collectica threatening to force entry with locksmith and police

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

If under 18, then they could possibly make you pay as you are "in loco parentis" until they are 18

If a defendant is a minor, the court has to stipulate whether the parent(s) is/are liable to pay a fine. If a bailiff decides to ignore what the court has told them to do, they are in trouble, in more ways than one.

[bizzybob]

Re: collectica threatening to force entry with locksmith and police

If a defendant is a minor, the court has to stipulate whether the parent(s) is/are liable to pay a fine. If a bailiff decides to ignore what the court has told them to do, they are in trouble, in more ways than one.

Exactly why I used "possibly" rather than can It would depend on the offence, can't see th magistrates making them pay for that speeding fine for the moped restricted to 30 mph flashed at 40 by a GATSO.:tinysmile_twink_t2:

[seduraed]

Re: collectica threatening to force entry with locksmith and police

Just to add to the advice , When you ring the court record the conversation. You wil need to tell the official that you are doing so . Keep this and send a copy with the letter to show that it has been properly used . Ask specifically of the court official if they have authorised the use of a locksmith or police officer to enter the premises . If they say No as I am sure they will , then play the recording to the police if they turn up . The accompanying bailiff having been caught using terminological inexactitudes (thats lying) will have some explaing to do .

[Sir Vere Brayne d'Emmidge]

Re: collectica threatening to force entry with locksmith and police

I know some of the posters will want to shoot me down in flames, but if the bailiffs turns up, with or without Police and/or locksmith, let them in as soon as they knock and take them to your sons bedroom, that is the only part of the house that they can seize goods from.

Then if the fools have a locksmith on tow they will have to pay for the call out and if the Police are there they (the Police) are not going to be too happy of having wasted their time.

Most of the times compliant behaviour bites the backside of overzealous bailiffs.

[bizzybob]

Re: collectica threatening to force entry with locksmith and police

I know some of the posters will want to shoot me down in flames, but if the bailiffs turns up, with or without Police and/or locksmith, let them in as soon as they knock and take them to your sons bedroom, that is the only part of the house that they can seize goods from.

Then if the fools have a locksmith on tow they will have to pay for the call out and if the Police are there they (the Police) are not going to be too happy of having wasted their time.

Most of the times compliant behaviour bites the backside of overzealous bailiffs.

In the circumstances sound advice and a valid option where a child of whatever age is resident in the family home, and their only property is in their room in fact sometimes it will make the bailiff look small and silly, and the copper will laugh at him if he then tries to use duress to force the parent to pay, if there are insufficient goods of value apart from a student computer used at school or college. I would film the visit, there is nothing they can do to prevent this as you can state it is for their protection also

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

I know some of the posters will want to shoot me down in flames, but if the bailiffs turns up, with or without Police and/or locksmith, let them in as soon as they knock and take them to your sons bedroom, that is the only part of the house that they can seize goods from. Actually, Sir Vere, that is what a senior official in the HMCTS Criminal Enforcement Team alluded to me a few weeks ago. It probably catches the bailiff offguard and makes them look a Trans World Airlines Tea-drinker.

Then if the fools have a locksmith on tow they will have to pay for the call out and if the Police are there they (the Police) are not going to be too happy of having wasted their time. TBH, Sir Vere, the police should bill bailiff companies for wasting their time. I know of no legislation that prevents them from doing so.

Most of the times compliant behaviour bites the backside of overzealous bailiffs. Painful!

@@@@

[bizzybob]

Re: collectica threatening to force entry with locksmith and police

In that circumstance, and the bailiff has found sod all of value in the room then rounds on the parent saying he will have their car instead, hopefully the copper will feel the bailiffs collar.

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

In the circumstances sound advice and a valid option where a child of whatever age is resident in the family home, and their only property is in their room in fact sometimes it will make the bailiff look small and silly, and the copper will laugh at him if he then tries to use duress to force the parent to pay, if there are insufficient goods of value apart from a student computer used at school or college. I would film the visit, there is nothing they can do to prevent this as you can state it is for their protection also

If the computer belongs to the school or college, the bailiff cannot remove, as much as they would like to. If a bailiff steps onto your property, they are liable to be filmed, whatever, regardless of any whining on their part to the contrary. Police officers who claim members of the public aren't allowed to film them or anyone else on their own property really do need to go back to the training school and repeat their training.

[labman]

Re: collectica threatening to force entry with locksmith and police

In that circumstance, and the bailiff has found sod all of value in the room then rounds on the parent saying he will have their car instead, hopefully the copper will feel the bailiffs collar.

The highlighted bit is my worry in what is basically advice I'd agree with from Sir Vere. The problem is, the unhighlighted bit is unlikely to happen, and the parents may end up with a walking possession against their property.

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

The highlighted bit is my worry in what is basically advice I'd agree with from Sir Vere. The problem is, the unhighlighted bit is unlikely to happen, and the parents may end up with a walking possession against their property.

Depends on the Distress Warrant. Otherwise, the bailiff gets a Size 11 boot inserted into their descending colon.

[labman]

Re: collectica threatening to force entry with locksmith and police

Depends on the Distress Warrant. Otherwise, the bailiff gets a Size 11 boot inserted into their descending colon.

Sadly this won't happen though as we all know. It perhaps should, but it won't. :beagle:

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

Sir Vere has summed it up quite succinctly in his post. I agree with what he says and it concurs with what HMCTS HQ told me a few weeks ago. Police officers do not like having their time wasted and, certainly, do not like being made to look fools. Whilst the bailiff might not get a Size 11 boot inserted into their descending colon, in the physical sense, there's nothing to say they won't get the verbal equivalent.

[labman]

Re: collectica threatening to force entry with locksmith and police

Whilst the bailiff might not get a Size 11 boot inserted into their descending colon, in the physical sense, there's nothing to say they won't get the verbal equivalent.

What, a tongue? That's gross! msl:

[bizzybob]

Re: collectica threatening to force entry with locksmith and police

What, a tongue? That's gross! msl:

Careful there LM, the bailiff may enjoy it.

But seriously, if the bailiff was silly enough to levy or even take the parents goods away for the debt of a child who is over 18, t under the circumstances of showing the bailiffs the only area where the debtors goods are, they would end up in serious bother in the fullness of time. Of course the bailiff would be relying on the third party not knowing their rights and the fact that the seizure was unlawful, along with a clueless copper to help him.

[bluebottle]

Re: collectica threatening to force entry with locksmith and police

What, a tongue? That's gross! msl:

Urgh! I don't think any plod would want to do that to a bailiff, Labman! What I meant was a good hard verbal kick up the backside!