It is the practice of some bailiffs to show a fake warrant instead of the real one, when the bailiff is trying to demand more money than the court has adjudged the debtor to pay.
The bailiff must show the debtor and any person on request his identity,[1] and his authority to enter the premises.[2]
Making a fake warrant, or any court document, for use in frauds is an offence,[3] and a bailiff using the fake document which is, and which he knows or believes to be, false, with the intention of inducing somebody to accept it as genuine, is also an offence.[4]
A bailiff commits an offence if, with the object of coercing a person to pay money claimed from the other as a debt due under a contract, he may be guilty of an offence.[5]
Bailiffs work under a contract with his enforcement agency, the bailiff company.
If the bailiff makes an improper charge, he commits an offence.[6]
The fake warrants are made to resemble a warrant of control for an unpaid traffic contravention debt issued by the county court.[7]
See an example of HM Court Service warrant of control.[8]
See an example fake warrant of control created by Marston Holdings.[9]
When a bailiff shows a fake warrant when he been asked to show his authority to enter premises, he is in breach of enforcement regulations,[1] and the debtor may sue for that breach.[10]
You have a right to see a copy of the official warrant of control, and you can ask for it by making a stage 1 formal complaint to HM Courts and Tribunals Service at the address on the template below.
Template Letter. Get a copy of the genuine warrant from HM Court Service
Send the letter to the Ministry of Justice to the address on the letter, and get a certificate of posting from the post office.
Give a copy of the letter to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the letter by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Paragraph 26(1)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Section 7 of the Fraud Act 2006
[4] Section 3 of the Forgery and Counterfeiting Act 1981
[5] Section 40 of the Administration of Justice Act 1970
[6] Section 78(5) of the Magistrates’ Courts Act 1980
[7] See Traffic Contravention Debt, Warrant of Control issued by the County Court
[8] See Genuine Warrant of Control issued by HM Courts and Tribunals Service
[9] See Fake warrant created by Marston Holdings
[10] Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
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