If a bailiff is asked to leave before they have levied, do they have to?

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

I understand that bailiffs doing what bailiffs do is a bloody pain in the backside. But putting aside the rhetoric regarding the fire service.

What was the bailiff actually doing wrong ? He was securing goods, impounding is his lawful right given to him under legislation and the distress order. The police were merely assisting him in performing these.

No one is saying that this is not an unpleasant and probably immoral activity, but illegal, really ? If so what law has been broken.

Police officers are legally-required to assist HCEOs. That is enshrined in law. They are not, however, required to assist certificated bailiffs, nor are they to get involved in assisting a certificated bailiff. Home Office Guidelines refer.

[CleverClogs]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Bailiffs have rules to follow, breaching them is unlawful and can cost the bailiff their job

How likely is that to happen?

[wales01man]

Re: If a bailiff is asked to leave before they have levied, do they have to?

How likely is that to happen?

Rarely?

[bizzybob]

Re: If a bailiff is asked to leave before they have levied, do they have to?

How likely is that to happen?

As likely as getting a good cup of Earl Grey from a chocolate teapot

[Guest]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Come on guys, lets get this thread back on track shall we.

The bailiff had no lawful right to clamp the car in this case, the answer as to why is in the Threads Title, "without Levy". Without a levy the bailiff can not seize goods, including clamping the car. There was also no previous communication from the bailiff, giving the OP time to pay or make a arrangements to make a repayment schedule. A bailiff can not turn up on first visit and clamp a car or take any goods without first levying the car or goods and then returning at a later date after issuing the levy to collect payment or take goods.

Bailiffs have rules to follow, breaching them is unlawful and can cost the bailiff their job, not that it stops them from trying to hoodwink people or the police!

I was under the impression that bailiffs can size goods on their first visit, in fact the walking possession is the process of seizing goods but agreeing to leave them in the custody of the debtor.

Police assist bailiffs by preventing a breach of the peace, which would undoubtedly occur if the debtor interfere with the lawful impounding of goods.

[labman]

Re: If a bailiff is asked to leave before they have levied, do they have to?

I was under the impression that bailiffs can size goods on their first visit, in fact the walking possession is the process of seizing goods but agreeing to leave them in the custody of the debtor.

Police assist bailiffs by preventing a breach of the peace, which would undoubtedly occur if the debtor interfere with the lawful impounding of goods.

They can! If they levy a vehicle they should leave a Form 7:

http://www.legislation.gov.uk/uksi/1...heading/7/made

[Guest]

Re: If a bailiff is asked to leave before they have levied, do they have to?

They can! If they levy a vehicle they should leave a Form 7:

http://www.legislation.gov.uk/uksi/1...heading/7/made

Yes they should, I think you would have a problem claiming an invalid levy on the strength of a missing form 7, in any case my point was that the statement made by teaboy2 is incorrect, goods can and are sized(clamped) on the first visit.

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

I was under the impression that bailiffs can size goods on their first visit, in fact the walking possession is the process of seizing goods but agreeing to leave them in the custody of the debtor.

Police assist bailiffs by preventing a breach of the peace, which would undoubtedly occur if the debtor interfere with the lawful impounding of goods.

Once again, Home Office Guidelines refer. Police officers must not assist certificated bailiffs in any way. If a police officer is doing their job correctly, they should first establish that the bailiff has a right in law or lawful authority to be be where they are at the material time and to act as they propose to do so, are doing or have done. If the bailiff has no lawful authority or no right in law to be where they are and to do what they propose to do, are doing or have done, then the police officer can and should intervene and prevent a breach of the law. Notwithstanding, a person has a right to protect their goods and chattels from unlawful interference and unlawful detention and where a bailiff has no right in law and/or no lawful authority to be where they are, the householder has a right to use as much reasonable force as is necessary to remove them.

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Yes they should, I think you would have a problem claiming an invalid levy on the strength of a missing form 7, in any case my point was that the statement made by teaboy2 is incorrect, goods can and are sized(clamped) on the first visit.

Right in Law and Lawful Authority apply. If these two principles cannot be satisfied, the bailiff is stuffed. Likewise, if the bailiff does not comply with the conditions attached to a warrant and follow correct procedures, they are going to be stuffed if a levy and seizure go mammaries up.

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

They can! If they levy a vehicle they should leave a Form 7:

http://www.legislation.gov.uk/uksi/1...heading/7/made

Exactly. How else can they prove they have lawfully levied and seized a vehicle?

[Guest]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Once again, Home Office Guidelines refer. Police officers must not assist certificated bailiffs in any way. If a police officer is doing their job correctly, they should first establish that the bailiff has a right in law or lawful authority to be be where they are at the material time and to act as they propose to do so, are doing or have done. If the bailiff has no lawful authority or no right in law to be where they are and to do what they propose to do, are doing or have done, then the police officer can and should intervene and prevent a breach of the law. Notwithstanding, a person has a right to protect their goods and chattels from unlawful interference and unlawful detention and where a bailiff has no right in law and/or no lawful authority to be where they are, the householder has a right to use as much reasonable force as is necessary to remove them.

Once again, the bailiff sadly does have the right to seize goods if in possession of the necessary legal authority.

I would be interested to see the authority for the claim that the police "must not assist" certified bailiffs. Could you supply.

[bluebottle]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Once again, the bailiff sadly does have the right to seize goods if in possession of the necessary legal authority.

I would be interested to see the authority for the claim that the police "must not assist" certified bailiffs. Could you supply.

I've already told what the authority is, Andy, and I'm not going to repeat myself. Home Office Guidelines, okay? As for the first sentence of your post, it doesn't matter a jot if the bailiff has a warrant in his possession. If he does not comply with its conditions, his lawful authority ceases to apply.

Once again, you are back on the forums, after an absence, being argumentative, as always.

[Guest]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Exactly. How else can they prove they have lawfully levied and seized a vehicle?

A big yellow clamp may give some indication.

[Guest]

Re: If a bailiff is asked to leave before they have levied, do they have to?

I've already told what the authority is, Andy, and I'm not going to repeat myself. Home Office Guidelines, okay? As for the first sentence of your post, it doesn't matter a jot if the bailiff has a warrant in his possession. If he does not comply with its conditions, his lawful authority ceases to apply.

Once again, you are back on the forums, after an absence, being argumentative, as always.

God "home office guidelines" that certainly narrows it down, don't suppose you would like to quote the actual section you refer to.

[Guest]

Re: If a bailiff is asked to leave before they have levied, do they have to?

I've already told what the authority is, Andy, and I'm not going to repeat myself. Home Office Guidelines, okay? As for the first sentence of your post, it doesn't matter a jot if the bailiff has a warrant in his possession. If he does not comply with its conditions, his lawful authority ceases to apply.

Once again, you are back on the forums, after an absence, being argumentative, as always.

Not argumentative just realistic and factual.