June 12, 2019 at 2:01 pm #22347AdministratorKeymaster
Seek immediate medical attention. Call 999 if necessary. The call is logged, and a recording is made. Time is critical at this stage because you can bring a Personal Injury Claim. Medical evidence is crucial in bringing a claim. The claim may be against the creditor, the bailiff, the bailiff company, or all three of them together. The bailiff company will have liability insurance to pay your claim and compensation. You can make a complaint to police for offences of common assault or Actual Bodily Harm (ABH), depending on the severity of your injuries. Police might tell you the offence is a civil matter.
Assaulted or injured by a bailiff
Seek medical attention, go to A&E straight away and get checked over.
Write a first-person account of what happened, in your own words – while it is still fresh
Report the offence to the police and get a crime number (not an ‘incident’ number)
Using your police crime number, make a claim for compensation with the Criminal Injuries Compensation Authority
Make a personal Injury claim
You should gather the following as soon as practicable;
Name the authority
Name of the bailiff
Date and time of the incident
Nature of the injuries (Y
Your written first-person account
Injury can include non-physical mental health issues caused or brought on by bailiffs, in particular if the person harmed is a child because this can result in a lifelong condition and awards can be substantial.
A claim can still be made if a pre-existing injury is aggravated or disturbed.
You will need to collate all medical evidence and diagnosis from your doctor and you have the initial burden of persuading a personal injury lawyer that you have a case.
Paragraph 24(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;
(2)A power to use force does not include power to use force against persons, except to the extent that regulations provide that it does.
The only exception is for the recovery of Magistrates Court fines under Section 125 of the Magistrates Courts Act 1980 for the execution for warrants of arrest. But these are only executed by the police. Never by an enforcement company.
There is nothing in current regulations enabling the use of violence against a person for the enforcement any type of debt.
You can bring a civil action against the creditor under paragraph 66(1)(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
Report the incident to the police but do bear in mind, the police has an institutional belief that bailiff crime is a civil matter. Write down names and escalate your complaint. The Schedule 12 enforcement procedure does not provide bailiffs with exemption from criminal liability.
Police have an obligation to act on a WRITTEN complaint because there is no obligation for the police to act on verbal complaints.
You need the incident number to progress your personal injury claim, a crime number also enables you to make a claim through the Criminal Injuries Compensation Authority.
Your complaint is strengthened if you make a SWORN STATEMENT saying what happened. This should be written in first-person. Say what happened when you were assaulted or injured.
Make a sworn statement.
There is lots of case law on bailiffs and the use of violence you can include in your complaint.
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