Enforcement Officer - Need Advice!

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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DennisD
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#1 Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 10:12

Hello,

My partner has been issued with a warrant due to unpaid TV license that's going back some years now. It's got to the point where the bailiffs will be collecting items from my property even though we tried to setup a payment plan. So here is where i need some advice;

Most of the items in the house PC, TV etc etc were purchased by me not my partner and in no way are they jointly used (all me). However, i accumulated these items over a number of years and some invoices have gone. The only evidence i can show is my purchase history on the internet connected with my name.

any answers well come

thanks

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jasonDWB
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#2 Re: Enforcement Officer - Need Advice!

Post by jasonDWB » 04 May 2017 10:38

At what point did you learn of the conviction? Was it after the conviction itself?

This is important.
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DennisD
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#3 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 11:12

jasonDWB wrote:
04 May 2017 10:38
At what point did you learn of the conviction? Was it after the conviction itself?

This is important.
Here it is in a nutshell; My partner is disabled and has mental problems - she was sent a letter about two months ago asking for the sum of £300 but because we are on benefits and i'm her carer it was next to impossible pay what they were asking. So, the situation escalated about 5 days ago when an enforcement officer contacted my partner and demand £600 (fees added on top) over two weeks. This was just not possible but my partner agreed because she was put under enormous pressure by the agent.

Anyway, my partner missed the first payment, which was inevitably going to happen anyway, and the enforcement person started threatening my with a collection warrant. Now, i tried my best to negotiate with the officer but due to the missed payment he does not trust me to compromise a solution.

The problem here is i was not present during the times my partner spoke to this person (she is very vulnerable) and he didn't show any understanding under the circumstances.

Last phone call was him issuing a warrant and locksmith.

DennisD
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#4 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 11:47

update: sorry the conviction has been on going last 5 years. Only recently it has escalated.

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jasonDWB
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#5 Re: Enforcement Officer - Need Advice!

Post by jasonDWB » 04 May 2017 13:35

I need you to answer the question.

At what point did you learn about THIS conviction the bailiff is enforcing.
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DennisD
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#6 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 13:44

jasonDWB wrote:
04 May 2017 13:35
I need you to answer the question.

At what point did you learn about THIS conviction the bailiff is enforcing.
Sorry, 28/02/2017

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jasonDWB
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#7 Re: Enforcement Officer - Need Advice!

Post by jasonDWB » 04 May 2017 14:10

And what is the date of the conviction?
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#8 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 14:22

jasonDWB wrote:
04 May 2017 14:10
And what is the date of the conviction?
Bailiff enforced it last thursday

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#9 Re: Enforcement Officer - Need Advice!

Post by jasonDWB » 04 May 2017 14:26

What is the DATE of the CONVICTION. What date did the court find you guilty?
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DennisD
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#10 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 14:27

jasonDWB wrote:
04 May 2017 14:10
And what is the date of the conviction?
Going back to around four is five years ago. It was been paid out if her income support. Which stopped been paid to her.

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#11 Re: Enforcement Officer - Need Advice!

Post by jasonDWB » 04 May 2017 14:40

You were convicted around four or five years ago, but you learned of it on 28/02/2017. Is that correct?
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#12 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 14:46

jasonDWB wrote:
04 May 2017 14:40
You were convicted around four or five years ago, but you learned of it on 28/02/2017. Is that correct?
Just trying to translate from my partner - the fine was about 4 or 5 years ago and because it was not paid the enforcement letter was issued on 28/2. We were aware of the fine during that time.

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#13 Re: Enforcement Officer - Need Advice!

Post by jasonDWB » 04 May 2017 14:59

Okay, lets try this another way... Which of the following statements is true? A or B?

  • A. Your partner became aware of the conviction AFTER your partner was convicted

    B. Your partner was aware of the proceedings BEFORE your partner was convicted?


A or B.
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DennisD
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#14 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 15:00

B

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jasonDWB
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#15 Re: Enforcement Officer - Need Advice!

Post by jasonDWB » 04 May 2017 15:04

You are not liable for your partner's debts.

Bailiffs can only take control of the goods belonging to the debtor. You must show the goods are yours and you can do that by making a sworn affidavit. That creates a liability on the bailiff if he goes behind it and takes control of your goods.

When the bailiff returns, keep the door locked shut, get everything on video and hand a copy to the bailiff through a window.

Here are some further steps to protect yourself: http://www.dealingwithbailiffs.co.uk/Ex ... liffs.html

You can also consider paying the fine direct and ending the enforcement power. http://www.dealingwithbailiffs.co.uk/St ... -Fines.htm

You might be in what is called a "vulnerable household" for the purpose of civil enforcement. The law is Regulation 10(1) of the Taking Control of Goods Regulations 2013 which says bailiffs may not carry out enforcement (take control of goods) in the presence of vulnerable persons, and paragraphs 30 and 70 to 78 of the Taking Control of Goods: National Standards 2014 provides a definition of what a vulnerable person is. This article explains what you can do to stop enforcement action.

Bailiffs are under a belief they have discretion to decide whether a person is vulnerable for the purpose of civil enforcement. There is no such regulation that provides for this, the rules say the bailiff must withdraw from the property to enable the debtor to seek advice. If a medical condition exists then unless the bailiff is a medical doctor having permission to examine you, then they are unqualified to make any decision on vulnerability.
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DennisD
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#16 Re: Enforcement Officer - Need Advice!

Post by DennisD » 04 May 2017 15:05

jasonDWB wrote:
04 May 2017 15:04
You are not liable for your partner's debts. Bailiffs can only take control of the goods belonging to the debtor. You must show the goods are yours and you can do that by making a sworn affidavit. That creates a liability on the bailiff if he goes behind it the takes control of your goods.

When the bailiff returns, keep the door locked shut, get everything on video and hand a copy to the bailiff through a window.
Thanks for your patience

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