Law Excerpts Relevant to Bailiffs and Evictions

[gravytrain]

Re: Law Excerpts Relevant to Bailiffs and Evictions

If you cant help the OP you should remain silent salsmoss.

In my opinion they cannot enforce a warrant if it is not executed correctly and has all the right details and is signed by the judge,
However you cannot depend on this being the case, you need to approach the person who is organizing the repossession and let them know the position, I would contact the enforcing bank directly and talk to the relevant department, chances are that they do not even know that there is a sitting tenant in the property.
You should enlist the help of the local CAB or ask at you council office what local help is available, what you must not do is just wait for the bailiff to turn up and depend on this freeman stuff or that the paperwork will be incorrect, that must be a last resort only,

[PlanB]

Re: Law Excerpts Relevant to Bailiffs and Evictions

If you cant help the OP you should remain silent.

Ditto

The OP has been advised on her thread to make an application to the court to stay the eviction asap. She's reluctant to do this because (a) she believes her Landlord will 'sort it' because he says he will and (b) she hopes to fight the bailiffs on legal grounds despite being told this is unlikely to succeed.

If she really wants to go with option (b) then she has every right to seek information and advice on whether she has a legal leg to stand on. I don't think she has

[salsmoss]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Your posts are now ceasing to make sense. I stick up for a fellow poster and point out a few things I've noticed today and get told I can't handle the truth. So how exactly does that work? To which truths do you refer when you say your truths supplant mine?

Well il appologise if i have been a little het up but as you can imagine i am grateful to the method i used and if no one has ever used it then it was only right that i attempted to defend it as it has saved me. Also the main reason that i was defensive is that of suing the bailiff by milo, he wouldnt answer as to how it was done. so il leave it at that and apologise if i appeared offensive i really wasn't.

[mindful]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Ditto

The OP has been advised on her thread to make an application to the court to stay the eviction asap. She's reluctant to do this because (a) she believes her Landlord will 'sort it' because he says he will and (b) she hopes to fight the bailiffs on legal grounds despite being told this is unlikely to succeed.

If she really wants to go with option (b) then she has every right to seek information and advice on whether she has a legal leg to stand on. I don't think she has

So were my council wrong :confused2:

[gravytrain]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Well il appologise if i have been a little het up but as you can imagine i am grateful to the method i used and if no one has ever used it then it was only right that i attempted to defend it as it has saved me. Also the main reason that i was defensive is that of suing the bailiff by milo, he wouldnt answer as to how it was done. so il leave it at that and apologise if i appeared offensive i really wasn't.

Sorry but i do not believe you are sincere, Milo answered your questions quite comprehensively as did I an several others you just were either unwilling or unable to comprehend the answers, As for this "method working for you we are still awaiting the details and proof of any such thing, personally based on your input so far I think it is all a load of bull. As for not being offensive, please read your posts, on top of your other problems you seem to have memory lapses.

[gravytrain]

Re: Law Excerpts Relevant to Bailiffs and Evictions

So were my council wrong :confused2:

Maybe they were right they weren't if you wait for the bailiff to turn up it will depend on what happens on the day, I have been present on a few evictions and once you are out and they are in it is to late to quibble over paperwork, sometimes things just happen. You need to get this sorted before the bailiff arrives.

[mindful]

Re: Law Excerpts Relevant to Bailiffs and Evictions

But it has to be a "peaceful" entry - That's law

[mindful]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Sorry but i do not believe you are sincere, Milo answered your questions quite comprehensively as did I an several others you just were either unwilling or unable to comprehend the answers, As for this "method working for you we are still awaiting the details and proof of any such thing, personally based on your input so far I think it is all a load of bull. As for not being offensive, please read your posts, on top of your other problems you seem to have memory lapses.

I perhaps don't quite agree with salsmoss's approach but their knowing of law from what I've studied is quite correct!

[salsmoss]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Sorry but i do not believe you are sincere, Milo answered your questions quite comprehensively as did I an several others you just were either unwilling or unable to comprehend the answers, As for this "method working for you we are still awaiting the details and proof of any such thing, personally based on your input so far I think it is all a load of bull. As for not being offensive, please read your posts, on top of your other problems you seem to have memory lapses.

No you didnt nor did milo unless of course i missed it, could you explain once more how the bailiff can be sued for trespass and il be on my way

[gravytrain]

Re: Law Excerpts Relevant to Bailiffs and Evictions

But it has to be a "peaceful" entry - That's law

Who have you been talking to, this is a repossession not a bailiff visiting to levy goods, they are seeking to reposes their property.
As sitting tenant you may have rights but you will have to make them aware of your existence otherwise you will not be able to exercise them.

Don't be misled by YouTube videos of bailiffs being "seen off", yes most are down to incorrect paperwork but these are soon rectified and they are back the nest day, you don;t see that bit. The vast majority just go ahead correct paperwork or no, that is the real situation, you need to get this sorted now.

[labman]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Sometimes there is a lot of truth in the saying, "The law is an ass."

Police are supposed to attend with bailiff situations purely to keep the peace. Sadly, the police training in this area is so poor in many forces now, the police will help the bailiffs gain entry.

I think what Graytrain is hinting at is that if you don't act now, and rely 100% on the law, then the law may well let you down. Act now while time is more on your side and the law is much more likely to support you.

[gravytrain]

Re: Law Excerpts Relevant to Bailiffs and Evictions

No you didnt nor did milo unless of course i missed it, could you explain once more how the bailiff can be sued for trespass and il be on my way

You log onto claims on line, you will find it on Google it the HMCS website you fill in an N! form stating the cause for your belief that the bailif trespassed on your property, you claim an estimated amount for general losses say £20 then you send it of with the fee which i think is £75 but i cold be wrong on the amount, I haven't done it for a while.
If it were me I would write to the bailff before issuing the claim as the court would usually expect you to try and settle any disagreement amicably before going to law.

OK Now you could get a much better explanation from Mr Bankfodder on cag or just by going onto the HMCS website but for some reason you wanted to hear this idiots guide on here, so there you are.

[salsmoss]

Re: Law Excerpts Relevant to Bailiffs and Evictions

You log onto claims on line, you will find it on Google it the HMCS website you fill in an N! form stating the cause for your belief that the bailif trespassed on your property, you claim an estimated amount for general losses say £20 then you send it of with the fee which i think is £75 but i cold be wrong on the amount, I haven't done it for a while.
If it were me I would write to the bailff before issuing the claim as the court would usually expect you to try and settle any disagreement amicably before going to law.

OK Now you could get a much better explanation from Mr Bankfodder on cag or just by going onto the HMCS website but for some reason you wanted to hear this idiots guide on here, so there you are.

Thank you very much for that, its a trespass after ignoring my notice to stay off my premises, as i understand its possible to sue a bailiff for trespass if you verbally tell him to leave and he refuses so lets just hope the notice would be seen as the same thing. Thanks again

[gravytrain]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Thank you very much for that, its a trespass after ignoring my notice to stay off my premises, as i understand its possible to sue a bailiff for trespass if you verbally tell him to leave and he refuses so lets just hope the notice would be seen as the same thing. Thanks again

Milo presented a case where someone tried to use the notice to show trespass the judge threw the case out and awarded costs to the other side.
Do you know what that means.
It means that the argument does not work, it means that these notices have no standing in law, as far as the court is concerned they are so much waste paper.

[labman]

Re: Law Excerpts Relevant to Bailiffs and Evictions

Maybe back to helping this poster now? They've had some solid advice on here tonight.