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?

Not argumentative just realistic and factual.

msl:

[hantsman]

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

A big yellow clamp may give some indication.

Does not mean thats lawful.

[Guest]

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

It is an offence to block someone's driveway, thereby preventing them from driving out onto a public highway. The offence is under the Highways Act, It will depend on just how idiotic a bailiff has been, whether anyone's safety has been compromised and a number of other factors, as to whether the bailiff's actions amount to Wilful or Unnecessary Obstruction of the Highway. What would be poetic justice is if the fire and rescue service were on their way to a fire and had to move the bailiff's van out of the way by ramming it with the fire truck. Not only would the bailiff possibly get a ticket for Impeding An Emergency Vehicle, but any damage caused to the van by the fire truck ramming it is unlikely to be covered by the bailiff company's motor insurance and they would not be able to claim from the fire and rescue service. The fire and rescue service can legitimately cause damage to a vehicle in order to move it in order to facilitate access to the scene of a fire or other incident they are attending.

As to your specific question, it would depend on the reason the bailiffs were at your home. If they have no lawful reason to be there, you are within your rights to ask them to leave.

It is just that you get carried away somewhat BB and reality sometimes takes a back seat.

[Guest]

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

Does not mean thats lawful.

No i suppose the court order would do that, unless it is suggested that bailiffs go around claimping abstract vehicles.

[hantsman]

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

No i suppose the court order would do that, unless it is suggested that bailiffs go around claimping abstract vehicles.

They do sometimes in error or on purpose, as pointed out to you already, bailiffs must levy first, no if or buts.

[Guest]

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

They do sometimes in error or on purpose, as pointed out to you already, bailiffs must levy first, no if or buts.

http://www.bailiffadviceonline.co.uk/walking.htm

The levying of goods and seizing goods means the same thing, this can be done on the first visit, it is the levy that secures the goods.

What is levy, seizure & distress?
Unless you have received either a letter or visit from a bailiff, it is unlikely that you would have heard the legal expressions; distress, distraint, execute, levy or walking possession. These words sound very frightening, so we will attempt to simplify them for you here.
Before a Walking Possession can be agreed, there are a number of steps that must first be taken.
Many bailiff companies will write to you to say they will be calling at your home to “seize” goods. Sometimes, they will say they want to“levy distress” on your goods, but most bailiff companies prefer to use the more intimidating expression to “seize” goods…..however both mean the same.

[bluebottle]

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

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

Why, can't you be bothered to look it up yourself?

[bluebottle]

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

It is just that you get carried away somewhat BB and reality sometimes takes a back seat.

Unfortunately, Andy, the fire and rescue service can do that. And it is also an offence to impede a blue light vehicle on its way to an incident in an emergency.

[labman]

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

My statement 'They can!' with the link to the Form 7 was meant to say me belief is they can levy on a first visit - there's not much point in attending otherwise.

As always, happy to be proven wrong with definitive proof.

[Guest]

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

Why, can't you be bothered to look it up yourself?

Doesn't work like that BB, if you quote authority you are supposed to give evidence, otherwise you could be spouting any old nonsense.

[Guest]

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

My statement 'They can!' with the link to the Form 7 was meant to say me belief is they can levy on a first visit - there's not much point in attending otherwise.

As always, happy to be proven wrong with definitive proof.

You wont be , as you say there is little point in attending unless the can distrain goods.

[teaboy2]

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.

How on earth was what i said incorrect? If they don't have a valid levy claiming the car as seized goods, then the bailiff can not lawfully clamp it. They can only lawfully seize goods named on a valid levy. No Levy, like the bailiff in this case, then no car clamping - Simple!

Read what the OP said in his first Post as they hadn't filled out a levy, they were not writing one either, then read his second post in the thread where the bailiff attempted to clamp it when the police where present until the OP told the police it was unlawful because clearly the bailiff still had not produced a levy for the car!!

[Guest]

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

Unfortunately, Andy, the fire and rescue service can do that. And it is also an offence to impede a blue light vehicle on its way to an incident in an emergency.

I was referring to your foray into the realms of you imaginary world, did any of this actually happen to the OP.

The problem BB is that your imaginings do not stop at the cop chases and fire engines ramming vehicles, it ventures into the world of bailiff law, not everyone is able to separate your imaginary meanderings from fact.

[Guest]

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

How on earth was what i said incorrect? !

You said "A bailiff can not turn up on first visit and clamp a car (he ceraatianly can)or take any goods without first levying the car or goods and then returning at a later (nonesence)date after issuing the levy to collect payment or take goods."

Both these statements are factually incorrect

[labman]

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

FACT:

http://www.legislation.gov.uk/uksi/1...lation/45/made


and an interesting FOI to watch:

https://www.whatdotheyknow.com/reque...s_with_bailiff