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Has this bailiff breached my human rights (or has my council)

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  • Has this bailiff breached my human rights (or has my council)

    Can a council breach your human rights (fair trial and rights to your own goods)because his bailiff has acted without them knowing
    ive got a case that may surprise you all and hopefully you feel the need to help me

    here goes

    business rates wanted 3495 from me .i had 2 businesses in one building.the debtro had no assets .the other one had 500k

    bailiff seized everything in warehouse then said prove ownership.he then took my fax

    within 24 hours we had proved ownership but they refused to send the goods back .it had taken them 9 wagon loads.the assets were vending machines

    this drove me into a mental hospital


    my funders of the assets were not happy and promised to bust me if i didnt get the goods back .i was still in mentall hospital and remained in day hospital for nearly 2 years


    heres the crux

    after 3 months they said i could have the goods back but only if i signed a indemnity to say i wouldnt sue them
    i was under mental health care
    they never told the council that they had issued this letter as obviousley the council would never have allowed that coercian to sign a document refusing you the right a to my own goods and b to my triall and redress

    they knew my funders were putting pressure on me and likelyhood company would go bust so i couldnt sue


    unfortunately i was personally guaranteed and lost my 1 million pound home and 9 years of my life


    so tell me where they are wrong .id love all your views

    my council have admitted not having the letter and have so far refused 20 freedom of info requests.they cannot answer the unlawfulness of the seizure or the financial abuse they are party to
    Tags: None

  • #2
    How long ago did this happen? Who were the Bailiffs?

    Comment


    • #3
      Originally posted by ploddertom View Post
      How long ago did this happen? Who were the Bailiffs?
      it was 9 years ago .im just coming round:-( and before anyone mentions the limitation act i have been advised because it has only come to us that the council were unaware of the abusive coercian that limitation will be extended under section 14 .

      theirs 2 plays in mind
      criminal charge against the biggest bailiffs in the country with limitation extended or

      sueing the council for negligence for failing to audit their bailiffs and vicariousley or under the 1996 act breaching my human rights .ie i signed away rights to a fair trial .

      the bailiffs realised they screwed up and needed to bust me so i couldnt sue .unfortunately my mental health got worse

      Comment


      • #4
        I would suggest in the first instance you contact your local Councillor(s) via www.writetothem.com to see if they can help. Given the passage of time neither Council or Bailiffs may have paperwork spanning the period.

        Comment


        • #5
          Originally posted by ploddertom View Post
          I would suggest in the first instance you contact your local Councillor(s) via www.writetothem.com to see if they can help. Given the passage of time neither Council or Bailiffs may have paperwork spanning the period.
          thanks .i have all the paperwork so no problem ,was just lookign to see if anyone had ever seen a consent form asked to be signed before they return your goods to you .i think its abuse to hold onto goods they know arent theirs

          Comment


          • #6
            Appearance of authority in legal proceedings

            76. Where a contractor is authorised by virtue of this Order to exercise the function of applying to the magistrates' court for a liability order or taking steps to levy any amount by distress and sale of the goods of any person, section 223 of the Local Government Act 1972 (appearance of local authorities in legal proceedings)(1) shall have effect in relation to—

            (a)the hearing of an application for a liability order, and

            (b)an appeal brought by any person in connection with the distress,

            as if the contractor were an officer of the authority.

            Comment


            • #7
              Article 76 allows that the council's agents, if an appeal is made over distress, can act in court in the same way as if the council themselves were appearing - it effectively confers the council's powers of audience in the magistrate's court on to them. It's not particularly relevant in your case as it's aimed at cases where the council contract out functions, not where they use an enforcement agent under regulation 14 of the Non-Domestic Collection and Enforcement Regulations.

              The enforcement agents would have to be granted the delegated powers to act on behalf of the council under the Order before it would affect them, which wouldn't be required because, as the defendants, they would have the right to appear in any appeal anyway.

              Comment

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