Please help with baliff!

[seduraed]

Re: Please help with baliff!

I ssuspect thetthe law of dimishing returns might start to apply if they clamp cars Willy nilly

[bizzybob]

Re: Please help with baliff!

I ssuspect thetthe law of dimishing returns might start to apply if they clamp cars Willy nilly

We just need a few highly publicised cases where they clamp a car near a debtors home that doesn't belong to them, but are the property of a third party randomer, and make the real owner jump through hoops like demanding THEY pay the debt like JBW have been known to do, and Jacobs who have been caught out by this notably with a VW camper owned by a third party that was at the debtors address awaiting repair they took and sold.

Maybe then there could be justification to end random clamping by bailiffs.

[bluebottle]

Re: Please help with baliff!

We just need a few highly publicised cases where they clamp a car near a debtors home that doesn't belong to them, but are the property of a third party randomer, and make the real owner jump through hoops like demanding THEY pay the debt like JBW have been known to do, and Jacobs who have been caught out by this notably with a VW camper owned by a third party that was at the debtors address awaiting repair they took and sold.

Maybe then there could be justification to end random clamping by bailiffs.

By behaving like that, bb, a bailiff company compounds their liability and that of the creditor for damages for Trespass on Land, Trespass Against Property, Unlawful Interference With Property, Unlawful Detention of Property and, possibly, Fraud and Blackmail, also. A criminal appeal at Hove Crown Court just before Christmas 2012 confirmed that a householder/legitimate owner of goods has a right to use reasonable force against a bailiff who is acting ultra vires and has illegally forced their way into the householder's home and/or attempts to illegally seize or remove goods. In the case highlighted, the bailiffs cooked up a fairy story which the police fell for hook, line and sinker. However, when it went to appeal, the bailiffs did everything possible to avoid going in front of HHJ Brown, the most senior Circuit Judge on the South Eastern Criminal Circuit. In the end, the police and CPS admitted they had no grounds in law for arresting and prosecuting the householder whose home had been illegally entered by two certificated bailiffs.

[bizzybob]

Re: Please help with baliff!

Was not that a long saga on another forum BB?

[CleverClogs]

Re: Please help with baliff!

A criminal appeal at Hove Crown Court just before Christmas 2012 confirmed that a householder/legitimate owner of goods has a right to use reasonable force against a bailiff who is acting ultra vires and has illegally forced their way into the householder's home and/or attempts to illegally seize or remove goods. In the case highlighted, the bailiffs cooked up a fairy story which the police fell for hook, line and sinker. However, when it went to appeal, the bailiffs did everything possible to avoid going in front of HHJ Brown, the most senior Circuit Judge on the South Eastern Criminal Circuit. In the end, the police and CPS admitted they had no grounds in law for arresting and prosecuting the householder whose home had been illegally entered by two certificated bailiffs.

Any chance of a reference?

[bluebottle]

Re: Please help with baliff!

Was not that a long saga on another forum BB?

Absolutely correct there, bb.

[bluebottle]

Re: Please help with baliff!

Any chance of a reference?

It's on CAG, CC. However, it is a very lengthy thread and the OP involved is in the process of litigating the matter under Civil Law. Very briefly, the OP's local authority cocked-up her CT payments and credited them to someone else's account, something the LA subsequently admitted. The LA wrongfully obtained an LO which a bailiff company under contract to them illegally forced entry to the OP's home, causing damage and assaulting her and her husband. The two bailiffs, realising they were in the sewage effluent, cooked up a fairy story between them that the OP had assaulted them. However, their statements to the police were inconsistent with what actually happened. The local police, being the muppets they are, arrested and charged the OP with assault and, at the local magistrates court, the OP was convicted by three JPs. 12 months later, HHJ Brown ruled that the OP was entitled to use reasonable force to remove the bailiffs after they had twice been asked to leave. The CPS and local police got slammed by HHJ Brown for their actions as they could not prove there were grounds , in law, to arrest or prosecute the OP.

[bizzybob]

Re: Please help with baliff!

It's on CAG, CC. However, it is a very lengthy thread and the OP involved is in the process of litigating the matter under Civil Law. Very briefly, the OP's local authority cocked-up her CT payments and credited them to someone else's account, something the LA subsequently admitted. The LA wrongfully obtained an LO which a bailiff company under contract to them illegally forced entry to the OP's home, causing damage and assaulting her and her husband. The two bailiffs, realising they were in the sewage effluent, cooked up a fairy story between them that the OP had assaulted them. However, their statements to the police were inconsistent with what actually happened. The local police, being the muppets they are, arrested and charged the OP with assault and, at the local magistrates court, the OP was convicted by three JPs. 12 months later, HHJ Brown ruled that the OP was entitled to use reasonable force to remove the bailiffs after they had twice been asked to leave. The CPS and local police got slammed by HHJ Brown for their actions as they could not prove there were grounds , in law, to arrest or prosecute the OP.

I think the bailiffs invovled were, surprise (not) rossendales, and the thread has been suspended as the case is now most likely subjudice, the victim being involved in action against bailiffs, LA and police. Suffice to say they tried to bully the victim into submission and silence her with trumped up charges to destroy their credibility. The ploy was seen for the tissue of lies it was by the appeal judge. This case alone is sufficiently serious to get Rossers closed down.

[bluebottle]

Re: Please help with baliff!

I think the bailiffs invovled were, surprise (not) rossendales, and the thread has been suspended as the case is now most likely subjudice, the victim being involved in action against bailiffs, LA and police. Suffice to say they tried to bully the victim into submission and silence her with trumped up charges to destroy their credibility. The ploy was seen for the tissue of lies it was by the appeal judge. This case alone is sufficiently serious to get Rossers closed down.

That's the one, bb. As for Rossers being closed down, I wouldn't be surprised if OFT revoked their Category F Debt Collection Licence and I would not be surprised either if they lost a number of public debt contracts as a result. Don't forget that Rossers have contracts with the CSA and Legal Services Commission (LSC) for collection of Legal Aid contributions. It would be interesting to see if Rossers kiss those two contracts tatty-bye.

[CleverClogs]

Re: Please help with baliff!

That's the one, bb. As for Rossers being closed down, I wouldn't be surprised if OFT revoked their Category F Debt Collection Licence and I would not be surprised either if they lost a number of public debt contracts as a result. Don't forget that Rossers have contracts with the CSA and Legal Services Commission (LSC) for collection of Legal Aid contributions. It would be interesting to see if Rossers kiss those two contracts tatty-bye.

I'd be astounded if there were to be any serious repercussions against Rossendales, as that would require some actual effort by civil servants - for one thing, they'd need to find a replacement company.

[Somecamel]

Re: Please help with baliff!

Wow, the thought of a bailiff kicking off on my doorstep is truly disturbing! Don't they have some kind of code of conduct they're meant to adhere to, are they all this revolting?? She was pretty pushy, she was definitely trying to scare me, and it worked.
So if I understand you correctly, the council have to pay the charges which I'm fairly certain they will have lumped into this bill?
Also, in my original post I mentioned making payments direct to the council, should I still go ahead and do this, while sorting the other stuff?
And, should I still try and get her name to check if she is actually certified? God it's like preparing for war this!
Thank you bluebottle

Dare I ask what part of the country your in? County would be fine

[bluebottle]

Re: Please help with baliff!

I'd be astounded if there were to be any serious repercussions against Rossendales, as that would require some actual effort by civil servants - for one thing, they'd need to find a replacement company.

Law of Consequences, CC. You only get away with it for so long before it comes back and smacks you in the mouth.

[CleverClogs]

Re: Please help with baliff!

Don't they have some kind of code of conduct they're meant to adhere to,

Yes.

are they all this revolting??

Again, yes. Most are, at least.

She was pretty

That seems to rule out Boadicea Boswell. msl:

And, should I still try and get her name to check if she is actually certified?

Yes, though the most you'd be able to learn is whether she's certificated.

Whether or not she's been certified may be in an NHS database. :rofl:

[bizzybob]

Re: Please help with baliff!

Yes.


Again, yes. Most are, at least.


That seems to rule out Boadicea Boswell. msl:


Yes, though the most you'd be able to learn is whether she's certificated.

Whether or not she's been certified may be in an NHS database. :rofl:

If Boswell is certified, Broadmoor or Rampton would be a suitable residence, or the nearest secure Mental Health Facility, she is one ranting munter.

[bluebottle]

Re: Please help with baliff!

If Boswell is certified, Broadmoor or Rampton would be a suitable residence, or the nearest secure Mental Health Facility, she is one ranting munter.

Her conduct and FB postings tend to suggest something along those lines.