DCBL Bailiff Stole My Mobile

Apply to Stay the Writ. Set Aside the Judgment. Apply for more time to pay. Stop the Bailiff. Cancel the Fees.
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Abcd
Posts: 3
Joined: 17 Jun 2022 07:04

DCBL Bailiff Stole My Mobile

Post by Abcd »

I would welcome any thoughts on something that happened last week.

DCBL turned up at my house to enforce a writ issued to a company I’m a director off.

He was telling me that he had a locksmith on way to change locks.

I thought he couldn’t do that and showed him on my mobile that I was in process of getting the original judgement set aside.

He then took my phone put it in his pocket and said it was now seized and belonged to high court. He would not allow me to show a receipt that I owned it and not the ltd company.

I’m now outside my house, no phone, too scared to go inside and apparently waiting for locksmiths to change he lock and take stuff from my flat.

I was told I had to pay even though I am not the company.

Without having my phone I could not contact anyone to find out my rights and options so I paid the bailiff.

After it happened I established he had no right to get a locksmith and had not actually seized my phone (I think it is theft).

Also overcharged big time on the statutory fees

What do you think I should do?

Lemme know if u need more info
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: DCBL Bailiff Stole My Mobile

Post by zeke »

Bailiffs cannot take control of mobile phones. They are exempt. Regulation 4 of the Taking Control of Goods Regulations 2014.


A replacement iPhone would be very expensive for a bailiff.

You can have a detailed assessment CPR 84.13 to recover the fees plus your costs.

Bailiffs cannot break enter a private house unless he has a writ of possession.
Abcd
Posts: 3
Joined: 17 Jun 2022 07:04

Re: DCBL Bailiff Stole My Mobile

Post by Abcd »

So does that mean when he took it and put it in his pocket he actually stole it?

Is there a way I can stop the money I paid over to be passed on to the creditor?
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: DCBL Bailiff Stole My Mobile

Post by zeke »

Charge back. Or apply for a detailed assessment of the bailiffs fees and charges.
Abcd
Posts: 3
Joined: 17 Jun 2022 07:04

Re: DCBL Bailiff Stole My Mobile

Post by Abcd »

So if I loose chargeback and do an application for detailed assessment does that mean the bailiffs hold onto the funds I paid them and do not pass to creditor

Sorry if that’s obvious from your last message, just wanna make sure I don’t miss a trick
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: DCBL Bailiff Stole My Mobile

Post by zeke »

If you apply for a detailed assessment and it comes out in your favour, you issue a reverse writ against the creditor.

The creditor pays. They reclaim it from the bailiff, or through their liability insurance.
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