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

[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

[Peterbard]

Judging from a recent, similarly unpleasant case, in which I was directly involved, I think the amount of compensation may vary depending on numerous other factors - the response of the bailiff company to the complaint not being least among them.

 

I am not at liberty to say the amount of compensation awarded in that case, but I think it will be interesting to watch developments before trying too hard to advise the OP on what sort of compensation to seek just yet.

[ws71]

I understand that this is a lot to take in and a lot to remember, but this is all vitally important if you wish to proceed with taking further action. Are you able to email a copy of the recording to Bankfodder?

 

Ive sent a copy ( in two halves) to admin, and will send to bankfodder if I can get the address. Unfortunately the recording isnt as good as id hoped as my Wife had to tend to my Daughter as she was very upset by the scuffle, so a lot of the coverage is sound rather than vision, but you can still hear and see them forcing the door after my Wife tried to close it. Thanks again for everyones help and advise. I will definately do whatever it takes to punish the two bailiffs and Collectica

[HCEOs]

Im on the understanding that you can only claim up to £5000 in a small claims court. Which is a pity really as it should be more with regards to circumstances like this.

 

I think it speaks for itself why the OP should claim up to the £5000.

 

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....

[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

[Peterbard]

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....

 

I agree, and it may well be that with video evidence, the last thing the bailiff company wants is a court case. That is kind of what I was alluding to in post 52. Heaven forbid this goes anywhere near Jason.

[ws71]

Any advice on what to say or not say to the Police tonight please?

[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.

[ws71]

Any advice on what to say or not say to the Police tonight please?

[Peterbard]

Far be it for me to say so, but spot on BF! Nothing like a compliment from someone with only a few posts lol!

[citizenB]

Any advice on what to say or not say to the Police tonight please?

 

ws, did you not see the answer Bankfodder gave you to the same question you asked earlier ? post # 58 advises you what to say.

[ws71]

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.

 

Are you a clairvoyant Bankfodder? Youve just pretty much scripted the whole meeting. The copper pretty much said that this comes under civil law, and not criminal law. Its a joke that bailiffs are allowed to get away with thus type of thing. Complete waste of an hour of our time. Where now then?

[ws71]

ws, did you not see the answer Bankfodder gave you to the same question you asked earlier ? post # 58 advises you what to say.

 

Yeah, sorry. My phone didnt seem to post my initial reply so I posted it again

[ws71]

I actually stated every item that you listed, and none of it made a blind bit of difference

[seanamarts]

This is NOT a civil issue, far from it, this is what I got from the police until I took it further. you now need to contact the inspector and place a complaint.

If you still get no joy from them then you need to contact the IPCC

 

http://www.ipcc.gov.uk/en/Pages/default.aspx

 

The bailiffs overstepped their authority and when they do that it becomes a criminal matter.

[Peterbard]

I assume you are actively pursuing the bailiff company's own complaints procedure while the rest of this goes on?

 

I wish I could say I'm surprised at the response of the police, but I'm not. They are, of course, totally wrong. Did you get their details?

[havinastella]

This is probably why the Crime reported figures are the lowest since the 80's. Amazing that every crime is now not a crime, but a civil problem. When did this Country go so seriously wrong?

[ws71]

I assume you are actively pursuing the bailiff company's own complaints procedure while the rest of this goes on?

 

I wish I could say I'm surprised at the response of the police, but I'm not. They are, of course, totally wrong. Did you get their details?

 

I have the police badge and name, but what's the point if they are refusing to act on my complaint?

[Peterbard]

I have the police badge and name, but what's the point if they are refusing to act on my complaint?

 

You will need it if you want to complain about the police officer. I think the most you will get from this if you really push is recognition it was a crime which will clearly give you more leverage in any complaint to the bailiff company. I'd love you to prove me wrong, but even what I've mentioned could be extremely useful. It is worth pushing the issue.

 

Incidentally, what was the result of you calling the court back today?

[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.

[tomtubby]

From the initial posts, it would seem that the BLAME should be placed at the door of the Magistrates Court and in particular, the Fines Officer.

 

Under the Courts Act 2003 it is the Fines Officer who is permitted to issue a Distress Warrant to a bailiff if there is a default. Fro what you have said, the court made an error and they confirmed this to you.

 

The bailiff is almost certainly in line for complaint and such complaint should be directed at the relevant HMCTS Area Contracts Manager with responsibly for dealing with complaints. HMCTS have appointed various ACM's to different geographical areas of the country. Complaints against the police are not simple matters at all.

[ws71]

As I said, I sent a copy of the video to the admin address and heard nothing. I also askedfor your email address (Bankfodder) so I can send it to you.......?

[BankFodder]

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

[seanamarts]

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.

 

 

I totally agree with you there BF, the fault lies with their training, they need to understand the difference with regards to bailiff matters, where a civil complaint becomes a criminal one hence why I suggested for the OP to contact the inspector and get a complaint in. I should have made myself a little more clearer.

 

My apologies to the OP for confusing the situation.

[unclebulgaria67]

I wonder if someone told the Police that they were going to attend the bailiffs office to enforce a refund for an amount and would use reasonable force to do so, putting their foot in the door, plus kicking at the door if needed. This would be a civil matter and the Police could not do anything, as they have already said this was the case when the bailiffs visited someones private residence and did exactly the same.