Difference between revisions of "Bailiffs: Check a Bailiffs Credentials"

From Consumer Wiki
(Check a Bailiffs Credentials)
(On-line Search to Check if a Bailiff is Certificated)
 
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== On-line Search to Check if a Bailiff is Certificated ==
 
== On-line Search to Check if a Bailiff is Certificated ==
With thanks to Tomtubby
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On 17th March 2009 the Ministry of Justice announced plans for a new code regulating the activities of bailiffs and one of the changes was to introduce a much needed certificated bailiff register allowing debtors to check on-line whether a bailiff is certificated.
 
On 17th March 2009 the Ministry of Justice announced plans for a new code regulating the activities of bailiffs and one of the changes was to introduce a much needed certificated bailiff register allowing debtors to check on-line whether a bailiff is certificated.
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If your search reveals that the bailiff is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are '''"any changes"''' to the certificate then the bailiff must '''“without delay”''' give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, '''the bailiff’s bond will be cancelled''' when he leaves his previous employer!!
 
If your search reveals that the bailiff is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are '''"any changes"''' to the certificate then the bailiff must '''“without delay”''' give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, '''the bailiff’s bond will be cancelled''' when he leaves his previous employer!!
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This is a big database to put together and for it to be totally accurate requires input from each and every "issuing court" in the Country and Bailiff companies and individual Bailiffs as well.
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If a bailiff is not showing as certificated then the following text message can be sent to him or her:
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{| border="0" cellpadding="10" cellspacing="0" align="center" width="90%" style="background-color: #EEEEEE;"
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<blockquote><div style= "font-size:87%;"><font color = #EEEEEE> — </font>I have searched the Ministry of Justice website and this does not show you a being certificated. Can you confirm to me what date you were granted a certificate and at which court? </div></blockquote>
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Any bailiff who is in receipt of a valid bailiff's certificate should have no difficulty at all in responding to this text message within a very quick period of time.
  
 
As I have said many times here on the forums, it is '''always''' the case that if you have a complaint about a certificated bailiff then this should first be sent to the bailiff company to address and a Form 4 Complaint to the County Court should wait until the company have had an opportunity to sort out the complaint.
 
As I have said many times here on the forums, it is '''always''' the case that if you have a complaint about a certificated bailiff then this should first be sent to the bailiff company to address and a Form 4 Complaint to the County Court should wait until the company have had an opportunity to sort out the complaint.
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PS: As the bailiff is working as an '''"agent"''' for the local authority, a copy of your complaint should be sent to the council as well and you need to ensure that you request that it is recorded as a formal complaint.
 
PS: As the bailiff is working as an '''"agent"''' for the local authority, a copy of your complaint should be sent to the council as well and you need to ensure that you request that it is recorded as a formal complaint.
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With thanks to Tomtubby
  
 
   
 
   

Latest revision as of 12:20, 20 August 2009

Check a Bailiffs Credentials

The bailiff must be certificated

If you have the name of the bailiff, then call the Ministry of Justice on 020 3334 3555 and ask for details of the certificate. Their list is not always up to date however but they will be able to tell you which court issued the original certificate and you can then call that court.

You can also check with the OFT who maintain a register of bailiffs at this number 020 7211 8608 .

On-line Search to Check if a Bailiff is Certificated

On 17th March 2009 the Ministry of Justice announced plans for a new code regulating the activities of bailiffs and one of the changes was to introduce a much needed certificated bailiff register allowing debtors to check on-line whether a bailiff is certificated.

This is now available from the following link: here

As you will see, you may search by either providing the bailiffs first name, surname or employers name.

Could you please note that a bailiff’s certificate is valid for just 2 years.

If your search reveals that the bailiff is working for a different company it is important to be aware that statutory regulations laid down by Parliament state that if there are "any changes" to the certificate then the bailiff must “without delay” give notice to the Court and a new certificate will be issued to him reflecting the changes. This is vitally important because in almost all cases, the bailiff’s bond will be cancelled when he leaves his previous employer!!

This is a big database to put together and for it to be totally accurate requires input from each and every "issuing court" in the Country and Bailiff companies and individual Bailiffs as well.

If a bailiff is not showing as certificated then the following text message can be sent to him or her:

I have searched the Ministry of Justice website and this does not show you a being certificated. Can you confirm to me what date you were granted a certificate and at which court?


Any bailiff who is in receipt of a valid bailiff's certificate should have no difficulty at all in responding to this text message within a very quick period of time.

As I have said many times here on the forums, it is always the case that if you have a complaint about a certificated bailiff then this should first be sent to the bailiff company to address and a Form 4 Complaint to the County Court should wait until the company have had an opportunity to sort out the complaint.

As a Form 4 Complaint can have serious repercusssions for the individual bailiff, the County Courts also expect that the debtor should at least allow the company to have the opportunity to sort out the complaint. By doing this you will avoid being criticised by the Court.

PS: As the bailiff is working as an "agent" for the local authority, a copy of your complaint should be sent to the council as well and you need to ensure that you request that it is recorded as a formal complaint.

With thanks to Tomtubby


The bailiff or his firm must be licensed to trade in debt recovery

He must have a Category E Consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register.


The bailiff charged a credit card fee

The bailiff or his firm must be licensed to trade in credit brokerage, or for processing regulated credit transactions between a lender and a borrower. He must hold a Category C consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register. The law does not provide bailiff’s charging fees that are not prescribed and is an offence under Section 2 of the Fraud Act 2006.


The bailiff charged interest.

The bailiff or his firm be licensed in consumer credit and he must hold a Category A consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act. Check the Consumer Credit Licensing Public Register on 0207 211 8608 and press 1 to search register. In any event, the bailiff would have to provide you with a regulated loan agreement setting out the rate of interest and loan period and be able to give you a written quotation before you agree to a loan. The law does not provide for bailiffs charging interest (unless it’s awarded under Section 69 of the County Courts Act 1984) and is an offence under Section 2 of the Fraud Act 2006.

With thanks to 10110001