Collectica Bailiffs, old paid speeding fine, visit turned nasty! - for their FEES only - help please

[BankFodder]

You must report it to the police - but firstly make more than one copy of the video and store the original somewhere safe - and don't let anyone have the original - not even the police. If anyone insists that you let them have the original, you must refuse but say that you will be happy to produce it in court under oath.

 

If you decide at some point to instruct a lawyer then you can let them have the original but you want a proper written receipt for it.

 

After that use one of your copies as a master copy and supply copies of that to police or anyone else who needs one.

 

I suggest that you send an SAR to Collectica. You really need to get all the paperwork on the case to see whether any proper authority had been granted to them to do the collection at all.

 

Do you know the names of the bailiffs? Complain to the court about them - in writing and also to whichever court has certificated them.

 

Take photos of all damage and get your self and your wife to write independent detailed statements of what happened. Keep the originals of these and store them in the same way as the video.

 

It sounds serious enough to go directly for a form 4 - but I would advise against this and instead go for a trespass action against them. Once you have your judgment, then if the judge's comments are scathing enough you will be able to begin a form 4 application to have their certificates removed without any fear of losing.

 

These bailiffs are likely to be slippery and it might be better for you to sue Collectiva directly - or even the court if it can be shown that they were legitimately acting for the court. That would cause a crisis of confidence between Collectiva and their client which is what is needed in order to produce higher standards and great accountability.

 

Any chance you could email us a copy of the video?

[BankFodder]

Also, you should get two independent quotes for the repairs.

 

From what you say it was a shocking situation. If you sue for trespass, I would suggest a claim for the cost of repairs, damages for the trespass and the distress caused up to £5000 and aggravated/punitive damages in the discretion of the court.

[BankFodder]

Did you record the call? If not then that is mistake no.1

 

You must record all calls or else don't bother to do anything on the phone.

 

In any event you must write to them. tell them that their bailiffs trespassed on your home, caused damage and that you have a video recording of the entire incident.

 

Tell them that you require the names of the two bailiffs and details of their certification court involved and that in any event you will be suing them for the trespass to your property and for the damage.

Tell them also that you are making a complaint of criminal damage to the police.

Tell them that if they will not give you the information you require that you will complain to the MOJ - but actually do that anyway.

 

Once again, any chance that you can send us a copy of the video. You can contact us on our admin email address

[BankFodder]

They will get away with everything unless you stand your ground, play hard-ball and do everything quickly and respond quickly.

[BankFodder]

I don't expect that you need to worry about that. If you take firm official action you will be fine.

It would be too obvious and too serious for them to come back and start causing trouble. It would be a shame if you gave in to this kind of treatment because they will just hand it out to others

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/showthread.php?397229-bailiff-visit-turned-nasty!-help-please&p=4289242&viewfull=1#post4289242

[BankFodder]

The police will want to take the video away. You MUST give them a COPY. Have you taken copies?

[BankFodder]

ws71 - you are being asked lots of questions here by people who really do know how to help you if they have the information they are asking for.

So far as I can tell, you are not responding to anyone's questions.

[BankFodder]

I cant see where to email it to? Its a bit temperemental on a phone

 

click the admin link and you will see the email address

[BankFodder]

Just out of interest BF, why sue up to £5000?

 

 

because I am trying to form a realistic view of what it might be worth. I don't expect that it is worth £10k on general damages and also I am trying to discourage a small claims max land-grab.

 

Courts will be more impressed if claimants are steady and moderate and if you also ask for exemplary damages and leave that to the court, then if the judge is angry enough, he/she won't need asking twice to make a useful symbolic award on top of damages.

 

If the judge went ahead and awarded a further £k or two by way of a slap, then I would say that your form 4 application is in the bag

[BankFodder]

Nope, changed to £10k a few months back.

 

But it does worry me that all the advice is claim under this amount to protect the OP from possible costs if their claim is found to spurious. I don't doubt what they say especially if they have the video evidence to back it up but I am still concerned that BF's advice to issue claims for trespass etc could end up costing a Cagger at some point. It's the sort of claim Happy Contrails would advise....

Hmmm - and I thought that I was advising a prudent approach

[BankFodder]

Say everything and be honest. Also be insistent that the damage caused was criminal damage.

The police may try to tell you that once the door is open that a bailiff has a right of entry. This is not correct. Permission to enter can be revoked at any time before a levy has been started.

I think that you need to insist that there was a forced entry, criminal damage and that also money was demanded by the use of violence of threats and was only paid over through fear.

 

The police will probably be reluctant to accept all of this. Stay very calm and very polite but persistent with them.

You must insist that they record your allegations and that they investigate them.

 

Make notes of the meeting. Get details of the identity of the police officer.

[BankFodder]

I don't think that you should make a complaint directly about the police officer. He is only doing his job and the problem is with their training and lack of guidance on bailiff problems. If you complain about the officer they will become defensive and it will be more difficult. You should complain about the refusal to treat your complaint as a crime etc blah blah. Keep it non-personal.

 

As to what to do next, I think that you should now start reading through this thread. Start understanding what has been asked of you and decide whether you want to start responding to questions here.

You will also have to decide whether you are prepared to bring an action for trespass in the county court - because if you aren't then there is nothing anyone can do - including you.

For about the 4th time - it would be helpful to see a copy of the video so that we can advice you as to whether we think that it will be helpful to you in court.

[BankFodder]

The admin address works very well but I'm afraid that we have not received anything

[BankFodder]

OK, got the vids thanks. Attached to an email addressed to admin. It really shouldn't be this difficult.

 

You need to sort out your video technique a bit more but there is enough on it to show that you refused entry and that your closing of the door was obstructed.

 

You can just hear the bailiff saying that you were not entitled to refuse him entry and also you can see that he had his foot in the door.

 

If you refuse the bailiff entry or if he has entered, if you ask him to leave before he has commenced his levy then he must leave and if he refuses to do so then he is a trespasser. If he puts his foot in the door then he is a trespasser. Once he is a trespasser, you can use reasonable force to make him leave. If damage is caused then the bailiff or his employer or the client can be held liable.

 

I haven't been following this thread recently - frankly it was becoming to difficult to get the information which was being asked - but if you want to take an action for trespass in order to get compensation for repairs and also damages for the trespass then I would say that this video gives you a better than 90% chance of success.

 

However, on this evidence alone, it looks like a technical trespass - meaning that I don't see any violence or intentional wrongdoing by the bailiff - simply a man who doesn't know the rules of his job - or else a man who is prepared to ignore them. If you have more serious allegations to make then it would be up to you to convince a judge. However this video is enough to give you a win in court but not enough on its own to attack the bailiff under form 4.

 

I can hear the infant crying in the background. I would say that if the infant has been frightened by the trespasser then you might be able to achieve £500 damages on top of repairs.

Of course if you can convince the judge that it is a more serious case, then your damages will increase

[BankFodder]

By the way, many thanks to IdaInFife for managing to get the vids.

[BankFodder]

By the way, many thanks to IdaInFife for managing to get the vids.

[BankFodder]

The court is at fault here, not collectica, they only enforce warrants on the courts instruction. your complaint is with the court, apart from if their was any form 4 compliant material in the bailiffs behaviour, which given the fact that, as far as collectica are concerned, the warrant was live and active and under the DVCV act and Magistrates court act, forced entry is allowed with a distress warrant.

 

i think you need to pin this one on the court and let the court sort out collectica

 

but its your choice at the end of the day

good luck

I think that you need to focus on Collectiva and the bailiff and inform the MOJ after you get a judgment

 

No, I'd go for both of them and wait and see if Collectica choose to offer that as a defence. You shouldn't be doing your defending for them.

I think that if you get a judgment against Collectiva and/or the bailiff, then you should include it in an official complaint to the court as well as to the MOJ.

 

The court are responsible, of course - but Collectiva is responsible for delivering proper training and maintaining standards and clearly they don't appear to be fully in control of that aspect.