Bailiff making threats

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Baracus1690
Posts: 2
Joined: 15 Sep 2016 18:23

#1 Bailiff making threats

Post by Baracus1690 » 16 Sep 2016 13:53

I rent a flat from a private landlord. I have no contact details for the
landlord. I did have a phone number stored in my phone but lost it when
phone died and had to be replaced. Although I have lived in the flat for
over 3 years, the landlord still receives mail here occasionally. She used
to pop round every few months to collect her mail and I never thought twice
about it. In June, a Marstons Enforcement Agent, Mr Cook EA 1294 attended
my address and asked to speak to the landlady M, I was as helpful as
I could be and told them that I was the tenant and that I had no contact
details for M. He asked how I contacted her and I told him that I
didn't. The rent was paid by bank transfer every month. If repairs needed
doing in the flat, I get the repairs done and deduct it from the rent. If
M needs to contact me she will. I informed him that I hadn't heard
from M for several months and the last time that I had spoken to
her, she told me that she was going home to Jamaica for a while. I asked
what they wanted and they said to speak to M. I said that I couldn't
help them. They told me that I needed to contact her because they could
gain entry and remove my goods. I informed them that all the goods in the
property are mine. They said "well we don't know that, do you have a full
inventory of items in the flat?" I said that I have a tenancy agreement for
an unfurnished property, so no goods belong to the landlord. They gave me a
letter to hand to M if I saw her. I still haven't had any contact
with M.
Mr Cook appeared at my door again on 13th September. He said that the
matter still hadn't been resolved. I told him that I haven't heard from
M and didn't pass on the letter he gave me. He asked me for a
contact number or address. I told him that I don't have these. He told me
that I was committing a criminal offence by obstructing him in his duties.
I laughed at him and told him that I wasn't obstructing him and that I would no longer assist
him. I said that there is a huge difference between obstructing and not
assisting. That if someone was pushing their car and I helped push, that
would be assisting. Just standing and watching would be doing nothing and
to stand in their way would be obstructing. He said that unless I give him
total cooperation I was obstructing. At this point I told him to F*** off. He
then told me that I had just committed another criminal offence by swearing
at him. I told him that under article 10 of the Human Rights Act 1998, I had the
right to say whatever I F'ing like in my own F'ing home and if he didn't
like it he should follow my suggestion and F off. He then handed me a
letter. I asked "what's this?" He replied it yours. I tore it in half and
threw it on the floor. He said that's your 3rd offence, criminal damage. I
asked what had I criminally damaged and he replied that it was the letter.
I laughed at him again and told him that he had given it to me, so it was mine and as such I can't
criminally damage my own property. He said that he didn't know that I was
going to rip it up. I again told him to F off. He said that he was going to
get a forced entry warrant and that I should expect a visit from the
police about the offences that I had committed.
I looked at the letter he gave me. It is a final notice. Next to the
client reference written in Mr Cook's handwriting it says "County Court
warrant of control issued as per traffic management act on behalf of
transport for London. It also states that he will return to remove goods
for sale at public auction: one evening this week, one morning this week,
after 7pm today and this weekend.

I contacted Marston's to complain and spoke to a man called Lloyd. Lloyd
informed me that Mr Cook was correct in telling me that I had committed a
criminal offence of obstructing him. That by law, I have to cooperate and
give all the information that they ask for. I told Lloyd that he should
have a brief chat with his supervisor and request retraining. He told me
that I was being rude by suggesting that. He also told me that it is a
criminal debt and they could force entry to enforce it. I also contacted
transport for London but because I have neither the PCN or car
registration, they cannot help. They told me that because the debt was
nothing to do with me that Marston's cannot take my goods. I told them that
bailiffs believe that they are a law unto themselves and that if they broke
into my house and burgled me that I will sue TFL because Marstons are
acting on their behalf.

Mr Cook's leaving words were that he was getting a forced entry warrant
and he left me that letter. I contacted my local Police and have made an
appointment to report Mr Cook for demanding money with menaces. If the
Police refuse to take my complaint seriously, I have every intention of
privately prosecuting Mr Cook.

The advice that I need is:
1) How do I get a copy of the body cam footage.
2) Is an EA lying an offence
3) Can I sue Mr Cook, Marstons and TFL
4) Does he have previous form
5) Is there a court to make a complaint to and get his license revoked.

I would like to cause as much pain and trouble to Mr Cook as possible. I'm
not worried about him returning, I'm an 18 stone front row forward, so he
will not get any joy. He was quick to run away when I approached him but I
am worried that he will bully and intimidate single mums and pensioners.

I look forward to hearing back from you

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Pote Snitkin
The Watcher
Posts: 6646
Joined: 28 Apr 2014 09:43
Location: In your loft, waiting

#2 Re: Bailiff making threats

Post by Pote Snitkin » 16 Sep 2016 15:09

No point in aggravating the matter. The bailiff cannot force entry for a TfL debt - the bailiff knows it but is hoping you don't. You've done nothing wrong, there is no obligation to speak to the bailiff or provide him with information and this will not be deemed obstruction.

The bailiff cannot take your goods, he can only take goods belonging to the debtor - part 10 of schedule 12 of the TCE Act 2007 http://www.legislation.gov.uk/ukpga/2007/15/schedule/12

Don't waste time complaining to the bailiff company, go direct to the creditor (TfL). If he turns up again, whip out your mobile and film him.

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Schedule 12
Posts: 13343
Joined: 30 Jul 2012 21:23
Location: London WC2
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#3 Re: Bailiff making threats

Post by Schedule 12 » 16 Sep 2016 15:29

Baracus1690 wrote: The advice that I need is:
1) How do I get a copy of the body cam footage.
2) Is an EA lying an offence
3) Can I sue Mr Cook, Marstons and TFL
4) Does he have previous form
5) Is there a court to make a complaint to and get his license revoked.
1. Here: http://www.dealingwithbailiffs.co.uk/bodycam.html

2. Yes. Here is how to prosecute him for it. http://www.dealingwithbailiffs.co.uk/ba ... olice.html but bailiffs are usually let off with a caution unless the offence is serious such as violence or sex offences.

3. Yes, yes and yes. All are liable jointly and severally. You bring an action under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

4. You will only find out if the justice of the peace in (2) above decides the bailiff is to answer the information and he pleads NOT guilty or refuses to enter a plea. A CRO number is issued and draws his police record from the Police National Computer.

5. Yes. here it is: http://www.dealingwithbailiffs.co.uk/Ba ... plaint.htm I recommend running the check list first. http://www.dealingwithbailiffs.co.uk/fo ... p?id=42200
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Baracus1690
Posts: 2
Joined: 15 Sep 2016 18:23

#4 Re: Bailiff making threats

Post by Baracus1690 » 16 Sep 2016 16:05

I attended the Police station today but they are very reluctant to do anymore than to call Marstons and "Have a word". The PC's reason was that Mr Cook was only following orders. I said that excuse ended at Nuremberg and not is not accepted. The man knew that the debt has nothing to do with me but continued to make threats and make ridiculous statements that I was acting in a criminal manner.
In reality, how difficult and time consuming is it to prosecute?

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Schedule 12
Posts: 13343
Joined: 30 Jul 2012 21:23
Location: London WC2
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#5 Re: Bailiff making threats

Post by Schedule 12 » 18 Sep 2016 16:37

If the JP says there is a case to answer then all the work is done for you. However, the CPS will expect you to attend as witness (you get minimal costs), and you will have to be briefed by a volunteer adviser at court about the rigours of cross examination.

If the JP says no case to answer, then its game over.

This is why its crucial to get your facts to the case and your evidence expertly put together before putting it before a JP. You only have one shot.

If you want to hit the bailiff in the pocket, then a civil remedy is the only way to go.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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