Bailiffs damage to car when getting to another car

Kimkardashian

Hello,

I'm writing this on behalf of a friend as he doesn't know what to do.
His mothers car was (unlawfully) seized by bailiffs, they are currently dealing with that, however they moved my friend's car out of the drive in order to seize his mums car.
In doing this, they have damaged the engine by breaking an axle (I'm not very mechanical) as they weren't particularly careful and its caused an oil problem which has rendered his car beyond repair.
He has contacted his insurance company who have suggested he pursue the bailiff company for damages. What should he do?
He's a student who needs his car to get to uni and he hasn't got much money to fix it to the extent it needs fixing.

I'm hoping you're able to help!
Thanks

HappyMJ

I'd be reporting the damage to the police as malicious then pursuing the bailiff company.

neilmcl

Kimkardashian wrote: »

He has contacted his insurance company who have suggested he pursue the bailiff company for damages. What should he do?

Follow their advice!

bigjl

Malicious?

Sod that.

It's criminal damage end of story.

A bailiff can't touch something not belonging to the debtor.

Unfortunately the dodgy characters that were once involved in clamping on private land have now moving into bailiff type work.

There is a website, I think it's Dealingwithbailiffs, that might have advice for you.

First step is to photograph everything to preserve evidence and make a report to the Police for Criminal Damage.

Kimkardashian

I've just realised I forgot to mention it was Jacobs Bailiffs - in my research I've seen they're somewhat crooked...

pappa_golf

Kimkardashian wrote: »

I've just realised I forgot to mention it was Jacobs Bailiffs - in my research I've seen they're somewhat crooked...

never ,,,,,,,,,,,,,,,,,,,,,,

Silver-Surfer_2

bigjl wrote: »

Malicious?

Sod that.

It's criminal damage end of story.

A bailiff can't touch something not belonging to the debtor.

Unfortunately the dodgy characters that were once involved in clamping on private land have now moving into bailiff type work.

There is a website, I think it's Dealingwithbailiffs, that might have advice for you.

First step is to photograph everything to preserve evidence and make a report to the Police for Criminal Damage.

Is it?

Have they intended to cause damage? I doubt it.
Were they reckless? Who knows, you'd need to know who it was moved and should they be aware damage could be caused.

You need one of the above elements for Criminal Damage and I don't think they're there.

You also need to show they didn't have a lawful excuse and from what the OP has posted who can tell.

Probably civil and not criminal from what's been posted so far.

bigjl

They have picked up somebodies possession without permission and moved it causing damage.

A Bailiff can only act within the law.

If they damaged the car they were actually allowed to remove it might be different.

Unless they had a court order authorising removal of the car mentioned by the OP to get to the car they came to take then how can it not be Criminal Damage.

A quick definition of Criminal Damage, though as you have intimated previously you were or are a serving Police Officer I should not really have to quote it for you.


"DEFINITION - LEGAL: DESTROYING OR DAMAGING PROPERTY. CRIMINAL DAMAGE ACT 1971 SEC 1. (1) “A person who without lawful excuse destroys or damages any property belonging to another. intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged …”."


I would expect that you are also aware that simply smearing something, such as faeces on the wall of a cell could be considered criminal damage? Damage doesn't have to permanent.

Silver-Surfer_2

bigjl wrote: »

They have picked up somebodies possession without permission and moved it causing damage.

A Bailiff can only act within the law.

If they damaged the car they were actually allowed to remove it might be different.

Unless they had a court order authorising removal of the car mentioned by the OP to get to the car they came to take then how can it not be Criminal Damage.

A quick definition of Criminal Damage, though as you have intimated previously you were or are a serving Police Officer I should not really have to quote it for you.


"DEFINITION - LEGAL: DESTROYING OR DAMAGING PROPERTY. CRIMINAL DAMAGE ACT 1971 SEC 1. (1) “A person who without lawful excuse destroys or damages any property belonging to another. intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged …”."

They've gone to seize a car and had to move another to get to it. That's a lawful excuse, until we know more about the alleged unlawful seizure.

You also need the intent to damage it or a reckless act and from what's posted its just not there.

Silver-Surfer_2

bigjl wrote: »

They have picked up somebodies possession without permission and moved it causing damage.

A Bailiff can only act within the law.

If they damaged the car they were actually allowed to remove it might be different.

Unless they had a court order authorising removal of the car mentioned by the OP to get to the car they came to take then how can it not be Criminal Damage.

A quick definition of Criminal Damage, though as you have intimated previously you were or are a serving Police Officer I should not really have to quote it for you.


"DEFINITION - LEGAL: DESTROYING OR DAMAGING PROPERTY. CRIMINAL DAMAGE ACT 1971 SEC 1. (1) “A person who without lawful excuse destroys or damages any property belonging to another. intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged …”."


I would expect that you are also aware that simply smearing something, such as faeces on the wall of a cell could be considered criminal damage? Damage doesn't have to permanent.

I'm well aware of the act, but you like to edit things when people are replying.

Show me where the OP has evidenced to bold and I'll happily agree with you. But until that happens it's not Criminal Damage.

dlm

Firstly they should report to Police within 7 days as you would with a vehicle accident. This puts the owner in the right position to go further.

The bailiff company must be notified, along with the court sheriff (in charge of bailiffs) at the cuort issueing the proceedings. Also notify insurers. Treat as a hit and run if they refuse to give details. Police may treat it that way anyway if no report was made to them.