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Swift Bailiff or collection agent person

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  • Swift Bailiff or collection agent person

    Hi guys hope everyone is well!! I need some advice.

    My brother in law in england has gotten into some hot water and needs to know what to do. I am visiting him at the moment in manchester.

    So his old car got done for not being SORN he sold it to a scrap yard (*2012)

    2013 apparently a fined happened and it went to court and a judgement was set.

    They caught up with him as he moved from the electoral roll. anyway we called we had proof of selling it etc and the DVLA said send the letter to the courts and the courts said to call the DVLA.

    Anyway we got a letter from the DVLA tonight saying its the courts issue.

    So tonight someone from SWIFT showed up suited in gear at 9pm saying the fine has gone up to 550.00 and basically pay up because tomorrow they are coming and will break into the house and take goods. I said the flat isn't his either are the goods. they said oh well. I was told to pay the fine and then argue it and get my money back but frankly I don't trust this action.

    We have been writing letters to and fro from DVLA to court house for 3 months now. We even tried a few months ago repayments with swift and they only would take 63.00 per month. My BIL is on benefits and quite suicidal I am worried for him.


    What can we do?
    Tags: None

  • #2
    Re: Swift Bailiff or collection agent person

    Anyone shed some light? I am started to loose hope and im worried for my BIL.

    Comment


    • #3
      Re: Swift Bailiff or collection agent person

      Unless they have a Warrant of Entry from a court they cannot break in, they can however walk in through an unlocked door (so keep it locked) they are most likely using scare tactics and intimidation to get you to cough up. Do not let them in and keep any vehicles or items of worth that are outside away from the property.

      I am sure someone else will be along shortly to advise further, but I believe that he may be able to do a Statutory Declaration at a court to have the original conviction brought back if he was un aware of it.
      Last edited by DirtySmurf; 8th April 2015, 14:32:PM. Reason: additional information

      Comment


      • #4
        Re: Swift Bailiff or collection agent person

        Originally posted by DirtySmurf View Post
        Unless they have a Warrant of Entry from a court they cannot break in
        DS,
        Unfortunatly, with criminal court fines a Warrant of Entry is not required. The warrant itself provide the bailiff with the POWER to use force to gain entry.

        You are however correct about the statutory declaration.

        Lenon's brother in law needs to find out which court is dealing with this matter and explain to them that he had moved address and had therefore not received the summons etc. The court should readily agree to allow a stat dec to be filed. This needs to be arranged TODAY !!
        Last edited by Milo; 9th April 2015, 23:55:PM.

        Comment


        • #5
          Re: Swift Bailiff or collection agent person

          Surely this would be a magistrates fine, not county nor high court.

          A Warrant of Control does not give a bailiff the right to break open a debtors home or use a locksmith to enter, that power has to be obtained seperately from the court by way of a Warrant of Entry I believe.

          A Warrant of Control gives a bailiff power to use REASONABLE FORCE to enter a premises, nowhere in legislation that I can see does it state they can break entry without permission from the court.

          "Where paragraph 18 or 19 applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised."

          18 - This paragraph applies if these conditions are met—

          (a)the enforcement agent has power to enter the premises under paragraph 14 or 16 or under a warrant under paragraph 15;

          (b)he is acting under an enforcement power conferred by a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 (c. 43) for the recovery of a sum adjudged to be paid by a conviction;

          (c)he is entitled to execute the warrant by virtue of section 125A (civilian enforcement officers) or 125B (approved enforcement agencies) of that Act.

          19 - (1)This paragraph applies if these conditions are met—

          (a)the enforcement agent has power to enter the premises under paragraph 16;

          (b)he reasonably believes that the debtor carries on a trade or business on the premises;

          (c)he is acting under an enforcement power within sub-paragraph (2).

          Please by all means point out any part or other legislation that confirms that a bailiff can break in without having permission from the court to do so, if this was the case I suspect many bailiffs wouldnt even knock, just gain entry and take goods = they get paid regardless

          Comment


          • #6
            Re: Swift Bailiff or collection agent person

            DS

            The debt is indeed for a Magistrate Court fine and accordingly, you need look no further than section 18.

            As stated in para 18 (b) the 'power' (to use reasonable force) is contained by the actual warrant of control itself.

            Despite this HM Courts & Tribunals Service insists that certain safeguards are in place. For instance:

            Forced entry should only be undertaken if the defaulter is present at the property but refuses to grant access to the enforcement agent.

            The enforcement agent should first attempt to seek prior approval from a Court nominated officer before forced entry is undertaken and should outline the reason for forced entry and the method to be used (i.e. the use of locksmith). HOWEVER, if a nominate officer is not available to give approval at the time, then the enforcement agent can proceed to force entry at their own discretion. The EA would however be required to keep a record that contact had been attempted.

            Comment


            • #7
              Re: Swift Bailiff or collection agent person

              Originally posted by Milo View Post
              Despite this HM Courts & Tribunals Service insists that certain safeguards are in place. For instance:

              Forced entry should only be undertaken if the defaulter is present at the property but refuses to grant access to the enforcement agent.

              The enforcement agent should first attempt to seek prior approval from a Court nominated officer before forced entry is undertaken and should outline the reason for forced entry and the method to be used (i.e. the use of locksmith). HOWEVER, if a nominate officer is not available to give approval at the time, then the enforcement agent can proceed to force entry at their own discretion. The EA would however be required to keep a record that contact had been attempted.
              Thank you Milo, could you point me to where it says this in the legislation exactly as I cannot find it. I can find the paragrahs but not this text above. or where it defines what reasonable force is.

              Comment


              • #8
                Re: Swift Bailiff or collection agent person

                Originally posted by DirtySmurf View Post
                Thank you Milo, could you point me to where it says this in the legislation exactly as I cannot find it. I can find the paragrahs but not this text above. or where it defines what reasonable force is.
                The quotes that I made earlier can be found in the revised Forced Entry Protocol issued by HM Courts & Tribunal Service.

                Comment


                • #9
                  Re: Swift Bailiff or collection agent person

                  Originally posted by Lennon View Post


                  They caught up with him as he moved from the electoral roll. anyway we called we had proof of selling it etc and the DVLA said send the letter to the courts and the courts said to call the DVLA.

                  Anyway we got a letter from the DVLA tonight saying its the courts issue.

                  ?
                  The DVLA are correct. A warrant has been issued and the correct course of action is for your BiL to speak (not write) to the Magistrate Court that are dealing with this matter to explain what has happened and they should agree to him filing a statutory declaration. All bailiff enforcement will then cease etc.

                  Comment


                  • #10
                    Re: Swift Bailiff or collection agent person

                    Forced entry by locksmith is not specified as an automatic right on a criminal warrant. Bailiff companies are abusing the legislation by interpreting it that way.

                    Comment


                    • #11
                      Re: Swift Bailiff or collection agent person

                      Originally posted by Milo View Post
                      The quotes that I made earlier can be found in the revised Forced Entry Protocol issued by HM Courts & Tribunal Service.

                      Any link to that anywhere so it can be seen?

                      Comment


                      • #12
                        Re: Swift Bailiff or collection agent person

                        It's probably the 2009 protocols - this was regarding an abomination tacked onto the the Domestic Violence and Crime and Victims Act 2004. However, forced entry is still a very last resort and can only be done if the debtor is present.

                        Possible loophole? If the bailiff's come knocking, simply go out - you're then not 'present'.

                        Here's the 2009 protocols. Not sure of any amended copy. https://www.gov.uk/government/upload...contractor.pdf

                        Comment


                        • #13
                          Re: Swift Bailiff or collection agent person

                          Originally posted by Big Al View Post
                          Here's the 2009 protocols. Not sure of any amended copy. https://www.gov.uk/government/upload...contractor.pdf
                          (1.0) Forced Entry Powers

                          (1.1) This procedure covers the rare instances where the court’s contractor considers using force to gain entry to a defaulter’s property to execute a warrant and must be followed by both courts and their contractors.

                          Within this procedure forced entry means the physical forcing of an external door, window or barrier to gain access without the defaulter’s consent to enforce a magistrates’ court warrant.

                          (1.2) Forced Entry powers are covered in paragraph 6.12 of the Service Specification. Within this procedure document forced entry refers to a circumstance where the defaulter is present in the property but refuses access to the contractors’ bailiff.
                          (3.0) When can this power be used?

                          (3.1) Contractor’s bailiffs have powers to make an arrest if they are executing an arrest warrant. If they are executing a distress warrant they cannot arrest the defendant. Forced entry powers contained in the DVCV Act, 2004 may be used:
                          a) to the extent that is reasonably required for that purpose
                          b) if the enforcement officer has reasonable grounds for believing that the offender is on the premises

                          (3.2) More detail is provided on the reasonableness tests below. Advice on this matter can also be found in the Authorised Enforcement Agents Information Sheets (Crib Sheets) available at each court.
                          so ... does that mean they have to know for a fact that they can "levy distress" to the amount on the warrant?

                          (4.0) The Reasonableness Test

                          (4.1) The power to force entry may be used only to the extent that it is reasonably required for that purpose. In practice this means that the contractor’s bailiff must hold a suspicion, based on fact, information and/or intelligence, and, not on the basis of a hunch or curiosity, that by forcing entry they will be able to execute a magistrates’ court warrant.

                          ........

                          (4.3) Contractor’s bailiffs also have power to use forced entry to levy distress. As with arrest this should only be undertaken to the extent that it is reasonable to do so. This will usually be when all other means to execute a warrant have failed. Access can be gained through the use of a locksmith but only as a last resort.
                          (5.0) What does the contractor have to do before using forced entry powers?

                          (5.1) Legally the contractor does not require court approval prior to utilising the above statutory powers.

                          (5.2) However, no forced entry to arrest or levy against the defaulter should be attempted without first attempting to seek the prior approval of the court Nominated Officer, although responsibility for the actual forced entry will remain with the contractor.

                          (5.3) Before approval can be given the contractor’s bailiff/Manager must contact the Nominated Officer explaining their reasons to use forced entry and the method to be used i.e. use of a locksmith. This should be short and to the point. Once considered and if approved a written record must be maintained. This can be recorded at the earliest opportunity following the forced entry incident.

                          (5.4) Where approval is withheld further dialogue should be undertaken to agree a suitable way forward.

                          (5.5) If the Court Nominated officer or any deputy is not available to give approval at the relevant time, then the contractor may proceed to use the powers of entry at their own discretion.

                          (5.6) A record that contact was attempted with the Nominated Officer, including date & time, must be endorsed in the contractor’s database.
                          and that they should get permission first (if at all possible)?
                          Debt is like any other trap, easy enough to get into, but hard enough to get out of.

                          It doesn't matter where your journey begins, so long as you begin it...

                          recte agens confido

                          ~~~~~

                          Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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                          But please include a link to your thread so I know who you are.

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                          Comment


                          • #14
                            Re: Swift Bailiff or collection agent person

                            There is an updated version that I received last year. Can't remember all the details as it is on pooter at home, will not be back for another 2 weeks yet as enjoying the sunshine & sangria. Milo is the best one to advise on this.

                            Comment


                            • #15
                              Re: Swift Bailiff or collection agent person

                              Originally posted by Kati View Post
                              and that they should get permission first (if at all possible)?
                              It was stated in Hansard in 2010 that permission from the manager and courts must be gained before entry. This is at odds with the protocol that give the bailiff discretion.

                              Lord McNally stated:

                              The procedure specifies the line of communication between the bailiff, their manager, and a nominated officer at the court that must take place before the use of forced entry is approved. This ensures that all relevant and current information regarding the defaulter can be considered before any action is taken.
                              http://www.publications.parliament.u...00616w0002.htm

                              Comment

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