Seriously vulnerable family bullied for over 5hrs by bailiffs

[wonkeydonkey]

Your points are all to familar to caggers and there are many like you who want to shout the injustices from the rooftops. Please do look at the reform consultation section and you will get to shout a bit louder lol.

 

WD

[Annette1973]

Your points are all to familar to caggers and there are many like you who want to shout the injustices from the rooftops. Please do look at the reform consultation section and you will get to shout a bit louder lol.

 

WD

 

Thanks WD, I will do that. I must admit after Tuesdays events, I am still in shock that anyone could justify bullying a fellow human being to within an inch of their lives just to get a few measly quid out of them.

[1Loretta]

The problem is that even if you know your rights and refuse to let them in, they will sometimes force their way in, foot in the door etc and even if you can prove that they have made illegal charges no one is interested and if you phone the police they do not know what they are supposed to be doing and they do believe the bailiff's lies and some how think they are all in the same job and on the same side. I really don't know how bailiffs get away with their behaviour, we are beginning to know what they can and can't do, but the police and the councils seem to have no interest whatsoever. I think that the bailiffs behaviour will continue until councils and police are brought to book about how they deal with these thugs, but how you sue or prosecute councils and the police I don't know. It really is a scandal, these thugs must be the only people who are allowed to behave this way and get away with it. Even if you know nothing at all about the law if you read any of these posts on here it must be obvious that no one can be allowed to behave as bailiffs do

[brassnecked]

Your points are all to familar to caggers and there are many like you who want to shout the injustices from the rooftops. Please do look at the reform consultation section and you will get to shout a bit louder lol.

 

WD

 

Exactly so, post the horror stories in that section also

 

BN

[old bill]

The problem is that even if you know your rights and refuse to let them in, they will sometimes force their way in, foot in the door etc and even if you can prove that they have made illegal charges no one is interested and if you phone the police they do not know what they are supposed to be doing and they do believe the bailiff's lies and some how think they are all in the same job and on the same side. I really don't know how bailiffs get away with their behaviour, we are beginning to know what they can and can't do, but the police and the councils seem to have no interest whatsoever. I think that the bailiffs behaviour will continue until councils and police are brought to book about how they deal with these thugs, but how you sue or prosecute councils and the police I don't know. It really is a scandal, these thugs must be the only people who are allowed to behave this way and get away with it. Even if you know nothing at all about the law if you read any of these posts on here it must be obvious that no one can be allowed to behave as bailiffs do

 

Hi 1Loretta,

 

I can understand your frustration, as I had to deal with scumbags, sorry, bailiffs, when I was in the police force. Certificated Bailiffs are **** - no other word for it. A lot of the problem with the police (In fact, I would say the principal problem with the police) is that they receive little, if any, training in what powers bailiffs have, what they can do and, most importantly, what they cannot do. Some police forces have a zero-tolerance policy with bailiff misconduct, but the reality is, you can count those on the finger of one hand. To be honest, I don't think a lot of council officers and councillors know or realise they are vicariously liable for the actions of bailiffs and HCEOs. On a recent television programme, a Certificated ****** was moaning about not making any money because of the "bloody information forums", which can only mean CAG, LB and Bailiff Advice Online. Educating the public, politicians and police is the way forward in bringing about the necessary change of mindset from submission and complicity to empowerment of the individual to stand up to these Rent-A-Thugs and for ALL police forces to adopt a zero-tolerance of Certificated ****** and HCEO misconduct.

 

I have set up an e-petition at DirectGov with the aim of forcing police forces to treat bailiff and HCEO misconduct for what it is, crime, and not civil matters. There is also another e-petition, sponsored by Eric Randall, calling on the government to crack down on bailiff misconduct. Please sign these e-petitions and encourage as many people as possible to do the same. Once the signature count hits 100,000 on an e-petition, it triggers a debate in the House of Commons.

 

OB

Edited March 23, 2012 by old bill

[poollie1]

The criteria for claiming DLA dictates that you cannot lead a normal everyday life, basically, because of a disability or illness, that means you need assistance to carry out basic tasks, e.g. getting washed, and/or your mobility is affected. DLA is made up of two elements - Care and Mobility. Claimants may be eligible for the Care or Mobility component or both. There is also another allowance called Disabled Working Allowance (DWA), which can be claimed by those who are able to work with their illness or disability.

 

Yes I know all that old bill I have been receiving DLA since 1993, DLA is a working benefit not a sickness benefit, allowing people to work without losing any money, if they wish to work that is. The criteria to receive DLA does not depend on illness, it is to help alleviate problems people may face in their everyday lifes when faced with disabilities. For example a person who has Spina Bifida and unable to walk and confined to a wheelchair can still receive DLA for mobility and still work, or a person who has upper body disabilities may need help washing or cooking a meal but they dont have to be ill to receive it.

Edited March 23, 2012 by poollie1

[Annette1973]

Hello Loretta1 and welcome back Old Bill. The points you raised are exactly on the ball. I will say though that the bailiffs in question were not prepared for the lady police sergeant actually having the foresight to go back to the station and do a bit of digging about their claims. I think it shocked the life out of them when she returned and sent them packing. I suppose they have been successful in the past of bluffing police officers into believing their slippery lies, it was so funny when this lady came back and blew them away. If the whole thing hadn't been such an ordeal I would've laughed for weeks about it.

[old bill]

Brassnecked,

 

Thank you very much for your help with the relevant legislation. I'm looking into this and am going to seek clarification about HCEOs.

 

OB

[Annette1973]

Hi 1Loretta,

 

I can understand your frustration, as I had to deal with scumbags, sorry, bailiffs, when I was in the police force. Certificated Bailiffs are **** - no other word for it. A lot of the problem with the police (In fact, I would say the principal problem with the police) is that they receive little, if any, training in what powers bailiffs have, what they can do and, most importantly, what they cannot do. Some police forces have a zero-tolerance policy with bailiff misconduct, but the reality is, you can count those on the finger of one hand. To be honest, I don't think a lot of council officers and councillors know or realise they are vicariously liable for the actions of bailiffs and HCEOs. On a recent television programme, a Certificated ****** was moaning about not making any money because of the "bloody information forums", which can only mean CAG, LB and Bailiff Advice Online. Educating the public, politicians and police is the way forward in bringing about the necessary change of mindset from submission and complicity to empowerment of the individual to

stand up to these Rent-A-Thugs and for ALL police forces to adopt a zero-tolerance of Certificated ****** and HCEO misconduct.

 

I have set up an e-petition at DirectGov with the aim of forcing police forces to treat bailiff and HCEO misconduct for what it is, crime, and not civil matters. There is also another e-petition, sponsored by Eric Randall, calling on the government to crack down on bailiff misconduct. Please sign these e-petitions and encourage as many people as possible to do the same. Once the signature count hits 100,000 on an e-petition, it triggers a debate in the House of Commons.

 

OB

 

How do I find your petition OB? Would like to sign it ASAP!

[old bill]

How do I find your petition OB? Would like to sign it ASAP!

 

If you go to epetitions.direct.gov.uk and put the word "Bailiffs" into the search engine, a list of e-petitions will be displayed. Look for two e-petitions which start -

 

TIGHTEN LAWS TO CONTROL BAILIFFS... which is sponsored by Eric Randall

POLICE TO TREAT BAILIFF MISCONDUCT... which is the one I am sponsoring

 

Many thanks for wanting to sign these e-petitions Annette1973. By people banding together and standing up to the injustice of bailiff misconduct and police complicity, change can come about for the better.

 

OB

[Annette1973]

Dear OB, would you happen to know how I could get the sergeants name who helped us, I have her number but did not get her name, I would like to thank her. If it hadn't been for her actions I don't know what those bailiffs would of done next, they were so desperate, and as their desperation increased, so did their aggression. Considering the issues I have had over this, it's fair to say that if they continued I could have had a heart attack or worse. I went to the hospital today and yesterday and now I have a home machine to monitor blood pressure etc.... and I have to call them 3 times a week with the readings. All I'm saying is you do not have to pull people out of burning buildings to save their lives, some cases are more intricate and the sergeant who took it upon herself to research these criminals and then came back to send em packing is, to me, a hero. I have only had to spend the last couple of days going to the hospital, it could've been so much worse.

[brassnecked]

Brassnecked,

 

Thank you very much for your help with the relevant legislation. I'm looking into this and am going to seek clarification about HCEOs.

 

OB

No problem , there are others more knowledgeable, but lawyers don't know the law any more than anyone else, they look it up LOL

[old bill]

All lawyers know is how the legal system works. They learn about the area of law they wish to specialise in after they graduate. Believe it or not, I had barristers come up to me and ask about a point of criminal law when I was in the police!

[old bill]

Dear OB, would you happen to know how I could get the sergeants name who helped us, I have her number but did not get her name, I would like to thank her. If it hadn't been for her actions I don't know what those bailiffs would of done next, they were so desperate, and as their desperation increased, so did their aggression. Considering the issues I have had over this, it's fair to say that if they continued I could have had a heart attack or worse. I went to the hospital today and yesterday and now I have a home machine to monitor blood pressure etc.... and I have to call them 3 times a week with the readings. All I'm saying is you do not have to pull people out of burning buildings to save their lives, some cases are more intricate and the sergeant who took it upon herself to research these criminals and then came back to send em packing is, to me, a hero. I have only had to spend the last couple of days going to the hospital, it could've been so much worse.

 

Probably, the best thing to do is write to the Superintendent at the police station she is based at. If you wish to thank you her in person, I am sure the Superintendent will be able to arrange this. If you wish to write, that is just as good. I can tell you that when letters of thanks are received by the police, it does lift their morale and the officer concerned does get to read the letter.

[poollie1]

Thanks for that, all this benefits stuff is so confusing. Everything is forms, forms and more forms.

 

You cannot claim Incapacity benefit anymore, people on IB are presently being migrated over to ESA which is the new sickness benefit and has been in force since 2008, the criteria to claim this is for you to be Sick or Disabled obviously, the DWP will assess you and all your medical evidence on your abilities of what you are able to do in a work situation depending on the severity of your illness/disability, whereas on Incapacity Benefit DWP assessed you on what you was unable to do in a work situation, the criteria for these two benefits are different, but as I said irrelevant as you cant claim IB anymore.

Edited March 24, 2012 by poollie1

[Annette1973]

You cannot claim Incapacity benefit anymore, people on IB are presently being migrated over to ESA which is the new sickness benefit and has been in force since 2008, the criteria to claim this is for you to be Sick or Disabled, DWP will assess you on your abilities of what you are able to do in a work situation, whereas on Incapacity Benefit DWP assessed you on what you was unable to do in a work situation, the criteria for these two benefits are different.

 

Thanks for that, it is all a bit confusing. So with my long term illness I need to apply for ESA? My husband had a word at the benefits office today as he had to attend and interview, they did seem to think that it would be best for us to change our benefit to either ESA or DLA. We have been together for 20 years and this is the first time we have ever had to apply for benefits, I never realised there were so many forms, it can be very daunting for a first timer.

[old bill]

Hello Loretta1 and welcome back Old Bill. The points you raised are exactly on the ball. I will say though that the bailiffs in question were not prepared for the lady police sergeant actually having the foresight to go back to the station and do a bit of digging about their claims. I think it shocked the life out of them when she returned and sent them packing. I suppose they have been successful in the past of bluffing police officers into believing their slippery lies, it was so funny when this lady came back and blew them away. If the whole thing hadn't been such an ordeal I would've laughed for weeks about it.

 

I expect they called in at the nearest pharmacy and cleared them of their stock of Imodium! LOL!

[Annette1973]

I expect they called in at the nearest pharmacy and cleared them of their stock of Imodium! LOL!

 

It was funny, serves em right though, they shouldn't have made assumptions that the police didn't know any better and would probably assist them. I think she pxxxxd on their bonfire, big time......

[brassnecked]

ESA is a subsistence benefit, and replaces Incapacity benefit, it is means tested. DLA is a "enabling" benefit to help with extra costs that arise as a result of disability, and is not means tested, and can passport someone to other benefits also. people often confuse and misunderstand the differences

[poollie1]

ESA is a subsistence benefit, and replaces Incapacity benefit, it is means tested. DLA is a "enabling" benefit to help with extra costs that arise as a result of disability, and is not means tested, and can passport someone to other benefits also. people often confuse and misunderstand the differences

 

Only Income Based ESA is means tested, I am on Contributory Based ESA after being migrated from IB, this is not means tested.

[poollie1]

Thanks for that, it is all a bit confusing. So with my long term illness I need to apply for ESA? My husband had a word at the benefits office today as he had to attend and interview, they did seem to think that it would be best for us to change our benefit to either ESA or DLA. We have been together for 20 years and this is the first time we have ever had to apply for benefits, I never realised there were so many forms, it can be very daunting for a first timer.

 

You could claim both ESA and DLA at the same time if you wished to, they both look at what disabilties you may have and how they affect your daily living abilities, but with different criteria. These are two totally different benefits and you may fit the criteria for both.

[brassnecked]

Only Income Based ESA is means tested, I am on Contributory Based ESA after being migrated from IB, this is not means tested.

 

Sorry pollie1 yes I should have added that if there is no other income, you move over to income based means tested ESA once contributions are exhausted. that is the trap many families fall into when conts based JSA or ESA runs out where the other partner is working.

[Annette1973]

Thanks for the benefit advice everyone, much appreciated. I have done my letters if complaint, made easier by all of you and a lot of help from a certain lady (you know who you are) I am going to post them today. I have done a bit of research and have decided that I would like to have these bailiffs in court regarding harassment and misrepresentation of powers and criminal damage as well as causing harm to a vulnerable person. Now I'm assuming that I need to send the letters of complaint to the CEO at the council, the head of revenues at the council, the court manager at the certificating court, the company director of Ross and Roberts and the court that issued the liability orders. Next I assume I wait for a response, however in my opinion, I am not expecting them to respond, I believe they may all just ignore it and hope we go away, not gonna happen. Then I am a bit stumped as to how I can proceed in court. I have done a bit of reading and it depends on what you really want as an outcome, either compensation or to have the bailiffs certificate revoked or both. I must admit, my family and I are mainly wanting to have these criminals convicted for what they did to us, any advice on how to go about it would be much appreciated. The evidence I have is as follows - for most of the altercation I did have a independent witness in the form of my daughters friend, I have a small amount of footage on my phone of their threats and I have witnesses in the form of the 3 police officers who the bailiffs tried to convince to help them gain entry to our home (I do not know if the police are allowed to be witnesses, but I am assuming they are if they want to). Any advice on how to take this **** to court would be appreciated.

[ploddertom]

To complain about a Bailiff you should ask the lady who has been helping you as she will give you some sound advice on the procedure to follow.

[poollie1]

Sorry pollie1 yes I should have added that if there is no other income, you move over to income based means tested ESA once contributions are exhausted. that is the trap many families fall into when conts based JSA or ESA runs out where the other partner is working.

 

That will be me come November because of the 365 day limit to receive ESA CB... my hubby works, so I have worked paid my contributions and gonna be thrown on the scrap heap...thanks alot Mr Cameron..