Davey & Davey??

[hallowitch]

i would have thought a certificated bailiff would have to come to the debtors property and leave a notice of distress(form7) listing the van before they can remove and sell it

[MARTIN3030]

Yes HMRC have ancient rights of distraint and can take business assets and sell them at auction in settlement of an unpaid tax bill without a Warrant.

The same rights are afforded to Landlords.

[renegadeimp]

Very true martin, but they still need to be registered as an actual bailiff, even if theyre not certificated. So far we havent found any evidence that they are registered in anyway, apart from simply calling themselves bailiffs. Theres no info on their website, and no info anywhere else.

[MARTIN3030]

Sorry I should have said dont need Court order,not warrant.

 

Yes I see there has been some questioning about the legitimacy of the actions here,and no doubt more will be forthcoming when offices open tomorrow.

I have done a search,and it does not seem as though we have had any reports about these in the past.

 

From a company search I found some basic info;

DAVEY & DAVEY LIMITED

 

Number: 07248710

Registered office address:

TOWER HOUSE,

PARKSTONE ROAD,

POOLE,

 

 

Director Summary

 

Neil Patrick Davey has 1 company director or secretary appointments.

Short name - Neil Davey

Director ID : 915113214

Year of Birth: 1960

 

Address

24 Inverclyde Road

Poole

United Kingdom

BH14 8PB

 

I also found an entry for a Bailiff named Davey who is registered with Marstons,however there is no evidence to show that there are any connections between this and the firm in question,it is simply an observation and therefore should not be regarded as significant in the discussions here.

 

Southampton Combined Court Centre 27/09/2011 26/09/2013 Marston Group

James Benjamin Davey

[renegadeimp]

I think the key thing to agree on here is that this "bailiff" must not be allowed on the premises until he proves 100% that he is a bailiff. This includes allowing the debtor to check all details against the bailiffs register. If they start to get pushy or violent, call the police and when they arrive, tell them that these people have no proof at all that they are bailiffs.

 

If the police let them in without full proof ( and checking up on it themselves through their systems), then make a complaint about the police as well, since they are basically saying that anyone can come to a property posing as a bailiff and take goods without any problems at all.

[MARTIN3030]

All easier said than done at the crucial times.

[Michelle Ann]

Right, I've got a copy of the letter, I took a pic of it with my Tab. I'v removed the address details of the business owner.

 

[ATTACH=CONFIG]38267[/ATTACH]

[ims21]

Right, I've got a copy of the letter, I took a pic of it with my Tab. I'v removed the address details of the business owner.

 

[ATTACH=CONFIG]38267[/ATTACH]

 

You need to follow the instructions in post #25......jpg files are too small to read

[renegadeimp]

Or you can host it on photobucket and link it here.

[Michelle Ann]

Attempt two.....

 

How do I remove an attached doc?

Edited September 16, 2012 by Michelle Ann

[renegadeimp]

And still no proof that they are actually bailiffs. Wonder if theyre trying to pull a fast one on HMRC too.

[MARTIN3030]

There is a ref on the letter just under the date which is an identifier.

[ploddertom]

I still stand by what I said in Post 10.

[dx100uk]

and can we see the distraint inventory please.

 

something smells here .

 

dx

[dx100uk]

hello you lot blind

 

just looked on the website quoted

 

they are bailiffs.

 

http://www.daveyauctioneers.co.uk/services/legal/ballifs.html

[dx100uk]

urm.. not quite

 

digging depeer

 

"We offer a complete service for High Court Enforcement/Bailiffs agencies with removal and disposal of assets."

 

so PT sounds on the right track [as always:rockon:]

 

dx

[old bill]

I have just looked and it clearly says they provide a service for HCEO and bailiff agencies in the removal and disposal of goods. They are not certificated bailiffs themselves. Nor are they licensed as debt collectors.

 

So, we have potential offences under Section 135, County Courts Act 1984 and potential offences under the Consumer Credit Act 1974-2006.

 

As for the crap CCS come out with as regards harassment, the Crown is not exempt from the provisions of the Protection from Harassment Act 1997. They would have to prove their actions were lawful in order to be exempted under Section 1 of the Act. In my considered judgement, the Ferguson case would probably apply in the case of a government department harassing an individual or allowing a third party to harass an individual where it could be established the Crown had no grounds or the harassment was as the result of an error on the Crown's part.

Edited September 16, 2012 by old bill

[renegadeimp]

From the info we have, it seems like they can turn up with a van and sell the items at auction, but they would still need a bailiff to come and execute HMRC's orders.

[brassnecked]

My take is that they are removal contractors, who provide the "van" for bailiffs or A.N. Other who require seized goods to be taken to auction, If they are indeed passing themselves off as bailiffs also, then I regard them as acting illegally as oldbill has already stated.

[ploddertom]

As said For VAT, HMRC may use their own officers, appoint an individual or employ private Bailiffs - not necessarily Certificated. If goods have already been seized which sounds likely then any interference is an offence under s.68 of VAT Act 1994. Part of the clue to this is in the letter where it says "I have today received instructions from the Inland Revenue Debt Recovery Office ..........". They appear to have been appointed correctly in my view. You will need the name of the official who has instructed them.

 

If monies are missing then unfortunately it is not for those attending to appraise & remove the goods to sort it as they are acting under instructions. The only way forward is to contact the office that has instructed Davey & Davey and provide them with the evidence the monies have been paid already.

[old bill]

The HMRC VAT Office is at Poole. However, please check to make sure this is still correct. They are notorious for their mistakes.

[dx100uk]

thanks OB

 

always good to have two sets of eyes,

 

dx

[MARTIN3030]

Yes a report recently issued showed that 57% of all HMRC complaints are upheld due to their mistakes.

But its hard to believe that if there are any malpractices here,that no one has ever challenged them before now.

 

http://www.dailymail.co.uk/news/article-2200671/HM-Revenue-Customs-admit-wrong-majority-complaints.html

[ploddertom]

2 things of note:

1 - looking at the letter posted earlier there is no mention of them claiming to be Bailiffs

2 - they may only visit between 8am & 8pm

[Michelle Ann]

Well, this has had a surprising turn of events. The business owner actually knows a certified bailiff and asked his opinion. Basically, for reasons I don't fully understand, the bailiff was able to stop Davey and Davey acting as he found several points where they had illegally acted and managed to arrange for the business owner to get to court and put a stop to any action pending further investigation and get the ball rolling properly on making HMRC find this missing money.

 

The certified Bailiff stated that the WPO had been illegally obtained and was not correct, the company was not registered to act as a bailiff, even on the phone to the certified bailiff Davey and Davey told him they were a bailiff company and a whole other load of breaches.

 

So, er, interesting. But the upshot is, all action has temporarily ceased.