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I am a victim of police & Bailiff actions

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  • I am a victim of police & Bailiff actions

    Hi everybody. I am in a right to and eight.

    I had paid my court fine off in full but the Bailiffs turned up wanting there fee with a distress warrant. So much to tell you all as I feel that every rule in the book has been broken by both the Police and the Bailiffs. I am in dire need of assistance.
    Tags: None

  • #2
    Re: I am a victim of police & Bailiff actions

    Did you pay before or after the court sent a Further Steps Notice if after was it later than the time allowed?

    Comment


    • #3
      Re: I am a victim of police & Bailiff actions

      Originally posted by inneedofhelp View Post
      Hi everybody. I am in a right to and eight.

      I had paid my court fine off in full but the Bailiffs turned up wanting there fee with a distress warrant. So much to tell you all as I feel that every rule in the book has been broken by both the Police and the Bailiffs. I am in dire need of assistance.
      Start at the beginning as otherwise we can only guess at what may or may not have happened.

      Comment


      • #4
        Re: I am a victim of police & Bailiff actions

        Hello ploddertom and thank you for reading my post.

        I had faulted on my last payment to the fines office for a petty amount of under £15. So. On the 7 Jan 14. I finalised all payments to the court for which I was adjudged to pay. HMC placed a distress warrant out to the bailiff on the 19 Dec 13. 21 days after paying my final payment the bailiffs turned up at my door with the said warrant for the outstanding amount of fines. Told them it had been paid in full and I asked to see the paper work but was declined with the bailiff saying that there was also a warrant for my arrest. To which I called the Police to attend. I was placed under arrest by the officer for breach of the peace. The Bailiff showed the officer an electronic letter stating he had the power to collect the fine to which I said there was no fine to be paid as it had been all paid up. Also showed the constable a letter confirming the fine had been paid in full. I asked the bailiff to withdraw from my home and cease actions. But instead the Police assisted the bailiff in obtaining access. Even though I had asked them not too allow them entry. It seems that the document shown was not in fact updated by the courts after my payment was made rendering the distress warrant null and void.

        There is more but I think this would be enough info for now.

        I have made an official complaint to the Police and the HMC.

        I am lost and I have been done like a kipper by the lies told too the Police with the bailiff using a distress warrant with the wrong details and an amount of what I was adjudged to have been made to pay the courts.

        Basically I had to hand over £300 for my release and for them to withdraw. There was no distress warrant in force and the HMC failed in notifying the bailiff that the warrant had died.

        Comment


        • #5
          Re: I am a victim of police & Bailiff actions

          Okay. A few questions -

          Have you checked with the court as to -

          1. when they issued the distress warrant to the bailiff company?
          2. when they informed the bailiff company that the fine had been paid?
          3. whether the court recalled the distress warrant and when?
          4. whether the court issued a warrant for your arrest and when?

          The other questions I ask are -

          5. Did you receive a Further Steps Notice from the court and settle the fine within the time-limit stipulated thereon?
          6. Did you receive a letter from the bailiff company prior to the bailiff turning up at your home?
          7. What did you did for the police officer to justify arresting you for a Breach of the Peace?
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: I am a victim of police & Bailiff actions

            1. when they issued the distress warrant to the bailiff company?
            A. 19 Dec 13
            2. when they informed the bailiff company that the fine had been paid?
            A. Never.
            3. whether the court recalled the distress warrant and when?
            A. No.
            4. whether the court issued a warrant for your arrest and when?
            A. Bailiff said he had a warrant for arrest.
            The other questions I ask are -

            5. Did you receive a Further Steps Notice from the court and settle the fine within the time-limit stipulated thereon?
            A. Yes.
            6. Did you receive a letter from the bailiff company prior to the bailiff turning up at your home?
            A. No.

            7. What did you did for the police officer to justify arresting you for a Breach of the Peace?
            A. Not allowing Bailiff access to property and requesting he leave. Placed under arrest and restrained to enable Bailiff entry to property to either take possession's or hand over £300 for my release.



            Comment


            • #7
              Re: I am a victim of police & Bailiff actions

              Originally posted by inneedofhelp View Post
              1. when they issued the distress warrant to the bailiff company?
              A. 19 Dec 13
              2. when they informed the bailiff company that the fine had been paid?
              A. Never. You need to get the court to confirm whether they informed the bailiff company the fine had been paid in full in writing
              3. whether the court recalled the distress warrant and when?
              A. No. Again, they need to explain why they did not recall the warrant or suspend it.
              4. whether the court issued a warrant for your arrest and when?
              A. Bailiff said he had a warrant for arrest. Ask the court to confirm this in writing

              The other questions I ask are -


              5. Did you receive a Further Steps Notice from the court and settle the fine within the time-limit stipulated thereon?
              A. Yes. Did you contact the court within the 10 days allowed to make arrangements to clear the outstanding amount?
              6. Did you receive a letter from the bailiff company prior to the bailiff turning up at your home?
              A. No.
              You should have received a letter.
              7. What did you did for the police officer to justify arresting you for a Breach of the Peace?
              A. Not allowing Bailiff access to property and requesting he leave. Placed under arrest and restrained to enable Bailiff entry to property to either take possession's or hand over £300 for my release. The police officer has acted unlawfully. This needs to be pursued with the Chief Constable for the force involved. Which bailiff company and police force are involved, please?
              Responses in red text.
              Life is a journey on which we all travel, sometimes together, but never alone.

              Comment


              • #8
                Re: I am a victim of police & Bailiff actions

                Thank you Bluebottle for your speedy response.

                In answer to Q5... I had made an arrangement to pay off remaining fine in two amounts. I faulted on the very last payment due to other commitments. I honestly didn't think much of it as it was the final payment. I held over too the new year and my next visit to my PO and my next benefit payment which I made promptly on 7 Jan 14. I never made any further contact with the fines Dep prior to making my last and final payment.

                I have made a formal complaint to the Police on Friday last. An Inspector took my statement.To be sent to the IPCC. But I was also told as it is a civil matter not much can be done in respect of officers acting on the said warrant.

                Comment


                • #9
                  Re: I am a victim of police & Bailiff actions

                  Originally posted by inneedofhelp View Post
                  Thank you Bluebottle for your speedy response.

                  In answer to Q5... I had made an arrangement to pay off remaining fine in two amounts. I faulted on the very last payment due to other commitments. I honestly didn't think much of it as it was the final payment. I held over too the new year and my next visit to my PO and my next benefit payment which I made promptly on 7 Jan 14. I never made any further contact with the fines Dep prior to making my last and final payment. That was your mistake. If you had told the court of your financial position, they could have made adjustments that would have avoided them involving bailiffs.

                  I have made a formal complaint to the Police on Friday last. An Inspector took my statement.To be sent to the IPCC. But I was also told as it is a civil matter not much can be done in respect of officers acting on the said warrant. If it is going to the IPCC, then the police force involved have their doubts as to the lawfulness of the police officer's actions. Something that will make them focus is a recent case that came up on Legal Beagles where 11 officers from Northumbria Police were reprimanded for doing something similar. Speaking as a retired police officer, I can assure you the officer in your case has acted unlawfully. Refusing to allow a bailiff entry and/or asking them to leave is not a Breach of the Peace. In my experience and opinion, the officer had no grounds for arrest and may have committed an offence at law by doing so, most probably, Common Assault.
                  Responses in red text. Could you please post up the name of the bailiff company and police force involved.
                  Life is a journey on which we all travel, sometimes together, but never alone.

                  Comment


                  • #10
                    Re: I am a victim of police & Bailiff actions

                    I realise my mistake and should have at the time made contact with HMC... In all honesty I never in a million years had thought that they would use a bailiff Co to collect the final payment. Which was under £15.

                    The firm used was 'Excel'

                    South Wales Police.

                    They stood by the bailiff at all times even though I had mentioned to all officers... 3 in all... the fine was paid and showed all my receipts and a letter from HMC that the fine was paid in full... all they were here for was their money and nothing else. I was and still am 100% sure I was in the right for refusing them entry. It was I that involved the Police as soon as they mentioned 'Warrant for arrest' The Police a Sgt at most took the side of the bailiff, showed him an electronic mail/letter stating I had owed an amount outstanding. I Have never seen said letter even though the Inspector has said that the letter shown to officers had an amount of which they were here to collect. The inspector had however seen said letter but also refused me to see it and said I would have to write to HMC or who ever to allow me the right to read what was in this so called letter they had in their possession.

                    Comment


                    • #11
                      Re: I am a victim of police & Bailiff actions

                      What the bailiff had with them was the minimum information required, by law, to levy distress. However, you do need to contact the court concerned and obtain answers to the questions I have suggested. Only then will you know whether the police and bailiff acted lawfully or not. It will also highlight any failure on the part of HMCTS to follow correct procedures.
                      Life is a journey on which we all travel, sometimes together, but never alone.

                      Comment


                      • #12
                        Re: I am a victim of police & Bailiff actions

                        Once again. Thank you Bluebottle. I shall follow your suggestions first thing Monday.

                        One more thing... Do I write or phone asking for this info?

                        Comment


                        • #13
                          Re: I am a victim of police & Bailiff actions

                          Originally posted by inneedofhelp View Post
                          Once again. Thank you Bluebottle. I shall follow your suggestions first thing Monday.

                          One more thing... Do I write or phone asking for this info?
                          I would suggest phoning and speaking to the Court Manager. Explain the situation and the information you require. They will either make an appointment for you to attend and provide information that way or may even offer to post it to you. Speak to the Court Manager and take it from there.

                          However, my gut-feeling is that if no arrest warrant had been issued, the bailiff lied and the police officers, being ill-trained in bailiff law, took what the bailiff said at face value. However, they should have asked to see proof. noy behaved like muppets. Any information from the court confirming the non-existence of an arrest warrant should be sent to South Wales Police Professional Standards Department and the IPCC. Failure to make proper checks may put the actions of the police officers involved in a different light and result in a rapid change of attitude on the part of South Wales Police.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #14
                            Re: I am a victim of police & Bailiff actions

                            OK Bluebottle thank you very much.

                            Will update ASAP.

                            Comment


                            • #15
                              Re: I am a victim of police & Bailiff actions

                              When you have the necessary information, post it up and I will then compare the police officers' actions against Schedule 3, Police (Conduct) Regulations 2012-2013. If it does transpire the bailiff lied and the police officers acted wrongfully, then the matter will, obviously, need to be looked at in a different light.
                              Life is a journey on which we all travel, sometimes together, but never alone.

                              Comment

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