The Powers of a Bailiff

New Amazon Short – From John Galt

“Help, a bailiff is after me!” – A handbook giving you a clear blueprint for dealing with the bailiff – Click the picture below to purchase your copy for just £1

Don't be frightened of the bailiff

 

If the bailiff gains entry peaceably on his first visit, he is allowed to come back at any time later, then force his way in to collect your items during later visits. So if you let him in, you may as well say goodbye to your possessions.

The moral of this story? DON’T LET HIM IN!

 

If a bailiff is demanding money from you, then help is at hand!

The Tribunals, Courts and Enforcement Act 2007 (Schedule 12) section 68 says:

(1) A person is guilty of an offence if he intentionally obstructs a person lawfully acting as an enforcement agent.

(2) A person is guilty of an offence if he intentionally interferes with controlled goods without lawful excuse.

(3) A person guilty of an offence under this paragraph is liable on summary conviction to—

(a) imprisonment for a term not exceeding 51 weeks, or

(b) a fine not exceeding level 4 on the standard scale, or

(c) both.

Q: Does that means you can’t challenge a bailiff in any way, shape or form?

A: Not necessarily!

I understand how distressing a visit from a bailiff can be and how frightened, confused and angry it can make you. When bailiffs come to your door demanding immediate full payment for parking, Congestion Charge, council tax or County Court Judgments, you need accurate, independent, non-biased information and assistance straightaway. You also need to know where the bailiff’s powers start and end.

If a bailiff is knocking on your door and demanding money then I can help if the demand is for:

 

Note, I do NOT provide help, information or advice on the following:

  • Magistrates court fines (eg no car tax, speeding, no insurance, no TV licence, D&D, etc)
  • Water / gas / electricity
  • Child Support Agency
  • Business Rates
  • Rent
  • Catalogues

 

Evidence from local Citizens Advice Bureaux shows that many private bailiffs already act almost as a law unto themselves, with devastating effects on people’s lives. Intimidation, harassment and excessive fee charging by bailiffs are commonplace, driving already vulnerable people deeper into poverty and debt.

An analysis of 500 case reports from Citizens Advice Bureaux in England and Wales since October 2006 found that:

  • 64% of bailiffs were guilty of harrassment or intimidation
  • 40% misrepresented their powers of entry
  • 25% threatened debtors with imprisonment
  • 42% charged excessive fees

 

To get immediate help with your bailiff problem call John Galt on 07909 588 519

 

If you’ve just been visited or called by a bailiff, you need affordable, professional help so that you can resolve the matter quickly and effectively by ensuring that the bailiff’s actions and charges are lawful, justifiable and proportionate.

Many times and in many cases, I have found exemptions and unlawful, unjustifiable and disproportionate charging by bailiffs threatening to remove your goods. There are many exemptions making bailiff action inappropriate.

A few examples are:

  • You need your essential items returned so that you can continue to trade.
  • You have no capacity to pay due to being on state benefits.
  • You are too ill, infirm or incapacitated to go about your daily business.
  • You are on certain medication
  • The items that have been taken away or disabled were not yours.

 

Before you pay the bailiff, call me first!  I’ve been where you are now and I can help you.

 

My name is John Galt and the buck stops with me. My mobile number is 07909 588 519. I’m personally responsible and accountable for running this business. I’ve been where you are now and I can help you.

I don’t aspire or pretend to be a solicitor, a barrister or any kind of legal representative and I don’t go to court for you. I’m just an average Joe who has been hammered by bailiffs in the past. I learned everything I could by reading and researching bailiff law, sitting in on court cases and I’ve even spent time with bailiffs actually on the job, i.e. going with them to see what they do and how they do it.  I know what goes on in bailiffs’ heads, what drives them and what motivates them. I also know what goes on in defaulter’s heads, what drives them and what motivates them.

This width and depth of my experience enables me to be an experienced, competent consultant to you for all your bailiff problems.

 

My once only fee

My fee for bailiff mediation is a once-only £125 regardless of how much work needs to be done (no VAT is chargeable). If your case later becomes an official court complaint and you are subsequently awarded financial damages by a judge, you keep all of it – I don’t want a cut.

By paying me £125, you get the services of an experienced specialist, an expert who takes personal pride in his success rate and who takes immediate action at all hours of the day and at any day of the week. I’m not kidding, you hire me at 8pm, you’ll have the work done by 10pm. Once I’ve been paid, I couldn’t give a monkey’s about Sundays or bank holidays – I just do the work.

I am so confident about my ability that I offer a money-back guarantee: If I can’t reduce your bailiff bill by more than my fee to you, then I will refund you the money you paid me – as long as you haven’t lied to me about your situation.

To get immediate help with your bailiff problem call John Galt on 07909 588 519

 

My “Can’t Lose” Guarantee To You

Because of my high success rate, I’m able to offer this money-back guarantee: “If I can’t reduce your bailiff bill by more than my fee to you, then I will refund your money” (as long as you haven’t lied to me about your situation).

If it works out, you’ll have no bailiff in your life. If it doesn’t work out, I’ll refund you.

As there’s no risk for you, why not pick up the phone and call me for a free, no-obligation chat?

We will discuss where you stand now, what options are open to you and whether there are grounds for cancelling the warrant.

Let me get matters to a satisfactory conclusion for you, allowing you to carry on with your normal day-to-day life.

From my first-hand personal experience, I fully understand the procedure within bailiff enforcement firms and also the anxiety, worry and stress that being visited by a bailiff can place on members of the public and their families.

This enables me to give you the most informed specialised knowledge possible within this field. I am not purporting to be a solicitor or any other type of lawyer; I am a specialist consultant who will provide you with a premium-grade, start-to-finish service at a fixed price, no matter how much work I may need to do.

 To get immediate help with your bailiff problem call John Galt on 07909 588 519

 

When NOT to call John Galt:

I apologise in advance – my personality won’t be palatable to everyone. That said, here’s when NOT to phone me:

1. If you don’t trust me, then follow your initial instinct and don’t hire me.

2. If you don’t have the £125, then you can’t hire me anyway.

3. If you want it for free, go to Citizens Advice Bureau.

4. If you want to phone up just to tell me “it’s not fair” and want to have a bit of a moan and get some sympathy, then not actually do anything about it, then I’m not your man. I don’t exist to focus on the problem, I am here to FIX the problem.

Sorry to be harsh, but like it says in big red letters in the top box at the top of every single web page, this is my business, not a government-funded free advice clinic.

 

Why use me and not a solicitor?

In their snotty, condescending letters to you, the bailiff companies and the councils will strongly discourage you from using me and to strongly encourage you to use a solicitor instead.

That’s because they KNOW that you don’t HAVE the £200 per hour to hire a solicitor.

They also know that an appointment with the CAB may take 3-4 weeks, by which time the bailiff would have taken your car without a warrant, then sold it at a fraction of its market value, all with the full legal, financial and social backing of the council who hired them.

Strange how they are so concerned about your financial and legal well-being, isn’t it?

Even stranger is how they take great pains to specifically point out NOT to use ME in particular-

(1)  why would they say this?

(2)  would you take advice from your enemy on their preferred choice of spokesman for you?

THEY want to be the top dog in the prison and for you to just bend over and give in to every single one of their demands.

Well, you don’t have to give in – Call me on 07909 588 5199 and tell me your situation.

Solicitors charge by the hour (about £200+ VAT or more). I charge a flat fee of £125 for the entire job.

Solicitors don’t offer a money back guarantee. Win or lose, you have to pay them. My services are guaranteed: if I can’t save you more than £125, you get your money back.

Solicitors usually don’t have experience of the ins-and-outs of bailiff law. I do. It’s my speciality.

No solicitor I know has been out on the job with bailiffs to see first-hand what they do and how they do it.

To get immediate help with your bailiff problem call John Galt on 07909 588 519

 

There is no reason to be angry; nor frightened or confused by a bailiff’s visit.

Their powers are limited by law and you can do a lot to protect your family and property.

A Bailiff cannot:

  • Take items needed for you to make a living (tools, van, computer).
  • Search or look in childrens rooms.
  • Take those items needed for cooking or cleaning.
  • Enter a property by force or prevent you from closing the door.

A bailiff must be lawful, justifiable and proportionate in his acts and behaviour so don’t give in.

To get immediate help with your bailiff problem call John Galt on 07909 588 519 .

When you call me, I will:

Send you an email requesting your details and my £125 fee.

Once I’ve received your information and fee, I will send the relevant documents SAME-DAY.

For parking and Congestion Charge bailiff cases, bailiff recovery action will cease within 24 hours.

For County Court Judgment bailiff cases, bailiff recovery action will cease within 48 hours.

For council tax bailiff cases, bailiff recovery action will cease within a week.

A new repayment plan will put in place EXCLUDING any unlawful bailiff fees.

I will refund your £125 payment if you don’t save at least £125 in bailiff fees.

Sounds too good to be true? Well, all the people here have telephone numbers.

 

Do you (or the bailiff) understand what the bailiff’s powers are?

In the case of, for example, unpaid council taxes, Citizens Advice Bureaux have been reporting a wide range of problems experienced by their clients because of bailiff action to collect. The most common kinds of problems are:

Bailiffs misrepresenting their powers of entry

FACT: Bailiffs have no power to force initial entry or break open an outer door if it is either locked or bolted.

There are reports of problems with bailiffs misrepresenting their powers of entry, falsely claiming that they can force entry or have a warrant that allows them to force entry or that they will return with the police who will force entry on their behalf.

  • Bailiffs must enter a property peacefully through an unlocked door or through an open window.
  • They may not enter through a closed window, even if it is not locked.
  • They cannot obtain a court order to gain entry and the police have no power to force entry on their behalf. Bailiffs can only force entry if they have previously gained peaceful entry.

Note that Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004 have allowed bailiffs to force entry in connection with unpaid magistrates’ courts fines. The Citizens Advice Bureau has reported that some bailiffs’ firms have claimed that this power extends to other debts, including council tax arrears. This is not the case.

If the bailiff is attempting to force entry or has entered your property make note of the time and date and ensure you have copies all the paperwork so that we have evidence to present to the head offfice.

If you think the bailiff has been misrepresenting their powers of entry call 07909 588 519 to get immediate help.

Threats of imprisonment by the bailiff

FACT: You cannot be sent to prison for refusing to allow the bailiffs entry

The Citizens Advice Bureau have reported that bailiffs have threatened clients with imprisonment if, for example, they do not allow the bailiffs entry to the debtor’s home.

You are entitled to refuse the bailiffs entry and are allowed to use reasonable force in resisting bailiffs who have unlawfully tried to push their way in.

You can only be sent to prison for your debts if:

  • The local authority decides to apply to the magistrates’ court for a means enquiry hearing.
  • A means enquiry hearing is then held at the magistrates’ court
  • The magistrates decide that the debtor has either wilfully refused or culpably neglected to pay
  • The magistrates have examined all the other payment methods available but found that none will be effective.

If you have been threatened by the bailiff with imprisonment call 07909 588 519 to get immediate help.

Unlawful or disproportionate bailiff fees

FACT: Bailiffs fees are set by statute and challengeable by submitting a Form 4 (Complaint against a certificated bailiff) to the court that issued the bailiff’s certificate.

However, there are a variety of real-life problems about the fees charged by bailiffs. These include fees being charged when they:

  • Are not permitted, e.g. when no levy has been made.
  • Are spurious, e.g. ‘administration’ and ‘clamping’ fees.
  • Have not been “actually and necessarily” incurred.
  • Are unreasonable and disproportionate to the amount of the debt being collected.

Under the National Standards for Enforcement Agents, bailiffs must provide a breakdown of the fees charged if this has been requested. You can use this breakdown to challenge any unlawful fees.

If you think the bailiff has demanded unlawful or disproportionate fees call 07909 588 519 to get immediate help.

Harassment and intimidation and vulnerable people

FACT: Bailiffs are not allowed harass, intimidate or bully you.

If you are in a vulnerable situation, you still have the right to be treated in a fair and decent manner by the bailiff when he asks you for money.

Harassment and intimidation

The National Standards for Enforcement Agents states that “Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.”

However, there are alarming instances of bailiffs harassing and intimidating clients, a problem exacerbated by the lack of effective independent monitoring, complaints monitoring, and clear and accessible mechanisms for redress.

Harassing and intimidation includes: attempting forced entry, threats of imprisonment, refusal to present their warrant or their court certification card or even pretending to be law enforcement officers.

Vulnerable persons

A vulnerable person is one who is has a certifiable medical condition; is pregnant, infirm, eldery, disabled, underage and so on.

The National Standards for Enforcement Agents, published in 2002, contains guidance on how bailiffs should deal with vulnerable and socially excluded people. However, bureaux routinely report cases in which bailiff firms have failed to adhere to the guidance.

If you have been harassed or intimidated by the bailiff call 07909 588 519 to get immediate help.

Problems negotiating repayment

FACT: Bailiffs must take into account your financial situation when asking for payment

It is in the bailiff’s interests to get you to pay as near the full amount due as possible, as quickly as possible. However, they should take into account your financial situation and ability to pay.

They should consider if you are unemployed, on housing benefit or income support, Working Familiy Tax Credit, on a state pension or have a disability or other medical condidition.

Despite this, bailiff firms frequently demand payments of £50 per week even when authorised to accept less. These problems are likely to increase if bailiffs are to be allowed to force entry to take control of goods.

If the bailiff refuses to negotiate repayment call 07909 588 519 to get immediate help.

Protected and third party goods

FACT: The bailiff is restricted on the type of property they may levy or seize

Protected Goods

Much of your property is protected and cannot be seized by the bailiffs. These are the things you need for the activities of daily life. For example: cooking utensils, cleaning materials, items needed for washing and bathing and children’s items.

In addition, they generally may not take tools, books, vehicles and other equipment you need for work.

However, in real life there are many problems with bailiffs either threatening to remove or actually removing protected goods.

Other people’s property

The relevant regulations make it clear that bailiffs can only seize and remove goods that belong to you.

They cannot take other people’s property (third party goods). This includes things belonging to family members, flatmates, landlords, and, usually, items subject to hire purchase and other hire agreements.

If you think the bailiff intends to seize protected or third party goods call 07909 588 519 to get immediate help.