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Bailiff Bonds Provide the following information under the FOI ACT
ivanataylor made this Freedom of Information request to Ministry of Justice
Ministry of Justice did not have the information requested.
From: ivanataylor
16 November 2011
Dear Ministry of Justice,
Bailiff Bonds
Provide the following information under the FOI ACT
Are all County Courts are required to advise the Ministry of
Justice when they grant and/or cancel a Bailiffs Certificate,
update details and create a new one?
1) If a Bailiff’s Certificate last for just 2 years and the bailiff
changes employers or his personal details change during the 2 year
period, must he/she surrender their certificate and do they receive
a new certificate with updated details ?
2) Can they work on a old Bailiff certificate issued by their
previous employer whilst working for a new company ?
3) Is the bond cancelled when they leave their previous employer or
start with a new one?
4) Can they levy for goods using a old certificate if the HMCS
on-line register shows them listed under a different company ?
5) How long does it take to update and issue a new Bailiff
Certificate and how long does it take to show on the on-line HMCS
register, can they operate lawfully without showing on the
register, what is the lawful time frame allowed ?
6) Is it lawful to collect and enforce levy whilst using an out
dated Bailiff Certificate and are they required to produce a
Bailiff Certificate or copy of it in writing when asked.
Yours faithfully,
ivanataylor
From: ivanataylor
20 December 2011
ivanataylor
16 November 2011
Dear Ministry of Justice,
Bailiff Bonds
Provide the following information under the FOI ACT
Are all County Courts are required to advise the Ministry of
Justice when they grant and/or cancel a Bailiffs Certificate,
update details and create a new one?
1) If a Bailiff’s Certificate last for just 2 years and the bailiff
changes employers or his personal details change during the 2 year
period, must he/she surrender their certificate and do they receive
a new certificate with updated details ?
2) Can they work on a old Bailiff certificate issued by their
previous employer whilst working for a new company ?
3) Is the bond cancelled when they leave their previous employer or
start with a new one?
4) Can they levy for goods using a old certificate if the HMCS
on-line register shows them listed under a different company ?
5) How long does it take to update and issue a new Bailiff
Certificate and how long does it take to show on the on-line HMCS
register, can they operate lawfully without showing on the
register, what is the lawful time frame allowed ?
6) Is it lawful to collect and enforce levy whilst using an out
dated Bailiff Certificate and are they required to produce a
Bailiff Certificate or copy of it in writing when asked.
Internal review please as this request is out of time.
Yours faithfully,
ivanataylor
From: EnforcementReform.TCE
Ministry of Justice
21 December 2011
Dear Ms Taylor,
Please find attached a reply to your email dated 16 November.
Regards
Enforcement Reform Team
Ministry of Justice,
102 Petty France,
London,
SW1H 9AJ
This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.
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could be intercepted and read by someone else. Please bear that in
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by e-mail.
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read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
From: ivanataylor
29 December 2011
Dear EnforcementReform.TCE,
Thank you for what you have provided but you have not answered the
questions. I would have hoped that as the ministry of justice you
should know the law. I am now awaiting the answer to my questions.
Yours sincerely,
ivanataylor
From: EnforcementReform.TCE
Ministry of Justice
4 January 2012
Dear Ms Taylor,
Please find attached a reply to your email dated 29 November.
Regards,
Enforcement Reform - Tribunals, Courts and Enforcement Act
Ministry of Justice,
102 Petty France,
1st Floor, Post Point 1.42,
London,
SW1H 9AJ
This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy
all
copies and inform the sender by return e-mail.
Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.
This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.
show quoted sections
Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.
ivanataylor left an annotation (14 January 2012)
Debt collection agencies often cite the Law of Property Act 1925 as a valid reason that they have been instructed (as a third party) to collect a debt (either by simple or absolute assignment). What they appear to forget is The Contracts (Rights of Third Parties) Act 1999 which states "The third party must be expressly identified in the contract by name, as a member of a class or as answering a particular description".
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ivanataylor left an annotation ( 4 January 2012)
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