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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have an issue with a Bailiff/Sheriff trying to seize goods

Resolved Question:

I have an issue with a Bailiff/Sheriff trying to seize goods not belonging to the company for which he has a Judgement and Writ.
About a month ago a Bailiff came to our premises threatening that if the company to which he had Judgement and Writ did not pay he would start removing goods. It was explained that a number of businesses operate from this site and the company to which he had Judgement and Writ had no funds and no assets. The company used to have assets but were sold off to a third party in October of 2013. Invoices were produced, even bank statements showing that funds had actually been received in full payment. He went away and I even received a letter from his office confirming these facts.
Two days ago he returned making the same threats, he said they were not happy and now wanted to see bank statements from the purchaser, I asked if these were supplied would that be the end of the matter – he said yes. I managed to have the statements emailed over to me and I gave them to him. He then went back on his word and said they were still not happy and unless monies were paid they will start removing goods. The botXXXXX XXXXXne was – there was no amount of evidence we could provide that would satisfy him.
By now it was late and time to lock up and go home, he threatened that if we locked up he would get a locksmith to break in.
Under duress and intimidation I paid the sum of £12,240 to the bailiffs because I just wanted them to go away before the matter escalated to violence.
He told me that I had 14 days in which to apply to a court to freeze the payment and appeal to have it retuned.
My question is this:
Is what the Bailiff did lawful?
Do I have 14 days to deal with this matter?
What am I applying for, Injunction, Order or something else?
Which forms do I need to complete?
A speedy response will be appreciated.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was it a high court bailiff?
Customer:

Hi Alex,

Customer:

Hi Alex, Yes, they were from the high court, one was a bailiff and the other a sheriff

Alex Watts : Ok. Is the sum the full amount please?
Customer:

yes it is

Alex Watts :

You can raise a complaint using Form 4 procedure.

Alex Watts :

This form can be found at: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/form-004-eng.pdf

Alex Watts :

And: https://www.gov.uk/your-rights-bailiffs/how-to-complain-about-a-bailiff

Alex Watts :

And: http://www.dealingwithbailiffs.co.uk/BailiffsForm4Complaint.htm

Alex Watts :

The Court can decide whether they are a proper person to be a bailiff.

Alex Watts :

The Court can also Order that they repay you

Alex Watts :

But if it goes to Court and you lose, then you would be liable for their legal costs

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Hi Alex,


2 observations;


Form 4 refers to Distress for Rent – ours is not for rent but a Judgement obtained in the Central London CC – does this matter?


The form instructs sending the form to the county court – the bailiff came with a High Court Writ – does this matter?


Please confirm that form 4 is correct form.

Alex Watts :

1. Form 4 is the same form.

Alex Watts :

2. The County Court would have been where the writ came from in the first place

Alex Watts :

Does this help?

Customer:

It does - thank you

Ash and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Further to the matter above.


I have issued form 4 as advised.


The Sheriff has responded by saying that I have to make a “formal interpleader claim under RSC ORDER 17 – INTERPLEADER”. I have read this and believe rule 2 applies.


My question: is the a set court form which I can use?