Tilly84]

The council wasn't interested, again. They just said to put it in writing.

 

I'm going to speak to my local councillor, as you suggested, and also to my local MP. Hopefully they will be more helpful than the council.

[Tilly84]

Hi everyone, another update.

 

I wrote the above letter suggested by Happy Contrails, it was dated 11th November. I have received nothing whatsoever from the bailiffs in response, until today when I had another threat from them.

 

They don't even acknowledge my letter to them or answer one of my questions. They have also failed to send me the information requested such as a screenshot/itemised breakdown of my accounts with them. Instead they have sent a standard threat of:

 

'If the above amount is not paid in full to this office within seven days of the above date we will have no option but to enforce the liability order by the bailiffs attending your premises with a view of SEIZING your GOODS for sale by PUBLIC AUCTION. you should note that if we do seize and remove your goods it is unlikely that the further costs will be less than £90'.

 

Fist of all they say I have 7 days from the above date. The letter is dated 25th November, I received the letter today (1st December). So in effect they're giving me one day to pay them.

 

I have a couple of questions now of what to do next.

 

1) Now that they have ignored my request for a screenshot/breakdown of my account, what is the next step in regards to finding this information out? I know Happy Contrails said that in the event of no reply I can proceed with litigation against the council and bailiffs, but what does this involve and how do I go about it?

 

2) The above threat relates to the 3rd account which the bailiffs are insisting was not covered by our original agreement, despite me having it in writing from them stating that it was. I'm thinking of just paying the 3rd account direct to the council. If I do this, do you think I should reduce my fortnightly payment to the bailiffs by a third to reflect them changing our agreement that they say now only covers 2 accounts? I filled a form out regarding my income and outgoings and they agreed that I could only afford £10 per fortnight for all 3 accounts. So I think it is only fair that this gets reduced to reflect the fact that they are now treating the 3rd account as separate. I was thinking of reducing my payments to £6.67 for the 2 accounts they claim are covered by our original agreement, and paying the remaining £3.33 direct to the council for the third account.

 

3)If I do pay the council direct, what action will the bailiffs take? Will they just accept it and carry on collecting payments for the other 2 accounts or are they likely to try something else?

 

4) As I said previously, I seriously consider their behaviour to be harassment, is there anyway for me to action against them in regards to this?

 

I'm sorry for yet another list of questions, but I feel like just giving up with these idiots. I don't know what else I can do make them see sense. The council just aren't interested in the least, saying once it's in the hands of the bailiffs, there's nothing they can do at all. My MP is busy and I can never seem to get an appointment with him. Although admittedly, I could have written to him, but I don't feel I can write down and explain everything that is happening clearly enough in a letter.

 

Can anybody give me any advice of what to do next?

 

Thanks again.

 

edit: I should add that the letter I sent requesting a screenshot was sent by recorded delivery and Royal Mail has confirmed delivery.

Edited December 1, 2009 by Tilly84

[hallowitch]

2) The above threat relates to the 3rd account which the bailiffs are insisting was not covered by our original agreement, despite me having it in writing from them stating that it was. I'm thinking of just paying the 3rd account direct to the council. If I do this, do you think I should reduce my fortnightly payment to the bailiffs by a third to reflect them changing our agreement that they say now only covers 2 accounts? I filled a form out regarding my income and outgoings and they agreed that I could only afford £10 per fortnight for all 3 accounts. So I think it is only fair that this gets reduced to reflect the fact that they are now treating the 3rd account as separate. I was thinking of reducing my payments to £6.67 for the 2 accounts they claim are covered by our original agreement, and paying the remaining £3.33 direct to the council for the third account

 

 

 

do not reduce your payments to the bailiffs if you do this the bailiff will say you failed to keep to the agreement

 

 

you have it in writing from the bailiffs that your payment covers the 3 accounts

[Tilly84]

Hi hallowitch,

 

I didn't think of that. I am fully up to date with my £10 per fortnight payment at the moment, so I'll stick to that.

 

Have you any suggestions what I should do about getting them to stick to our original agreement? They are constantly knocking on my door and sending me text messages to phone them, and occasionally sending me these threats. They just won't accept that the agreement covered all 3 accounts.

[hallowitch]

do you still have a copy of the letter saying the £10 per 2wks covers all 3 debts

 

do you still have copy's of the walking possession agreements

 

did you send your letter to bailiffs regarding screenshot recorded delivery do you still have proof of postage did you check to if letter was signed for

[hallowitch]

Does this possession order change anything? Also, the only furniture he listed was the furniture that I rent from Perfect Homes. I told him I didn't own the furniture, but he didn't believe me and listed it anyway.

 

do you have copy's of the agreements if not can you get them

[Tilly84]

I do have the letter stating £10 per fortnight for all 3 accounts.

 

I don't have a copy of the walking possession agreements. These were lost when I moved.

 

I sent the letter requesting a screenshot by recorded delivery and the Royal Mail's online tracking confirmed that it had been delivered.

[Tilly84]

Does this possession order change anything? Also, the only furniture he listed was the furniture that I rent from Perfect Homes. I told him I didn't own the furniture, but he didn't believe me and listed it anyway.

 

do you have copy's of the agreements if not can you get them

 

The agreement for the furniture? I do have a copy of these. when the bailiff came and did the walking possession, the agreements were packed as I was in the middle of moving house. I do have these now, though.

[hallowitch]

you need to copy all letters from Jacobs

all letters you sent to Jacobs

the prefect homes agreements relating to the furniture levied

 

make a FORMAL COMPLAINT in writing to the councils complaint department include copy of everything letters sent/received from the bailiff and council and copy's of the perfect home agreements

 

send a separate letter to the chief executive of the council include all correspondence you have sent /received from the bailiffs and council also send copy's of the prefect home agreements

 

send a letter to mp including copy's of everything make a complaint to him

[Tilly84]

Thanks for your help, I'll do that.

 

I just hope the council take it more seriously than they did last time. Last time I complained to them they said they were happy for Jacobs to answer my complaint, despite my complaint being about Jacobs and addressed to the council.

 

Thanks again for your help.

[ploddertom]

You still have time to start the ball rolling tonight. Contact your local Councillor, I imagine any time up to 9pm is acceptable, they asked for public office so they expect to be disturbed every so often. May just be able to give them a brief outline tonight, followed by full briefing.

 

PT

[Nintendo Pü]

that in the event of no reply I can proceed with litigation against the council and bailiffs, but what does this involve and how do I go about it?

 

The post says, download and complete a Form NI, it even gives the text of the claim.

 

What else do you need to know?

[Tilly84]

So it does.

 

Told you I was upside down with these idiots. I don't know whether I'm coming or going.

[Tilly84]

My councillor is unavailable tonight, ploddertom, but he has a surgery on the 1st Saturday of every month, so I'll call in and have a word with him then.

[Rob M]

Hi All

Last year i had two thugs arrive at my door with a warrant for my arrest (without bail) for council tax paid 4 years previously, i had to drag ID out of them which was simply a peice of letter headed paper.

After they shouted what the warrant was for, then announced that they were bouncers at the weekenk and would "take me if they wanted" and told my 5 year old son they were taking Daddy to prison to be locked up, i had enough and phoned my father , a retired police officer.

 

here is a few questions he asked them and their response;

 

Q. do you posses a valid home office warrant card

A. eeerm NO why

 

Q. Under what section of PACE are you operating

A. what the hell are you on about

 

Q. Are you insured not only to physically restrain but to transport a prisoner

A. i expect so

 

Q. what rights have you informed your prisoner and what safeguards have you accounted for for the welfare of children or family illness.

A. i dont see what its got to do with you.

 

Q What laws give you the power to restrict civil liberty above that of citizens arrest

A. the law does not concern us

 

 

at this point my father lost patiants and elequantly instructed the bailiffs to F*$£ OFF and never return , there will be no arrest if any further attempts were made then he would inform the police and have them arrested,

They left quickly without anymore fuss, i phoned the council the next day and they confirmed their error but no apology for the door step terrorists at my door, i have complained to the manager of the council tax collections office and to the baillifs, they both robustly defend their actions, i will however chase them down, i was told i had a good case to proscecute them but cannot afford to start proceedings, its very true to say justice is reserved for thos who can afford it.

 

So after a lot of research, no one other than the police or hm costoms can force an arrest, BAILIFFS HAVE NO POWERS OF ARREST EVEN WHEN ACTING ON AN ARREST WARRANT.

[seanamarts]

Hi All

Last year i had two thugs arrive at my door with a warrant for my arrest (without bail) for council tax paid 4 years previously, i had to drag ID out of them which was simply a peice of letter headed paper.

After they shouted what the warrant was for, then announced that they were bouncers at the weekenk and would "take me if they wanted" and told my 5 year old son they were taking Daddy to prison to be locked up, i had enough and phoned my father , a retired police officer.

 

here is a few questions he asked them and their response;

 

Q. do you posses a valid home office warrant card

A. eeerm NO why

 

Q. Under what section of PACE are you operating

A. what the hell are you on about

 

Q. Are you insured not only to physically restrain but to transport a prisoner

A. i expect so

 

Q. what rights have you informed your prisoner and what safeguards have you accounted for for the welfare of children or family illness.

A. i dont see what its got to do with you.

 

Q What laws give you the power to restrict civil liberty above that of citizens arrest

A. the law does not concern us

 

 

at this point my father lost patiants and elequantly instructed the bailiffs to F*$£ OFF and never return , there will be no arrest if any further attempts were made then he would inform the police and have them arrested,

They left quickly without anymore fuss, i phoned the council the next day and they confirmed their error but no apology for the door step terrorists at my door, i have complained to the manager of the council tax collections office and to the baillifs, they both robustly defend their actions, i will however chase them down, i was told i had a good case to proscecute them but cannot afford to start proceedings, its very true to say justice is reserved for thos who can afford it.

 

So after a lot of research, no one other than the police or hm costoms can force an arrest, BAILIFFS HAVE NO POWERS OF ARREST EVEN WHEN ACTING ON AN ARREST WARRANT.

Hi Rob, You couldnt start a fresh thread with this as I am sure others would love to read this

[jimbo45]

Hi All

Last year i had two thugs arrive at my door with a warrant for my arrest (without bail) for council tax paid 4 years previously, i had to drag ID out of them which was simply a peice of letter headed paper.

After they shouted what the warrant was for, then announced that they were bouncers at the weekenk and would "take me if they wanted" and told my 5 year old son they were taking Daddy to prison to be locked up, i had enough and phoned my father , a retired police officer.

 

here is a few questions he asked them and their response;

 

Q. do you posses a valid home office warrant card

A. eeerm NO why

 

Q. Under what section of PACE are you operating

A. what the hell are you on about

 

Q. Are you insured not only to physically restrain but to transport a prisoner

A. i expect so

 

Q. what rights have you informed your prisoner and what safeguards have you accounted for for the welfare of children or family illness.

A. i dont see what its got to do with you.

 

Q What laws give you the power to restrict civil liberty above that of citizens arrest

A. the law does not concern us

 

 

at this point my father lost patiants and elequantly instructed the bailiffs to F*$£ OFF and never return , there will be no arrest if any further attempts were made then he would inform the police and have them arrested,

They left quickly without anymore fuss, i phoned the council the next day and they confirmed their error but no apology for the door step terrorists at my door, i have complained to the manager of the council tax collections office and to the baillifs, they both robustly defend their actions, i will however chase them down, i was told i had a good case to proscecute them but cannot afford to start proceedings, its very true to say justice is reserved for thos who can afford it.

 

So after a lot of research, no one other than the police or hm costoms can force an arrest, BAILIFFS HAVE NO POWERS OF ARREST EVEN WHEN ACTING ON AN ARREST WARRANT.

 

 

Not quite true -- If the Court has issued a warrant for arrest the Bailiff can deliver it WITH THE POLICE in attendance -- it's up to the POLICE (or their authorized agents) to "transport Prisoners".

 

However for Council Tax a Court will NEVER order an arrest if some attempt to pay money has been made or at the very least you've put your income statements before the court and they can see you don't have any money.

 

You can't be sent to Prison for attempting to pay.

 

It's the same with Repossessions and evictions -- the Police will accompany the Bailiff performing the eviction / repossession.

 

A Bailiff has ZERO powers himself to do this.

 

Cheers

jimbo

[Rob M]

Sorry , I should have been clearer, I had moved house and recieved absolutely no warning of any problems, they claimed to be warrant officers and were not accompanied by the police, they told me THEY would make the arrest and detain me, and transport me to cells. All this of course mas an error and I owed nothing, besides that whatever powers the doorstep Taliban have does not give them the right to shout my business out loudly use threating and intimidating behaviour ( verbally and physically) or to traumatised sixyear old, who by the way still has nightmares about me and now his sister being taken away by nasty men.

Sorry to rant on but these people are the **** of the earth, I am in the army and give the Taliban more respect than the lying cheating jumped up doormen who claim to being " just doing a job " ,

[Bailiffron]

Rob m why are you lieing?everything you just said is rubbish.firstly any citizen can arrest a wanted criminal in the uk without having a arrest warrant on them.secondly no the police do not need to be present for a bailiff to make a arrest.and no the bailiff transports the prisoner in his own car and takes the prisoner to court or prison.secondly if the police are called to assist with a arrest warrant they are the bailiffs back up.if you resist the police help the bailiff.if you don't open the door the bailiff tells the police to force entry to your house for him.you will also find a bailiff can refuse the police mans help as the bailiff is liable for damage the police cause.so to make this crystal clear to you.a bailiff on himself can and will arrest you and transport you to court.he can also search your house and you if he wants to.a bailiff enforcing a arrest warrant has the same powers as police arresting that person.they get there authority from the arrest warrant.witch is the court.your chatting complete air bubbles.if ur so called police man dad stopped a arrest from happening he would be arrested himself.and if the bailiff want of could of detained your dad for breach of the peice.the only powers the police have over bailiffs regarding arrest warrants is they can demand ur name and detain you for not giving it.other wise they go under common law like any citizen in the uk.we have full private police forces in the uk.btp port police park rangers.water bailiffs are actually constables.I suggest you get your facts right before coming out with rubbish like that.o n b the way council officials can arrest you to.rofl your post made me giggle

[ploddertom]

I think someone needs to look at the calendar.

 

PT

[fork-it]

Rob m why are you lieing?everything you just said is rubbish.firstly any citizen can arrest a wanted criminal in the uk without having a arrest warrant on them.

 

Rubbish - http://www.telegraph.co.uk/news/uknews/2188503/Ex-Soldier-arrested-for-kidnap-after-citizens-arrest-of-hooligan.html

http://goliath.ecnext.com/coms2/gi_0199-9353483/Charged-with-kidnap-the-shopkeeper.html

 

if ur so called police man dad stopped a arrest from happening he would be arrested himself.

 

Arrested by whom?

 

council officials can arrest you to.rofl your post made me giggle

 

Council officials are not trained in prisoner restraint and transport. I cant see any council empoyee attempting to take a prisoner into custody - and where would the official take him?

[Rachie1973]

Rob m why are you lieing?everything you just said is rubbish.firstly any citizen can arrest a wanted criminal in the uk without having a arrest warrant on them.secondly no the police do not need to be present for a bailiff to make a arrest.and no the bailiff transports the prisoner in his own car and takes the prisoner to court or prison.secondly if the police are called to assist with a arrest warrant they are the bailiffs back up.if you resist the police help the bailiff.if you don't open the door the bailiff tells the police to force entry to your house for him.you will also find a bailiff can refuse the police mans help as the bailiff is liable for damage the police cause.so to make this crystal clear to you.a bailiff on himself can and will arrest you and transport you to court.he can also search your house and you if he wants to.a bailiff enforcing a arrest warrant has the same powers as police arresting that person.they get there authority from the arrest warrant.witch is the court.your chatting complete air bubbles.if ur so called police man dad stopped a arrest from happening he would be arrested himself.and if the bailiff want of could of detained your dad for breach of the peice.the only powers the police have over bailiffs regarding arrest warrants is they can demand ur name and detain you for not giving it.other wise they go under common law like any citizen in the uk.we have full private police forces in the uk.btp port police park rangers.water bailiffs are actually constables.I suggest you get your facts right before coming out with rubbish like that.o n b the way council officials can arrest you to.rofl your post made me giggle

 

 

Your post DIDN'T make me giggle. Many people here put alot of time and effort into making sure people know their rights, and along comes you with your urban myths and ill advised advice (and I use that term loosely) spouting total rubbish.

 

You should be ashamed of yourself.

[Bailiffron]

Go to Cornwall police website.type warrant officer.you shall see for yourself

[Bailiffron]

Also your link means nothing no offence.there's plenty of links where citizens have arrest people and dropped them to the police station.sndly were talking about a bailiff with a arrest warrant.not a skinhead 21 year old brute of the street turning somebody in.the warrant is your proof of a lawful arrest.your forgetting private police in the uk arrest people for breach of the peice (no warrant) so why couldn't you arrest with a warrant?then the bailiff also has citizen arrest powers.it's completely different.

[Dodgy Geezer]

Here we go AGAIN.

 

An illiterate bailiff with appalling grammar.