May 16, 2019 at 1:43 pm #19946AdministratorKeymaster
A person performing certificated work without a certificate commits an offence.Section 63(6) of the Tribunals Courts and Enforcement Act 2007.
A person not a certificated bailiff takes control of goods commits an offence under Section 63(6) of the Tribunals Courts and Enforcement Act 2007.
A person not a certificated bailiff conducting levy is trespass,
Bray v Naldred  2 PMR 227, Hawes v Watson  94 LT 191 ; 29 LJ 556; contrast Varden v Shread  36 EG 449 or 25 LJ 363, Harker v Browne  36 EG 59,  40 EG 402, Thomas v Millington  2 PMR 472, Bray v Naldred  2 PMR 227 and Rodgers v Webb  20 PMR 186
The bailiff does not have a valid enforcement certificate
Section 63 of the Tribunals, Courts and Enforcement Act 2007 states;
(2)An individual may act as an enforcement agent only if one of these applies—
(a)he acts under a certificate under section 64;
(b)he is exempt;
(c)he acts in the presence and under the direction of a person to whom paragraph (a) or (b) applies.
If the bailiff is working for a company – not employed by a local council or government unit, he is required to have a certificate
Check the Ministry of Justice Public Register of Certificated Enforcement Agents to see whether your bailiff has a certificate.
A person who represents himself to be a certificated bailiff, but is not, commits an offence under section 62(6) which states;
(6)A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).
If the register fails to show a current valid certificate, then telephone 020 3334 6355. or email cbregister(at)hmcts.gsi.gov.uk
Bailiff companies claim the Public Register is out of date, but this is found to be untrue when further checks are made with the Ministry of Justice.
You can ask the bailiff company for the expiry date of the certificate for a date an enforcement fee was charge, along with the name of the certificating court. If you get excuses, It is compelling evidence the bailiff is not certificated.
Bailiffs are required by law to show evidence of his ID, paragraph 26(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;
26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—
(a)his identity, and
(b)his authority to enter the premises.
(2)The request may be made before the enforcement agent enters the premises or while he is there.
Use the law to get the bailiffs certificate details.
The matter can be reported to the Police, giving the name of the person and the above-mentioned legislation.
There is no legal requirement for the bailiffs certificate to be issued by the company he is working under. It is possible for a bailiff to have a certificate issued by one company and be working for another because the regulations only say the bailiff needs to be certificated.
Bailiffs having a certificate from a different company is only a problem for the bailiff company itself. If the bailiff causes a loss or has a claim made against him, it is the bailiff company that paid the certificate bond that pays.
However, If the bailiff’s name is absent from the register then you can proceed on the basis he does not have a current certificate. If you have started court proceedings then you only need to say in your witness statement what date the check in the register was made, and the court may either ask the bailiff to prove to the contrary, or make a sanction against the defendant for using un certificated agents for doing certificated work. In many cases, the absence of a bailiffs certificate may revoke all enforcement action make against you by that person.
The person without a certificate may be a con artist pretending to be a bailiff. Report the offence to the police in writing and by telephone. Police might tell you that bailiff crime is a civil matter.
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