Certificated Bailiff (Marstons) Sussex Area

[modplod]

A Certificated Bailiff called ************* turned up at my sisters domestic dwelling yesterday (in Catsfield) looking for my nephew (my sisters son). My nephew does NOT reside at that address. It's a privately owned house owned outright by my sister. My sister refused the lady access to the dwelling and told her that she was withdrawing her "Implied Access Rights" with immediate effect.

This lady (*****) replied "I will return with a locksmith and let myself in".

**********(bailiff) then told my sister that she would have to produce evidence that her son didn't reside at the address in the form of a Council Tax statement!

I have now had the time to check this lady's exact legal status and she is clearly only a CERTIFICATED BAILIFF working for Marstons with very limited entry powers. Here is her CERTIFICATED BAILIFF entry for Brighton County Court - (Removed link to bailiff's name)

(I don't see how showing this publicly available link it can infringe any rules around here).

I fear this lady has comitted criminal offences here by threatening to return with a locksmith and force entry.

I have advised my sister to keep the door closed and politely tell this lady that she has precisely NOTHING to say and that she's got housework to do. I suggested she then starts the vacuum cleaner within hearing distance.

As far as my sister being legally obliged to produce evidence that her own son does not reside at her house, this is utterly laughable - Even a police officer can't force anyone to talk to them when being arrested. This bailiff seems to enjoy inventing powers she doesn't actually possess.

If she rears her ugly head again at my sisters dwelling I have advised my sister to record on video the whole event including threats of the kind stated above. I shall then use this evidence to have her certificate revoked and recover damages from Marstons.

I'd like to think that she may even get to see this thread! lol. If you are reading it, you will be well advised NOT to attend there again. I have told my sister what a bailiff can and can't do including the bit about "unlawfully putting your foot in the doorway to stop the door from being closed"!

Next time you attend you will get absolutely no response from the occupants. Be sure not to enter the property because your implied right of access has already been withdrawn.

These bailiffs rely upon people not knowing their legal rights. Unfortunetely for ******* and Marstons, my sisters brother is a retired police officer (18 years) in posession of a law degree (LL.B).

I'd love the oppertunity to give these people a spanking good lesson in operating within the bounds of the law.

[modplod]

Certificated Bailiff (Marstons) Sussex Area

From what I can see this is a clear case of misrepresentation.

The threat of returning with a locksmith is absolutely shocking.

[ploddertom]

Certificated Bailiff (Marstons) Sussex Area

You must edit your posts to remove the names from them.

[ploddertom]

Certificated Bailiff (Marstons) Sussex Area

An Authorised HCEO can employ anyone to enforce the debt for him. This person may or may not be a Certificated Bailiff but in these circumstances the Bailiff Certificate does not apply and they assume the rights conferred on the Authorised HCEO who remains responsible for the actions of the agent he instructs..

[enquirer]

Certificated Bailiff (Marstons) Sussex Area

Deleted by poster.

[enquirer]

Certificated Bailiff (Marstons) Sussex Area

If your intention is to trap them, don't broadcast your plans! They read this forum too.

[modplod]

Certificated Bailiff (Marstons) Sussex Area

You must edit your posts to remove the names from them.

With utmost respect Everything stated by me here is FACT. Nothing I say here is defamatory. I merely name an officer whose name appears on a public available directory. It is perfectly lawful to state fact like this. This is how the newspapers run contencious stories.

However that said, out of respect for Ploddertom I have taken out references to the bailiffs name here.

I can see how many times Ploddertom has helped others on here and I don't wish to undermine him in any way. Respect where it's due.....

Thanks for clearing up the HCEO thing as well.

[modplod]

Certificated Bailiff (Marstons) Sussex Area

I don't seem to be able to delete the thread heading itself!

If a mod wants to delete the entire thead, I shall post a replacement thread instead (this time without the name)?

Aplogies to Ploddertom.

Bearing in mind how these bailiffs often carry on, it leaves a bad taste not being able to give names when they are the ones in the wrong....

Providing what you say is true there really isn't any defamation/libel/slander issue.

[Somecamel]

Certificated Bailiff (Marstons) Sussex Area

Same Bailiff that came to my house- I don't live far from Catsfield. I currently have a complaint in with the Police Commissioner about the conduct of the Police Constables that attended with the bailiff and am in the process of a FORM 4 Complaint about the bailiff.

[modplod]

Certificated Bailiff (Marstons) Sussex Area

Interesting but sorry to hear of your own problem.

Perhaps you might wish to impart the circumstances in more detail?

I'm a former Copper myself (18 years) and I know there are others on the forum.

I'd guess that the police officers concerned may have directly assisted the bailiffs in a legally defective siezure????

The problem with young police officers is that they are not really trained very well when it comes to this aspect of civil law. The stock answer for a PC turning up at a job like this is simply "It's a civil matter and we can only intervene to prevent a breach of the peace".

I did my training in the 1980's and we were encouraged to try and take the side of the householder in order to balance justice. This may have changed now that our government needs as much of our money as it can thieve.

I can honestly say that whenever I dealt with a situation like this I always tried to side with the householders. I would usually tell the householder to lock their door and refuse to say anything. The only time this wasn't so was when the bailiff was trying to recover Magistrates Courts fines for serious criminal offences (in which case I did everything in my power to help the bailiff).

In 1993 I arrested a bailiff after finding him grappling with a householder with his foot jammed inside the doorway! This was a regular trick to stop people from closing the door on them. I think he was let off with a informal bollocking by the Guvnor.

Police officers should NEVER directly assist bailiffs in the execution of their enforcement duties. With court Warrant Officers (criminal fines) we were told to help them as much as we could.

Whenever I had dealings with SUSSEX Police I always came away wondering if I wanted to remain in the same club as them...

I wish you every luck with your complaint.

[Somecamel]

Certificated Bailiff (Marstons) Sussex Area

Interesting but sorry to hear of your own problem.

Perhaps you might wish to impart the circumstances in more detail?

I'm a former Copper myself (18 years) and I know there are others on the forum.

I'd guess that the police officers concerned may have directly assisted the bailiffs in a legally defective siezure????

The problem with young police officers is that they are not really trained very well when it comes to this aspect of civil law. The stock answer for a PC turning up at a job like this is simply "It's a civil matter and we can only intervene to prevent a breach of the peace".

I did my training in the 1980's and we were encouraged to try and take the side of the householder in order to balance justice. This may have changed now that our government needs as much of our money as it can thieve.

I can honestly say that whenever I dealt with a situation like this I always tried to side with the householders. I would usually tell the householder to lock their door and refuse to say anything. The only time this wasn't so was when the bailiff was trying to recover Magistrates Courts fines for serious criminal offences (in which case I did everything in my power to help the bailiff).

In 1993 I arrested a bailiff after finding him grappling with a householder with his foot jammed inside the doorway! This was a regular trick to stop people from closing the door on them. I think he was let off with a informal bollocking by the Guvnor.

Police officers should NEVER directly assist bailiffs in the execution of their enforcement duties. With court Warrant Officers (criminal fines) we were told to help them as much as we could.

Whenever I had dealings with SUSSEX Police I always came away wondering if I wanted to remain in the same club as them...

I wish you every luck with your complaint.

Thanks- Don't want to take over this thread but this is a thread my misses started about this which explains what happened- Hope this helps

http://www.legalbeagles.info/forums/...fs-please-help

[modplod]

Certificated Bailiff (Marstons) Sussex Area

Your most welcome to take ANY of my threads. lol.

[modplod]

Certificated Bailiff (Marstons) Sussex Area

Oh my goodness - what an appalling incident. Can't say I'm that surprised though. I think this kind of thing goes on every single day. The bailiffs get away with it because joe public has no idea on their lame/feeble/non existant powers of force entry.

It would appear that the police officers abused their authority here! As someone has already pointed out on the thread, this is a very serious matter and something which a police officer can very easily lose his job for.

I would get some good legal advice and then consider issuing proceedings in the County Court against the bailiffs concerned and the Chief Constable for the area you reside.

I might also contact the media but be careful in this respect.

Have you had a search on You tube for TV licence avoidance? It makes interesting viewing... How exactly did they ever manage to prove you watched a TV without having a licence. You should never have never spoken to anyone. Remember even a police officer can't force you to say anything before/after arrest. These TV licence people work for a private company and possess almost no powers. It's a pity you ever gave them a name.

My lay advice for anyone dealing with bailiffs/TV Gestapo is to simply BOLT THE DOOR AND POLITELY REFUSE TO SAY ANYTHING!

[Somecamel]

Certificated Bailiff (Marstons) Sussex Area

I've been all over youtube and google trying find out the what the law is on this, had a few nights as a freeman:P

Police commissioner has until Tuesday to respond.

Was casually doing some research on the bailiff in question and came across her twitter- On the day she visited she wrote this

i love my job! sitting outside defendants house! ****ing him off right on christmas!! boom love it!!

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[labman]

Certificated Bailiff (Marstons) Sussex Area

I don't seem to be able to delete the thread heading itself!

If a mod wants to delete the entire thead, I shall post a replacement thread instead (this time without the name)?

Aplogies to Ploddertom.

Bearing in mind how these bailiffs often carry on, it leaves a bad taste not being able to give names when they are the ones in the wrong....

Providing what you say is true there really isn't any defamation/libel/slander issue.

I have edited the thread title for you. It is a general 'unwritten' policy of the site to play safe, and not name people.