Very pushy Bailiff - felt afraid and violated

[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.

[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

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

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.

[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!

[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

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!!!

[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.