Bailiff (HCEO) visit

[bluebottle]

Re: Bailiff (HCEO) visit

Very interesting points raised. However, the High Court Haemorrhoid involved in this case is skating on very thin ice legally. I would still be inclined to take pre-emptive action against the Haemorrhoid and the OC to prevent seizure of personal property.

[labman]

Re: Bailiff (HCEO) visit

Very interesting points raised. However, the High Court Haemorrhoid involved in this case is skating on very thin ice legally. I would still be inclined to take pre-emptive action against the Haemorrhoid and the OC to prevent seizure of personal property.

That is very interesting, as the police guide says along the lines of, "It is the duty of every constable to help a High Court Enforcement Officer in the execution of their duty."

Bet you found that one hard to swallow when you were a copper BB!

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

Ok i'll ask....

What does the OP do now then?

[labman]

Re: Bailiff (HCEO) visit

1. Apply for the Stay of Execution first as per a couple of posts ago - the link to the Form N244 is there.

2. Find out what has been ordered by the court - can they afford to make the repayments? If they can't, apply for a Variation of Order Form N245 Number 6 in following link:

Bailiff Stickies - Useful Links

I know it says Stop County Court Bailiffs, but it is the right form, it is dual purposed.

3. Report back with an update.

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

will pm him

[bluebottle]

Re: Bailiff (HCEO) visit

That is very interesting, as the police guide says along the lines of, "It is the duty of every constable to help a High Court Enforcement Officer in the execution of their duty."

Bet you found that one hard to swallow when you were a copper BB!

I'd already been retired when that ridiculous piece of legislation came into force. I can remember a senior police turning to a Sheriff (pre-HCEO days, again.) who was trying to evict peace protesters from a piece of common land adjacent to an airforce base and telling him, "If you and those f*****g brain-dead idiots you've brought with you raise a fist or stick the boot in, you and they are f*****g nicked!" Said senior police officer was well-known for not mincing their words. The "brain-dead idiots" referred to were private sector security officers. We did end up nicking a number of security officers for use of excessive force and ABH. The Sheriff was livid and reported the senior police officer. Nothing happened to the senior police officer, but the Sheriff had some explaining to do, especially when it was found that the eviction was unlawful.

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

Can the OP report the baillif for threatening behhaviour? he said the baillif was threatening on the phone and absolutely petrified his wife and kids

[bluebottle]

Re: Bailiff (HCEO) visit

There is a provision under Section 127, Communications Act 2003 which makes it an offence to make threatening telephone calls or emails. Warning this pillock of an HCEO of this provision is unlikely to get anywhere except over his head, but I am wondering if there is any mileage in threatening to report him to the Lord Chancellor for illegal behaviour. My thinking is that the Lord Chancellor appointed this pillock and should take responsibility for his actions. I am also wondering if sending a warning letter to the OC of their 100% vicarious liability for the HCEO's actions and the risk of any damages awarded against them outstripping what they are owed would force them to make the HCEO watch his step.

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

i just wanna DO something for them, ive been there, hiding in a room terrified im going to be found.

Hopefully being able to use the knowlegde you are giving him will give his wife a little control back!

[Malookoo]

Re: Bailiff (HCEO) visit

Ah well if the 'The Sherriffs Office' say its true it must be, after all they are a Limited Company promoting their businees!!!

Perhaps they can quote which part of the Courts Act 2003 that authorise this or any other Law?

Presumably they decided to visit his home having already visited the Companys business premises which are open to the public, having visited they suddenly had the very reasonable idea that all the stock,equipment, office equipment etc. worth levying on was kept at his home ( for convenience no doubt ).

Having had this reasonable thought and climbed over the gates and levied on vehicle, garden furniture and lawnmower ( one can only presume the companys business is a garden centre ).

As for 'The Sherriffs Office' from personel experience I doubt very much if they would know Lawfull if it bit them on the a*se.

[labman]

Re: Bailiff (HCEO) visit

As for 'The Sherriffs Office' from personel experience I doubt very much if they would know Lawfull if it bit them on the a*se.

Your spelling error leaves your response ambiguous. Do you mean from personal experience, as in your own experience, in which case, may I ask what it was?

Alternatively, do you mean from personnel experience, as in perhaps you used to be part of their personnel or came across their personnel in your line of work, in which case, again may I ask what it was?

If you don't believe them, then please refer to the extract quoted from the John Kruse book, then you might believe it. It is true.

[ploddertom]

Re: Bailiff (HCEO) visit

The reference to the Sherrifs Office was for the booklet advising procedure. The attending enforcement officer was from Marstons.

[Guest]

Re: Bailiff (HCEO) visit

Ah well if the 'The Sherriffs Office' say its true it must be, after all they are a Limited Company promoting their businees!!!

Perhaps they can quote which part of the Courts Act 2003 that authorise this or any other Law?

Presumably they decided to visit his home having already visited the Companys business premises which are open to the public, having visited they suddenly had the very reasonable idea that all the stock,equipment, office equipment etc. worth levying on was kept at his home ( for convenience no doubt ).

Having had this reasonable thought and climbed over the gates and levied on vehicle, garden furniture and lawnmower ( one can only presume the companys business is a garden centre ).

As for 'The Sherriffs Office' from personel experience I doubt very much if they would know Lawfull if it bit them on the a*se.

Hi
I think it is a fair point, although I would say it is also the case that nowhere in the statute is there anything that says that this is not the case.

It does seem to be their modus operandi, logically I would expect some kind of common law evidence if this was not the case, I certainly wouldn’t expect them to publish something in a document of this nature if it were untrue although of course it is possible.
If you could come up with some definitive proof of a contradictory position I for one would welcome it.
Peter

[labman]

Re: Bailiff (HCEO) visit

Guidance to Police Forces
8.0 APPENDIX B – BAILIFF RULES: GAINING ENTRY TO PREMISES

8.1 The actions of a bailiff lawfully entering a premises and seizing and selling goods to cover monies owed by the debtor, including the bailiff’s fees, is called ‘levying distress’. The term ‘distress’ used on its own generally means the procedure for bailiffs just to ‘seize’ goods; this may not necessarily involve removing and selling the goods.

8.3 To gain peaceful entry, the bailiff can walk through an open door, open an unlocked door, climb through an open window, and even climb over a wall or fence, provided no damage is caused in so doing.

8.5 Reasonable Force may be used to gain entry in these circumstances only:

c. The officer is a High Court Enforcement Officer and the premises to be entered with force are separate non-domestic premises, which are not connected to the living accommodation, e.g. a workshop or barn. Or, the premises are a third party's house where goods have been taken to avoid seizure by a bailiff.



Is that sufficient? I doubt the police would print it as national guidance if it were untrue. If insufficient, it will have to wait till tomorrow!

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

ok... guys im not diliberatly playing dumb here, but I was once asked to explain something i put, in english.. so..

I am reading all these regulations and your losing me when you say hello!

For the average jane in the street.. what does all this mean... in english please, does it help or hinder the OP and is there any part of it he can use?

If the baillif has entered a domestic property by climbing over a gate and been threatening to someone, petrified them and left them cowering upstairs, then showed the paperwork to the neighbours.. is there anything in those regulations that can stop this person doing it to someone else?

I hate to go back to the drawing board like this but I'm being honest and I honestly have no idea what it all means!


thanks

P