Saffronflowers takes on the Bailiffs Diary

saffronflowers · 10 May 2007 at 12:03PM

To cut a long story short, I have been able to prove that the bailiffs involved in collecting my outstanding council tax, have committed fraud.

I never received a single notification through my door of any of the charges that they made. Sent a letter asking for copies of the paperwork, times, etc.

Received a letter back stating a Levy Fee on 07/02/07 with a vehicle registration number for a car that was disposed of by a DVLA approved scrap yard on the 29.01.07!!!!!!!

In discussion with my husband last night, I can without doubt get my money back - £200 would be nice - however, I have decided to try and prosecute them under the Fraud Act 2006. See this extract:

Lord Lucas (Conservative)
asked Her Majesty's Government:

Whether a BAILIFF who repeatedly charges for work that has not been done commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter.

Baroness Scotland of Asthal (Minister of State, Home Office

A BAILIFF or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 1 of the 2006 Act contains the new general offence of fraud.

One means by which this offence can be committed is set out in Section 2, on fraud by false representation. This section applies where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss.

It is also possible that, where a BAILIFF repeatedly charges for work that has not been done, this conduct will amount to fraudulent trading either under Section 9 of the 2006 Act or under the provisions on fraudulent trading in company legislation.

I would have prefered not to have to deal with the police so soon, but deep down I have a chance to expose what these people do, and recourse for their actions.

I am keeping this diary really just for myself, to write my thoughts or rant so please don't feel obliged to read it.

SFx

Crown · 10 May 2007 at 12:07PM

Good Look SF,

I wish more people would stand up for themselves. I remember myself being fearful of the banks but no more. In the 3 years I have been here I have learnt so much about my legal rights and now the tables seem to have been turned as I normally am quoting the law to them and sending threatening letters about me taking THEM to court.

Look forward to reading this with interest.

elantan · 10 May 2007 at 12:14PM

oh sf this is gonna be interesting good luck and i will try my hardest (probably will loose the diary at one point though i seem to never be able to find them when i want them) to keep updated with your progress

Skint_Catt · 10 May 2007 at 12:17PM

Good luck! I'll be glad to see them prosecuted!

gastfo · 10 May 2007 at 12:19PM

Knowing your rights is paramount to being able to make free choices and judgement. Sadly most people act in FEAR: False Evidence Appearing Real believing and accepting anything told us by any type of authority.

Questioning this has and will always be feared by such self claimed authority and should you be open to an alternative possibility of truth, learn what you can do as an individual and not be governed.

Have a look at the Link in my sig and should you wish more knowledge about
The Fictions of Freedom, do ask.

misspoppy · 10 May 2007 at 12:20PM

good luck they are right out of order.

amani_2 · 10 May 2007 at 1:04PM

GOOD LUCK SF This will be a very interesting read.

saffronflowers · 11 May 2007 at 8:13AM

Morning all, I spent a lot of last night wondering about what I am doing. Today I should get a lot of infomation to collate together for the police, a lot will depend on whether they will prosecute or not. I did not know that you can commit a criminal offence and if it was not in your local constabularies policy they choose not to proceed!!!!!

I also thought when I have my meeting with the council that they instigate the post of "Bailiff Liason Officer" someone dedicated to following up complaints that is independant to all parties.

Press interest is growing however am unsure at what point to use this part of the strategy.

Anyways when I have some time I will post the full story up till now.

SFx

saver_sam · 11 May 2007 at 10:25AM

If it has not already been mentioned you might also want to confirm that the person who called to collect the council tax really is a certificated bailiff, as only those who are certificated in the county court can do so.

I know uncertificated bailiffs go out and do these calls as a friend of my OH had the misfortune to be called on recently for council tax arrears and with a silly remark by the agent on the door and a check with the relevant court it was discovered that he was applying for his 1st certificate in a few weeks time! So by calling and getting a walking possession order he acted illegally. Still we got any charges back as we blasted the company he was from.

This check can be done by phoning 0207 210 0516 and giving the Bailiffs name and Company they work for.

Once you know that he is Certificated, then you can download the Complaints form at http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf
fill it in and send it to the court.

If he's not then perhaps PM me and I'll have a word with my OH as he knows the right people to ask.

And do rant, you are entitled to; these people need to get their acts together and stop acting irresponsibily.

PS when was that speech made in Parliament?

immoral_angeluk · 11 May 2007 at 10:57AM

Just want to say good luck SF and we're all backing you!

hypno06 · 11 May 2007 at 11:57AM

Good luck SF, I hope you get the response you are after x

Saffronflowers takes on the Bailiffs Diary

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