Very pushy Bailiff - felt afraid and violated

[Opus]

Having never experienced a bailiff before I stupidly invited him in as there was a mix up with the council tax and I was prepared to show him what was really the situation. I thus invited him in - yes I now know - big mistake.

I explained the matter was still being processed with the council even this week and I have proof - yet the bailiff showed up at my door i'm gobsmacked as Im being billed for all this too, he wanted the full amount. I showed him the email etc. Things were seemingly amicable until he wanted to put my laptop on the levy. My home is filled with expensive gear I said pick anything but - he said you dont get to choose. He forced himself into my office and I body blocked him saying I'm a female on my own and your not allowed to do this. I said pick anything but - he then turned sour and said youve just burnt your bridge the money is due in 5 days no negoatiation (this after he said there would be payments on whatever was left owing) and as he left he said "i'm taking down your license plate". i really want to let complain to the council as they have not provided the up to date correspondance on the matter. What can I do about this - I feel very violated.What can i do (if anything) on this. and yes Ive signed the levvy.

[Celestine]

Re: Very pushy Bailiff - felt afraid and violated

That's due to the fact that I was regarded as a troll for giving advise, do legal beagles high ranking members/admins not like alternative methods? Very suspicious i say for banning me without discussion, hiding discussions and accusing me of being a troll is highly questionable in regards to your advise.

Bluebottle please explain why you are contacting police in regards to ACPO, no breach of the peace, now what?

Earlier this year, I asked a group of respected LB members to overhaul and finalise our bailiff guides to create an approach that we feel best currently fits the legalities of bailiff law.

I'm well aware there are other sites/people with alternative views, but strangely, I grew tired of witnessing unhelpful 'debates' breaking out on victims threads.

Hence, if you come here, merely to challenge our view of Bailiff legislation, then you will have a very short stay. Perhaps you'd best remain on those sites whose approach you advocate, rather than a dim attempt to drum up support for their views on a long established site such as Legal Beagles.

[teaboy2]

Re: Very pushy Bailiff - felt afraid and violated

Right and replying to the thread under a new username admitting your previous one was banned, is basically the kind of level of intelligence one would expect from a troll. By the way, if you don't agree with the law and legislation take it up with your MP, as advice given on this site is based on law, not of ones personal opinion, like that of yours!!!

[smartalec]

Re: Very pushy Bailiff - felt afraid and violated

enkat clearly trying to confuse things because unless the debt is for a court a fine, then that bailiff most gain peaceful entry in to the home, prior to leving goods. Taking Enkats alternative advice would help the debtor how exactly? Ohh thats right he/she failed to advise any alternative advice!

That's due to the fact that I was regarded as a troll for giving advise, do legal beagles high ranking members/admins not like alternative methods? Very suspicious i say for banning me without discussion, hiding discussions and accusing me of being a troll is highly questionable in regards to your advise.

Bluebottle please explain why you are contacting police in regards to ACPO, no breach of the peace, now what?

[teaboy2]

Re: Very pushy Bailiff - felt afraid and violated

enkat clearly trying to confuse things because unless the debt is for a court a fine, then that bailiff most gain peaceful entry in to the home, prior to leving goods. Taking Enkats alternative advice would help the debtor how exactly? Ohh thats right he/she failed to advise any alternative advice!

[bluebottle]

Re: Very pushy Bailiff - felt afraid and violated

I understand what your saying bluebottle/plodertom/teaboy2/springerspanniel, but imho contacting our MP's/police or filling in statuary demands are simply time consuming and doesn't stop bailiffs at all, MP's simply don't know much about bailiffs and if they do why don't they advertise it for the people? The police get called by the bailiff and take the bailiffs side 99% of the time, they have no idea about civil law and are in attendance in the hope a criminal offence occurs (breach of the peace).

People don't need advice on filling forms or speaking to the MP who would help the council first not you, it is corrupt and you know it and everyone else knows it but are unaware of methods that can be used against bailiffs that the bailiff use against us. Everyone is aware something is not right.

Here is a scenario, bailiff attends with a warrant of execution/ warrant to remove goods scary stuff, all they need to do is gain entry to your home and will lie to you whether police are in attendance or not. A police officer gets shown a warrant and cannot even tell if its fake or just typed up on the office computer, the police will explain to us that the bailiff has a warrant and we let them in, JOB DONE.

What do we do now fill in statutory declarations a few days later? Our personal items have been taken away by the removal van with police watching, call your solicitor and he will say "nothing i can do", call your MP and he/she will mummble and groan with no idea what to do, fill in statutory declarations and whoever deals with them will say "you owe council tax, you should pay up or lose your belongings".

People miss payments on loans and council tax due to the fact that everyone is in the same boat and are struggling to make ends meet but councils and bailiffs do not care 2 hoots about your situation all they want is cash from us all, sending members to fill in forms, declarations and read legislation is all playing into their hands, thats why many many people are ripped off by massive charges, its a disgrace this system.

It might interest you to know, Enkat, that I am chasing up the situation as regards the police with ACPO. As soon as I receive a response, I will post it up.

[enkat]

Re: Very pushy Bailiff - felt afraid and violated

I understand what your saying bluebottle/plodertom/teaboy2/springerspanniel, but imho contacting our MP's/police or filling in statuary demands are simply time consuming and doesn't stop bailiffs at all, MP's simply don't know much about bailiffs and if they do why don't they advertise it for the people? The police get called by the bailiff and take the bailiffs side 99% of the time, they have no idea about civil law and are in attendance in the hope a criminal offence occurs (breach of the peace).

People don't need advice on filling forms or speaking to the MP who would help the council first not you, it is corrupt and you know it and everyone else knows it but are unaware of methods that can be used against bailiffs that the bailiff use against us. Everyone is aware something is not right.

Here is a scenario, bailiff attends with a warrant of execution/ warrant to remove goods scary stuff, all they need to do is gain entry to your home and will lie to you whether police are in attendance or not. A police officer gets shown a warrant and cannot even tell if its fake or just typed up on the office computer, the police will explain to us that the bailiff has a warrant and we let them in, JOB DONE.

What do we do now fill in statutory declarations a few days later? Our personal items have been taken away by the removal van with police watching, call your solicitor and he will say "nothing i can do", call your MP and he/she will mummble and groan with no idea what to do, fill in statutory declarations and whoever deals with them will say "you owe council tax, you should pay up or lose your belongings".

People miss payments on loans and council tax due to the fact that everyone is in the same boat and are struggling to make ends meet but councils and bailiffs do not care 2 hoots about your situation all they want is cash from us all, sending members to fill in forms, declarations and read legislation is all playing into their hands, thats why many many people are ripped off by massive charges, its a disgrace this system.

[bluebottle]

Re: Very pushy Bailiff - felt afraid and violated

What i am saying is that these levies once signed for are now forcible via agreement, the bailiff can and will levy on items to cover the debt and charges regardless of whether they are on HP or not. If the OP cannot show proof on the day that the item levied upon is on HP or owned by someone else then the bailiff will list it. If the bailiff removes items they will explain that if a particular item is in fact on HP then the OP can reclaim it back by way of proof via a letter from HP company or a receipt, police wont get involved due to the signed agreement between bailiff and OP.

The bailiffs job is to collect on debts, be it council tax or unpaid loans etc, it is the OP responsibility to prove the item does not belong to them.

Unfortunately, Enkat, the law doesn't work in the way you seem to believe it does. Certificated bailiffs are not exactly compliant with the law as it relates to distress and generally. In many cases that have come on LB and another site I post on, it is blindingly obvious that the bailiff has acted unlawfully and, in a number of cases, illegally. As an example, a bailiff who obtains a levy by tricking their way into a debtor's home is acting illegally, as permission must be given freely and the bailiff must not resort to deceit or coercion in order to gain entry. In fact, any entry obtained in this manner may amount to the offence of Burglary Artifice. Any levy obtained in this way would, in all probability, be invalid.

From the circumstances the OP has described, the bailiff has, in all probability, acted unlawfully. This is because the matter was in dispute with the local authority and being investigated by them. Therefore, enforcement should have been suspended and the bailiff had no business being where he was. It also appears the bailiff exploited the OP's lack of knowledge of the law. This would not go down well with a court.

[enkat]

Re: Very pushy Bailiff - felt afraid and violated

What i am saying is that these levies once signed for are now forcible via agreement, the bailiff can and will levy on items to cover the debt and charges regardless of whether they are on HP or not. If the OP cannot show proof on the day that the item levied upon is on HP or owned by someone else then the bailiff will list it. If the bailiff removes items they will explain that if a particular item is in fact on HP then the OP can reclaim it back by way of proof via a letter from HP company or a receipt, police wont get involved due to the signed agreement between bailiff and OP.

The bailiffs job is to collect on debts, be it council tax or unpaid loans etc, it is the OP responsibility to prove the item does not belong to them.

[ploddertom]

Re: Very pushy Bailiff - felt afraid and violated

Hi Plod, if the OP has signed anything then she has agreed to the levy.

The levy may still be invalid, unlawful, excessive or irregular dependent on the items seized, they may be on HP. Lease, belong to a 3rd party or exempt. Until such time as we know what has been seized, what debt was initially owing or how & when payments are made then you cannot jump to conclusions. Many times the Bailiff has over egged the basket and had to remove levies because they have been too eager to overcharge and been caught out. The best one I know of is the one who sold the debtors car despite being ordered not to by a Judge - they were over confident - not only did they face the wrath of the Judge but they had to go cap in hand to who they had sold it to and retrieve it. Best bit about it was the "new" owner had not only serviced it but had also put new alloys & tyres on it which also had to be refunded. Since this happened I have only ever seen reference to the company once since - they learnt the hard way.

[enkat]

Re: Very pushy Bailiff - felt afraid and violated

How do you prove it?

[teaboy2]

Re: Very pushy Bailiff - felt afraid and violated

Not necessarily, as it could be deemed as signed under duress, plus the debt has already been paid, therefore their is no debt owed in which goods have been levied for!

[enkat]

Re: Very pushy Bailiff - felt afraid and violated

Not necessarily but unfortunately the OP has never returned to answer any queries.

Hi Plod, if the OP has signed anything then she has agreed to the levy.

[TopBoy]

Re: Very pushy Bailiff - felt afraid and violated

if this mongrel forced his way in isit not a police matter now must be a hard man to treat a woman like this

Check out the 1st paragraph - the bailiff was invited in so no forced entry took place.

[ploddertom]

Re: Very pushy Bailiff - felt afraid and violated

Unfortunately you signed the levy making it enforceable.

Not necessarily but unfortunately the OP has never returned to answer any queries.