bully boy bailiffs

[michael porter]

hello all. my home is under attack from bailiffs. even though my son has paid 14 pcn's in the last year, one ticket did not reach him, nor did the notice to owner. now collect services ltd are demanding £410.34 [random amount]. the house is mine not his , so am i right in thinking i can call the police if they try to force entry ?? they have also threatened in writing to gain legal entry even in my absence. surely that threat must be illegal ?

[MissFM]

Re: bully boy bailiffs

Hello Michael Porter and to Legal Beagles!

There are members here who know a great deal about bailiff issues and no doubt one will be along shortly to help you x

[ploddertom]

Re: bully boy bailiffs

hello all. my home is under attack from bailiffs. even though my son has paid 14 pcn's in the last year, one ticket did not reach him, nor did the notice to owner. now collect services ltd are demanding £410.34 [random amount]. the house is mine not his , so am i right in thinking i can call the police if they try to force entry ?? they have also threatened in writing to gain legal entry even in my absence. surely that threat must be illegal ?

Can you tell us some more about this? The threat of removing goods in your absence is quite ambiguous as they fail to say that it usually just applies to any goods of value outside. I'll ask your thread is moved to the Bailiff Forum.

[Tools]

Re: bully boy bailiffs

Moved into Bailiffs Forum as requested

[bluebottle]

Re: bully boy bailiffs

They cannot force entry unless they have an order, signed in ink, by a judge or have previously gained peaceable entry on a previous occasion and have a valid and lawful levy. Without either of the foregoing, the bailiffs are stuffed. Also, threatening to break the locks on your home is illegal, as is entering your home without lawful authority. Although bailiffs make such threats in an attempt to intimidate people into paying, strictly speaking, they are treading on dangerous ground, in the legal sense, if they do not have lawful authority.

[bizzybob]

Re: bully boy bailiffs

Are these Council PCN, if so the bailiff cannot force entry, even under the Domestic Crimes and Violence Act, as they are not criminal.

What bailiff company is this, please?

[bluebottle]

Re: bully boy bailiffs

Are these Council PCN, if so the bailiff cannot force entry, even under the Domestic Crimes and Violence Act, as they are not criminal.

What bailiff company is this, please?

Collect Services, BB.

[labman]

Re: bully boy bailiffs

Your son needs to complete a Statutory Declaration Out of Time.

The link below gives you details of the process. It won't get rid of the fine, but it will take it back to a point where the 50% discount still applies.

Have a read of this and your son should be able to get things resolved:

http://www.legalbeagles.info/forums/...rking-Offences

[Milo]

Re: bully boy bailiffs

Sorry labman,

The subject of Out of Time applications is pretty complicated and is a subject that has been of GREAT interest to me personally for at least 6 years!!!

The local authorities do NOT understand these applications and sadly reject so many without even looking at them!!! Shocking but true.

It is not made easier with some other forums stating that filing such an application will revoke the warrant. NO !!! This is NOT TRUE!!!

IF...and only IF the application is accepted will the PCN be rewound to the NtO stage. When I started assisting people with such applications back in 2006/7 approx 70% were accepted and the warrant revoked.

It is sadly the case that many people do not understand how to complete the form....and some less reputable websites routinely advise debtors to complete the forms ( despite not having the grounds to do so) in the mistaken belief that this will immediately revoke all action by the bailiff. This has had a damaging effect with latest figures from TEC showing that over 70% of such applications are now rejected. A complete turnaround.

In this particular case, an Out of Time application appears to be appropriate.

[labman]

Re: bully boy bailiffs

Sorry labman,


In this particular case, an Out of Time application appears to be appropriate.

Why sorry? You agreed with me.


If it had not been appropriate I wouldn't have suggested it.

The link in my post explains about it having to be accepted etc.

No need to apologise for agreeing with me, and I will always bow to your greater knowledge anyway.

[Sir Vere Brayne d'Emmidge]

Re: bully boy bailiffs

hello all. my home is under attack from bailiffs. even though my son has paid 14 pcn's in the last year, one ticket did not reach him, nor did the notice to owner. now collect services ltd are demanding £410.34 [random amount]. the house is mine not his , so am i right in thinking i can call the police if they try to force entry ?? they have also threatened in writing to gain legal entry even in my absence. surely that threat must be illegal ?

The only warrant that allows a bailiff to break into someone's property, even in their absence, by using a locksmith, is a DISTRESS warrant, but only after they have being given the go ahead by the Court.

If what they have for your son is a warrant of EXECUTION, and the threat was made in writing you have the bailiff by the short and curlies!

If they do try to force entry you should dial 999 and report an attemped breaking and entry in progress...do remember, you can use "reasonable" force to defend you and your property, in your case a cricket bat swang á la Boycott would be reasonable

[CleverClogs]

Re: bully boy bailiffs

do remember, you can use "reasonable" force to defend you and your property, in your case a cricket bat swung á la Boycott would be reasonable

Boycott?

Rather than Gilbert Jessop? (link)

[michael porter]

Re: bully boy bailiffs

Your son needs to complete a Statutory Declaration Out of Time.

The link below gives you details of the process. It won't get rid of the fine, but it will take it back to a point where the 50% discount still applies.

Have a read of this and your son should be able to get things resolved:

http://www.legalbeagles.info/forums/...rking-Offences

thank you experts. this truly is what the internet was invented for

[CleverClogs]

Re: bully boy bailiffs

thank you experts. this truly is what the internet was invented for

Rather than for facilitating communications in the (unlikely) event of the Commies launching a thermonuclear strike on the good ol' US of A?

[bluebottle]

Re: bully boy bailiffs

The only warrant that allows a bailiff to break into someone's property, even in their absence, by using a locksmith, is a DISTRESS warrant, but only after they have being given the go ahead by the Court.

If what they have for your son is a warrant of EXECUTION, and the threat was made in writing you have the bailiff by the short and curlies!

If they do try to force entry you should dial 999 and report an attemped breaking and entry in progress...do remember, you can use "reasonable" force to defend you and your property, in your case a cricket bat swang á la Boycott would be reasonable

Absolutely, Sir Vere. The right to use reasonable force to eject a bailiff who has entered your home unlawfully/illegally was confirmed in the case of R -v- Tucker [2012] (Criminal Appeal) at Hove Crown Court. The two certificated bailiffs involved subsequently had their certificates revoked.