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

[labman]

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

Folks - it's not my place, I'm not site team or anything, but FFS, we all agree. There is NO point in arguing for the sake of it. Can't we leave it and get on with helping people? Going back and unpicking bits of law and case law can be useful from time to time. We did that last night. Today is a fresh start - let's use it as such.

Inflamatory or provocative replies to this post won't help. Let's bite our tongues and let it rest. :beagle:

[teaboy2]

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

I totally agree with you Labman, as far as am concerned we all agree and have done from the start, even if someone originally misread my first post. Which to be honest is an easy mistake to make. So a quick apology (or simply not replying further) is all that is needed instead of them carrying on the pretense that i said something i never actually said to begin with.

[bizzybob]

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

Amen Labman we are here to help not bicker and argue, whilst we argue somewhere a bailiff finds another victim.

[Guest]

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

Just pointing out an error, everyone else seems to agree with the fact that this was an error. So OK Move on.

As an aside are links to the mentioned forum a good idea in view of the dangerously inaccurate information which is provided on there.

[teaboy2]

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

But what error Andy?? I never made an error, it was you that misread or misinterpreted what i was saying in my first post on this thread - You just can't accept you made a mistake!

Not all info on the site i linked too is inaccurate Andy. And is it not also dangerous to make such spurious and potentially libelous statements about what is contained on another website, just because you have such opinion of that site?! I see in the other thread you even used the comments made by the same site in response to a judgement. So is it not as equally dangerous for you to be quoting such comments made by that site, as it is for me to post links to information on the same site - Pot calling the kettle black?!

[Guest]

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

But what error Andy?? I never made an error, it was you that misread or misinterpreted what i was saying in my first post on this thread - You just can't accept you made a mistake!

Not all info on the site i linked too is inaccurate Andy. And is it not also dangerous to make such spurious and potentially libelous statements about what is contained on another website, just because you have such opinion of that site?! I see in the other thread you even used the comments made by the same site in response to a judgement. So is it not as equally dangerous for you to be quoting such comments made by that site, as it is for me to post links to information on the same site - Pot calling the kettle black?!

The information I quoted was from a judgment which happened to be copied on that forum, it was not opinion of the site owner, also I did not link to that forum.

That forum is notorious for giving misleading and dangerous information. Not libelous well documented on here, if you care to look.

[Guest]

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

But what error Andy??

Again teaboy you wrote this;
" 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 "

Now i do not know how i could possibly misinterpret this, it is incorrect, as a bailiff can in fact levy and impound(clamp) goods on his first visit.

Now just admit you got it wrong and move on.

[TVJonesClassic]

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

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. ............. 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!!

Very sorry for any confusion here, and for not being able to get back to the thread until now. I complained to the police the re. clamping as it was on private ground. During this period he put an F7 on the car, so absence of an F7 wasn't my complaint.

I've been trying to clear up an issue which I think might be two issues: a) should a bailiff leave your driveway if asked? I thought a bailiff could be asked to leave your "premises" if they have entered without permission, and you ask them to leave before they have levied. b) should they move their van if asked when it is half on and blocking your driveway; illegal according to Road Vehicles (Construction and Use) Regulations 1986, reg 103 and s42, Road Traffic Act 1988 and s137 Highways Act 1980.

[teaboy2]

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

Ah yes you are correct it was a comment on the judgement i hold my hands up there, see i can admit my mistakes. But still you haven't stated what my initial supposed error was? that you referred to in your previous post above.

As for your opinion on the other site and whatelse has been said about it by others here or elsewhere, well that's mere opinion and it doesn't mean all information on the site is wrong, and as the links i referred to supported what we all agree on here in this thread in regards to a need to levy (form 7) or have a signed (form 8) walking possession, before they can clamp and remove the car, then i fail to see what your need for bringing your opinion of the other site in to this was, except to try and discredit what i was saying in my own post - You seem to like to try and discredit others when arguing with them, instead of providing anything to support your own claims, Such as how i was incorrect in my first post - oh but then you misread my first post, you just won't admit it, because you can't accept you are human and capable of making such simple errors.

[Guest]

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

Ah yes you are correct it was a comment on the judgement i hold my hands up there, see i can admit my mistakes. But still you haven't stated what my initial supposed error was? that you referred to in your previous post above.

As for your opinion on the other site and whatelse has been said about it by others here or elsewhere, well that's mere opinion and it doesn't mean all information on the site is wrong, and as the links i referred to supported what we all agree on here in this thread in regards to a need to levy (form 7) or have a signed (form 8) walking possession, before they can clamp and remove the car, then i fail to see what your need for bringing your opinion of the other site in to this was, except to try and discredit what i was saying in my own post - You seem to like to try and discredit others when arguing with them, instead of providing anything to support your own claims, Such as how i was incorrect in my first post - oh but then you misread my first post, you just won't admit it, because you can't accept you are human and capable of making such simple errors.

As usual you try and confuse the issue , you made an incorrect statement, simple as that. As for the other site see the many posts made by Milo on here regarding that forum.

[Guest]

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

Very sorry for any confusion here, and for not being able to get back to the thread until now. I complained to the police the re. clamping as it was on private ground. During this period he put an F7 on the car, so absence of an F7 wasn't my complaint.

I've been trying to clear up an issue which I think might be two issues: a) should a bailiff leave your driveway if asked? I thought a bailiff could be asked to leave your "premises" if they have entered without permission, and you ask them to leave before they have levied. b) should they move their van if asked when it is half on and blocking your driveway; illegal according to Road Vehicles (Construction and Use) Regulations 1986, reg 103 and s42, Road Traffic Act 1988 and s137 Highways Act 1980.

I do not think that you can just ask the bailiff to leave whilst he is in the process of impounding goods. As for blocking your drive, i think it would be reasonable for you to ask them to remove the vehicle, and unless they had a good reason for not doing so, in that it was essential for the purpose of levying goods then they should have moved it.

The likely hood for claiming any redress for this action is very slight and would I imagine be a case of your word against theirs.

[TVJonesClassic]

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

Andy, I don't get it. Either it is illegal to block someone's drive or it isn't. Are bailiffs exempt? Everything you post seems to be erring on the side of the bailiffs, without you giving references to the law. Where does it say bailiffs can ignore obstruction law and clamping law just because they are doing their "job"?

[Guest]

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

Andy, I don't get it. Either it is illegal to block someone's drive or it isn't. Are bailiffs exempt? Everything you post seems to be erring on the side of the bailiffs, without you giving references to the law. Where does it say bailiffs can ignore obstruction law and clamping law just because they are doing their "job"?

I try to be realistic, if you want to go to your local bobby and complain about the bailiff blocking your drive whilst he levied your goods pleas feel free. :Let me know how you get on.

[teaboy2]

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

I have no bloody interest on what people opinions are on the other site, You brought up the concerns about the other site, i merely linked to it to prove supporting evidence to the fact a bailiff can not clamp or remove a car without a levy, and that if they do not remove the car but leave it on the premises clamped without a levy our without a signed walking possession then the bailiff has in fact abandoned the levy and debtor is free to remove the clamp. Thats it correct regardless of what your opinion or opinion of others is towards the other site in general.

It is you that is using the other site to confuse the issue of can a bailiff clamp and remove a car without a valid levy, by being the one the brought up your opinion on the other site in first place. Forcing me to defend my use of posting links to the other site to support my claim. The fact everyone here including me all agree the same, validates my use of links to the particular information i used to support my argument. Also if the information on the other site was so inaccurate, then how come its not been shut down yet, or had legal claims made against them by bailiff companies or people that followed that sites advice and lost. The fact they claim the information is the result of collaborative work by legal experts, solicitors and enforcement service industry should be enough to have it shut down if they could not prove such claims.

Again teaboy you wrote this;
" 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 "

Now i do not know how i could possibly misinterpret this, it is incorrect, as a bailiff can in fact levy and impound(clamp) goods on his first visit.

Now just admit you got it wrong and move on.

Yet again you still are misinterpreted what i put. THE KEYWORDS IN MY STATEMENT IS WITHOUT FIRST LEVYING THE CAR OR GOODS - They then as supported by the Culligan v Simkin & Marston Group Ltd judgement, have to return at a later date to remove if they have added clamping charges and charges for the removal of the clamp, which we all know that in the vast majority of cases bailiffs do add such charges!! Though in a lot of cases they don't remove the car or goods to a later date in any case.

So what part of "Without First Levying the Car or goods" did you not understand!! By claiming my statement was wrong, you are openly saying that a bailiff can just turn up and clamp your car and then return and remove it with a levy or without a signed walking possession the same day it was clamped.

So no Andy my statement was correct as they can not on the first visit clamp the car until they have levied it and they can not remove the car on the same day unless they have already levied it and have not added charges for the clamping or/and removal of the clamp!!

[Guest]

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

Gosh you do sem to be having a problem remembering what you wrote teaboy, to remind you again word for word;

"A bailiff can not turn up on first visit and clamp a car or take any goods"

This is wrong as a bailiff can.

Why is it so complicated for you ?