June 12, 2019 at 1:21 pm #22326AdministratorKeymaster
An enforcement agent, or a “bailiff”, is a prescribed person under section 63 of the Tribunals Courts and Enforcement Act 2007. A High Court Enforcement Officer is a prescribed person under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff says he is a High Court Enforcement Officer when he is not, then he commits an offence under section 2 of the Fraud Act 2006. It is “fraud by false representation”. Enforcement Agents cannot officiate and cannot call themselves an “officer”. They are “agents” authorised to take control of goods.
The Bailiff said he is a “High Court Enforcement Officer”
It is the practice for bailiffs to wear apparel with the markings “High Court Enforcement Officer” to mislead that he acts in the capacity of a High Court Enforcement Officer “HCEO” when he is not.
A High Court Enforcement Officer is authorised by regulation 6 of the High Court Enforcement Officers regulations 2004.
A certificated enforcement agent is prescribed by section 63 of the Tribunals Courts and Enforcement Act 2007.
You can look up authorised HCEOs here:
You can look up enforcement agents here:
If a person falsely represents himself to be authorised in some official capacity to claim or enforce payment then he commits an offence under section 2 of the Fraud Act 2006, which states;
2Fraud by false representation
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss.
(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading.
(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or
(b)any other person.
(4)A representation may be express or implied.
(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
Section 40(1)(c) of the Administration of Justice Act 1970 states;
40 Punishment for unlawful harassment of debtors.
(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—
(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
(b)falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
(c)falsely represents himself to be authorised in some official capacity to claim or enforce payment; or
(d)utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.
(2)A person may be guilty of an offence by virtue of subsection (1)(a) above if he concerts with others in the taking of such action as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.
If apparel was used to present himself to be acting in the capacity of a High Court Enforcement Officer, then ideally need a photograph of him wearing it.
He can be reported in writing to the police. If the police say its a ‘civil matter’ then you can lay a complaint before a Clerk to the Justices at a magistrates court under section 1 of the Magistrates’ Courts Act 1980.
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