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The Bailiff Manual

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The Bailiff Manual The Bailiff Manual A Procedural Guide for County Court Bailiffs August 2012 2 Contents Section 1 – Introduction……………………………………………..11 Section 2 - General duties and responsibilities…………………13 2.1 Identity card…………………………………………………… 13 2.2 General principles of Bailiff duties…………………………...13 Section 3 - Training courses………………………………………..17 Section 4 - Annual leave and working hours…………………….19 Section 5 - Travel and allowances…………………………………21 5.1 Travel allowances – home to office journeys……………….21 5.2 Requirements…………………………………………………..21 5.3 Congestion Charge for London………………………………23 5.4 Reimbursement by the Department for the Congestion Charge……………………………………………23 5.5 Payment of the Congestion Charge…………………………24 5.6 Detached duty into the Congestion Charge zone…….….. 24 5.7 Claiming reimbursement of Congestion Charge……………24 5.8 Refunds from Transport for London………………………....25 5.9 Annual / sick leave…………………………………………….25 5.10 Leaving the Department………………………………………25 5.11 Further information on Congestion Charging………………26 Section 6 – District judges’ liability for County Court Bailiffs………………………………….27 Section 7 – Keeping records……………………………………….29 7.1 The Daily Record Sheet……………………………………...29 7.2 Bailiffs’ folders …………………………………………………30 7.3 Bailiff note book……………………………………………….31 7.4 Security and records………………………………………….31 3 Section 8 – Handling money………………………………………..33 8.1 Procedures……………………………………………………..33 8.2 Methods of payment…………………………………………..34 8.3 Allpay payment cards………………………………………....34 8.4 Cash…………………………………………………………….35 8.5 Credit and debit cards …………………………………………35 8.6 Postal orders, bankers / building society drafts Giro cheques and payable orders……………………………36 8.7 Cheques……………………………………………….………..36 8.8 Credit notes…………………………………………………….37 8.9 Receipt book……………………………………………………38 8.10 Issuing receipts………………………………………………...38 8.11 Receipt book checks…………………………………………..39 8.12 Cancelled receipts……………………………………………..41 8.13 Receipt alterations……………………………………………..41 Section 9 – Service of Documents………………………………...43 9.1 General principles……………………………………………..43 9.2 Personal service……………………………………………….45 9.3 An individual trading as a firm………………………………..46 9.4 Limited companies…………………………………………….47 9.5 Solicitors……..…………………………………………………47 9.6 Diplomatic immunity…………………………………………...48 9.7 Special circumstances………………………………………...48 9.8 Divorce petition………………………………………………...48 9.9 Possession actions…………………………………………….50 9.10 Vacant premises……………………………………………….50 9.11 Trespassers (squatter / travellers)…………………………...50 9.12 Foreign Process………………………………………………..51 9.12.1 The Royal Courts of Justice Foreign Process section………………………………………..51 9.12.2 The Senior Master…………………………………….51 9.12.3 Translation of documents…………………………….52 9.12.4 Serving documents……………………………………52 9.12.5 Personal service………………………………………53 9.12.6 Unable to serve personally…………………………..53 9.12.7 Returning the documents back to the RCJ…………55 9.12.8 Outstanding report…………………………………….55 9.12.9 Contact details…………………………………………55 4 9.13 Admiralty Marshal……………………………………………..56 9.14 Order to attend for questioning………………………………57 9.15 Payment under enforcement process……………………....58 9.16 Protocol for process servers: Non-molestation Orders……58 9.16.1 Service on the respondent against whom the order was made…………………………………..59 9.16.2 Statement of proof of service………………………..59 9.16.3 Identification…………………………………………...60 9.16.4 Service on the Police…………………………………60 Section 10 – Warrants of execution………………………………..61 10.1 When a warrant is issued……………………………………..61 10.2 Order of priority………………………………………………...63 10.3 Priority of re-issued warrants…………………………………64 10.4 Executing the warrant - your first visit……………………….65 10.5 Right of entry…………………………………………………...65 10.6 Peaceful entry refused………………………………………...68 10.7 Application to suspend the warrant or to set aside judgement………………………………………………..68 10.8 Arrangements to pay…………………………………………..69 10.9 Money…………………………………………………………...69 10.10 Execution of a warrant whilst bankruptcy proceedings and winding up orders are pending or in place…………………..70 10.11 Assets Debenture……………………………………………...71 10.12 Warrant returns………………………………………………...71 Section 11 – Warrants of delivery………………………………….73 11.1 Notice of appointment …………………………………………73 11.2 Bailiffs’ powers…………………………………………………73 11.3 Identification and removal of goods………………………….74 11.4 Claimants acknowledgement…………………………………74 11.5 Caravans and houseboats……………………………………74 Section 12 – Warrants of possession……………………………..75 12.1 Notice of appointment…………………………………………75 12.2 Preliminary visit………………………………………………...76 12.3 The eviction…………………………………………………….76 12.4 Use of force by Bailiffs………………………………………...77 12.5 Attendance by the claimant…………………………………...79 5 12.6 Refusal to leave……………………………………………….79 12.7 Belongings……………………………………………………..80 12.8 Securing the premises……………………………………......80 12.9 Common entrances to flats…………………………………..80 12.10 Squatters – Order 24 County Court Rules 1981…………...81 12.11 Warrant of restitution………………………………………….82 Section 13 – Arrest and warrants of arrest and committal………………………………………….83 13.1 Arrest for assault and rescue…………………………………83 13.2 Trespassers…………………………………………………….84 13.3 Committal warrants…………………………………………….84 13.4 Arrest order (Attachment of Earnings)……………………….85 13.5 High court warrants of arrest………………………………….86 13.6 Making an arrest……………………………………………….86 13.7 Transportation of person arrested……………………………89 13.8 At the court……………………………………………………..90 13.9 Escaped prisoners……………………………………………..90 13.10 Transfer of defendant committed to prison………………….90 Section 14 – Levy……………………………………………………..93 14.1 Levy……………………………………………………………..93 14.2 Levy process……………………………………………………93 14.3 Value of goods…………………………………………………94 14.4 Walking possession……………………………………………95 14.5 Goods subject to prior levy……………………………………96 14.6 Rescue of goods……………………………………………….96 14.7 Powers of entry to remove goods……………………………96 14.8 Exemption from levy…………………………………………. 98 14.9 Claims to goods – interpleader proceedings………………..99 14.10 Credit agreements and hired goods……………………… 101 14.11 Claim for rent………………………………………………….103 14.12 A fixed charge / floating charge……………………………..103 14.13 Motor vehicles ………………………………………………..104 14.14 Animals………………………………………………………..106 14.15 Crops…………………………………………………………..106 14.16 Caravans…………………………………………………..….106 14.17 Computers…………………………………………………….107 14.18 Firearms……………………………………………………….107 6 14.19 Gaming machines…………………………………………….108 14.20 Alcohol…………………………………………………………108 14.21 Body search………………………………………… ………108 14.22 High Court Enforcement Officers in possession…………..108 Section 15 – Removal of goods…………………………………...111 15.1 Removal of goods for sale…………………………………..111 15.2 Preparation……………………………………………………111 15.3 Removal – van run procedure………………………………112 15.4 Removal of goods…………………………………………….113 15.5 Removal from business premises…………………………..113 15.6 Transportation of goods……………………………………..113 15.7 Storage of goods……………………………………………..114 15.8 Sale of goods…………………………………………………114 15.9 Removal firms and auctioneers……………………………..114 Section 16 – Warrants against organisations…………………..117 16.1 Businesses……………………………………………………117 16.2 Firms…………………………………………………………...117 16.3 Limited companies……………………………………………117 16.4 Corporations…………………………………………………..119 16.5 Clubs…………………………………………………………..119 16.6 Farms………………………………………………………….119 Section 17 – Other types of debt enforcement officer………..121 17.1 High Court Enforcement Officers…………………………...121 17.2 Certificated bailiffs……………………………………………121 17.3 Government Debt Enforcement Officers…………………..122 17.4 ‘Private’ Bailiffs………………………………………………..122 Section 18 – The Human Rights Act – information to support civil committal process………………123 18.1 The Human Rights Act……………………………………….123 18.2 Article 3 – Freedom from torture or degrading Treatment……………………………………………………..123 18.3 Article 5 – Right to liberty and security……………………..123 18.4 Article 6 – Right to fair trial…………………………………..124 18.5 Article 7 – No punishment without law……………………..125 18.6 Article 8 – Right to respect private and family life………...126 7 18.7 Article 9 – Freedom of thought, conscience and religion …………………………………………………………126 18.8 Article 14 – Prohibition of discrimination…………………...127 18.9 First Protocol – Article 1 – Protection of property…………127 18.10 Possible contraventions of the Act………………………….127 Section 19 – Data Protection Act 1998…………………………..128 Section 20 – Procedural Guidance for Bailiff Managers……..131 20.1 Receipt books…………………………………………………131 20.2 Cancelled receipts……………………………………………132 20.3 Daily record sheet…………………………………………….134 20.4 Unscheduled visits or deviation from planned route……...136 20.5 Out of office hours visits……………………………………..138 20.6 Health and safety……………………………………………..138 20.7 Claims for mileage……………………………………………139 20.8 Credit notes…………………………………………………...139 20.9 Management information…………………………………….140 20.10 Outstanding warrant list……………………………………...140 20.11 Other information……………………………………………..143 Section 21 – Health & Safety Guidance………………………….145 21.1 Lone worker alarm system…………………………………..145 21.1.1 Overview……………………………………………...145 21.1.2 Sign on and off procedures…………………………146 21.1.3 Alert levels……………………………………………147 21.1.4 Personal information………………………………...149 21.1.5 Loan worker alarms – further information…………149 21.1.6 The end of shift call in ………………………...…….149 21.1.7 Procedure for end of shift call in……………………151 21.1.8 What to do when a Bailiff fails to phone in………..151 21.2 Personal protective equipment at work regulations………154 21.2.1 Personal protective equipment……………………..154 21.2.2 Training
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