Bailiff visiting my place of work

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Potts1471
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Joined: 22 May 2017 19:13

#1 Bailiff visiting my place of work

Post by Potts1471 » 22 May 2017 19:25

I received a visit from a Bayliff to my place of work I'm not self employed or do I own a business... it was for council tax arrears from a old property i vacated by my previous partner stayed in ... they sent all demand to my place of work but theses letters where all incorrectly addressed so therefore magistrates costs baylif fees where taken off and the debt returned to the council does a baylif have to give notice prior to a visit as I never received this as they had the wrong address to notify myself but still showed up to my work place they claim the council believed I lived there due my x partner telling them I did but I Didn't I have been offered compensation but the Bayliff was deemed to of acted within the code of conduct please help

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Schedule 12
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#2 Re: Bailiff visiting my place of work

Post by Schedule 12 » 22 May 2017 19:35

There is no code of conduct that is binding on bailiffs. It's a regulated industry.

Paragraph 7(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the debtor must be given notice.

The law, section 7 of the Interpretation Act 1978 says the notice is given if it properly addressed and postage is paid. In your case, it had the wrong address, therefore that is the evidence you were not given notice. Everything that follows is invalid, and any enforcement step taken attracts a liability for the bailiff and council jointly and severally for all damages caused.

That doesn't revoke the council tax liability, but it does revoke the lawfulness of any goods taken and all fees paid. They must pay the replacement cost of the goods and all the fees. That is why regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 says:

  • These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
The action is brought in the small claims court under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
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Author: dealingwithbailiffs.co.uk

Potts1471
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Joined: 22 May 2017 19:13

#3 Re: Bailiff visiting my place of work

Post by Potts1471 » 22 May 2017 19:40

I had a reply back from the ombudsman stating that the baylif company followed the code of conduct this seems odd and they I found that I never suffered exceptional distress to consider raising the compensation offered I find this astonishing

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Schedule 12
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#4 Re: Bailiff visiting my place of work

Post by Schedule 12 » 22 May 2017 19:45

Can you post up the ombudsman's response and your original complaint?

Hide your personal details.

You cannot claim compensation for stress in a Paragraph 66 claim, you have to do it under section 3 of the Protection from Harassment Act 1997, and give evidence the bailiff was not acting lawfully due to breaching one or more provisions in the schedule 12 of the Tribunals Courts and Enforcement Act 2007.

You can do this on the same form N1.
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Author: dealingwithbailiffs.co.uk

Potts1471
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Joined: 22 May 2017 19:13

#5 Re: Bailiff visiting my place of work

Post by Potts1471 » 22 May 2017 20:01

Many thanks fir your reply but I can't seem to copy and paste the response.

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