A case from "Can't pay we'll take it away"

[Coughdrop]

The way Bohill behaves, he should not be granted an EA certificate full-stop. I have my doubts about Pinner's competence, especially in the episode of "Can't Pay? We'll Take It Away" when they were told by the creditor they had made a mistake and were harassing the wrong person. That didn't stop Pinner carrying on regardless and taking away the innocent party's taxi. As a result of that act of idiocy, the creditor was landed with a bill of around £1900 - £2000 in compensation and legal costs in the innocent party's favour.

 

Hi Old Bill,

 

It's good to see you back on here. I didn't realise there had been an award against the creditor - that is excellent news. It is high time all bailiffs were called to account in this way. Those who operate legitimately (the majority?) are being tarnished by many, with the same brush as those who don't, which is simply unfair. Greater personal accountability would effectively put each in control of their own destiny. Act fairly, all is good; act unfairly, you are called to account for your actions. That would be a very happy day indeed, for both debtors and those bailiffs who do conduct themselves correctly.

[Coughdrop]

The likely offences, depending on the nature of the call, would be one of more of the following:-

 

 

1. Wasting Police Time
   
2. Misuse of A Public Electronic Telecommunications System
   
3. Perverting the Course of Justice
   

 

 

 

If only that were true. The reality is that police do not have the time, nor the resources to bring that sort of prosecution, and the CPS are unlikely to proceed in any case.

[Coughdrop]

Link to note if possible OB.

 

I suspect this is what he is referring to:

 

http://nearlylegal.co.uk/wp-content/uploads/2016/02/Practise-Note-From-Senior-Master-1215.pdf

[old bill]

Hi Old Bill,

 

It's good to see you back on here. I didn't realise there had been an award against the creditor - that is excellent news. It is high time all bailiffs were called to account in this way. Those who operate legitimately (the majority?) are being tarnished by many, with the same brush as those who don't, which is simply unfair. Greater personal accountability would effectively put each in control of their own destiny. Act fairly, all is good; act unfairly, you are called to account for your actions. That would be a very happy day indeed, for both debtors and those bailiffs who do conduct themselves correctly.

 

It was at the end of the particular episode where Pinner cocked-up. If my memory serves me correctly, solicitors costs of £1500 + compensation of £400 for loss of earnings were paid to the poor beggar whose taxi Pinner and Bohill took.

[old bill]

If only that were true. The reality is that police do not have the time, nor the resources to bring that sort of prosecution, and the CPS are unlikely to proceed in any case.

 

I hear this a lot. However, these are the offences they commit each time they make false calls to the police. You are correct in that the police do not have the time to deal with them and many officers are getting increasingly fed up with having their time wasted by EAs. I suspect the decision by CPS not to prosecute EAs is down to some agenda going on in certain quarters. I am currently awaiting a response from CPS as to why they discontinued a prosecution against an EA who battered someone and, it subsequently proved, had no valid warrant upon which to act.

[HCEOs]

I suspect the decision by CPS not to prosecute EAs is down to some agenda going on in certain quarters.

 

Yes, us Bailiffs, the Police, the CPS and the New World Order meet every Thursday at the pub for beers and domination planning

[old bill]

Yes, us Bailiffs, the Police, the CPS and the New World Order meet every Thursday at the pub for beers and domination planning

 

The reality, HCEOs, is more likely to be Common Purpose "graduates" trying to collapse the system and goad people into kicking off.

[Coughdrop]

The reality, HCEOs, is more likely to be Common Purpose "graduates" trying to collapse the system and goad people into kicking off.

 

I doubt it. Brian Gerrish and the UK Column are best left out of these matters in my opinion.

[old bill]

I doubt it. Brian Gerrish and the UK Column are best left out of these matters in my opinion.

 

Unfortunately, CD, Common Purpose are a very real organisation and I and others have come across their "graduates" in local authorities causing chaos. When asked if they had been on a Matrix course, one of them freely admitted to having been on the CP Matrix course. Additionally, some of the more insidious activities I have come across, e.g. engineering rent arrears/benefit overpayments, have been shown to be down to those who are CP "graduates". Be in no doubt, CP is a cancer that needs removing. I have no doubt the recent referendum vote has brought out the more vociferous elements within CP.

 

You can also identify them when they tell you that ECHR and the HRA doesn't apply to them and then nigh on mess their underwear when a few well-chosen questions bring them back to reality.

[brassnecked]

CP needs eliminating, it has no place in a supposedly democratic society. Now a curve ball, is Bohill CP, he certainly acts CP as in ultra vires any authority?

[mikeymack2002]

Anyone read 'Scoop' this morning about transferring up evictions?

[caledfwlch]

Its the arrogance that still gets me!! Bohill was so sure he would not face sanction for illegal entry he was happy to have it shown primetime.

 

If an EA acts beyond his powers/warrant then he surely commits a criminal offence? Assault and criminal trespass or something

[old bill]

Anyone read 'Scoop' this morning about transferring up evictions?

 

Do you have a link, please, mikey?

[old bill]

Its the arrogance that still gets me!! Bohill was so sure he would not face sanction for illegal entry he was happy to have it shown primetime.

 

If an EA acts beyond his powers/warrant then he surely commits a criminal offence? Assault and criminal trespass or something

 

In order to enjoy the legal protection a warrant confers, an EA must comply with the conditions attached to the warrant. The moment the EA deviates from the conditions, the legal protection ceases to have effect. This means the EA is open to civil litigation or criminal prosecution, as the case may be.

 

The use of physical violence against an alleged debtor in order to gain entry is unacceptable and illegal and the EA could be facing a charge of anything from Common Assault to Unlawful or Malicious Wounding.

 

An EA claiming to be an HCEO or executing a HC writ when, in fact, he is executing a warrant of control and secures the assistance of ignorant police officers to help him gain entry to residential property may well be committing an offence of Burglary Artifice.

 

An EA who attempts to evict someone using a Writ No. 66 when the identities of the occupants of a property are known to the mortgagee/landlord is ultra vires ab initio. That could give rise to a charge of Using A False Instrument With Intent to Deceive (Section 3, Forgery & Counterfeiting Act 1981).

[old bill]

Its the arrogance that still gets me!! Bohill was so sure he would not face sanction for illegal entry he was happy to have it shown primetime.

 

If an EA acts beyond his powers/warrant then he surely commits a criminal offence? Assault and criminal trespass or something

 

Hence why I have heard Bohill referred to as Bonehead. I have witnessed Bulbous Brian cross the line or come near to crossing the line a few times.

[Coughdrop]

Its the arrogance that still gets me!! Bohill was so sure he would not face sanction for illegal entry he was happy to have it shown primetime.

 

If an EA acts beyond his powers/warrant then he surely commits a criminal offence? Assault and criminal trespass or something

 

Agreed caledfwlch, but the powers that police simply do not have the resources or the time to carry through prosecutions for things like this. If it were someone other than a bailiff they would find the time.

 

I don't deny the existence of Common Purpose Old Bill. I just think it's easy to use it as a scapegoat for unprofessional actions by bailiffs, and the inability of the police to do anything due to being under-resourced.

 

If you have solid proof of criminal acts being committed because of Common Purpose, as an ex-policeman, surely you know the right thing to do is to report them.

[HCEOs]

I feel this is going off topic with all this Common Purpose tosh.

[silverfox1961]

Do you have a link, please, mikey?

 

Was it this?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?466459-No-more-7-day-evictions-Property118.com&p=4917870&viewfull=1#post4917870

[HCEOs]

Was it this?

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?466459-No-more-7-day-evictions-Property118.com&p=4917870&viewfull=1#post4917870

 

Some of that is incorrect.

[Coughdrop]

I feel this is going off topic with all this Common Purpose tosh.

 

Yep! As said above, if people have solid evidence of criminal acts, it should be passed to the police.

 

That's not to say actions shouldn't be brought against rogue bailiffs, as you'd agree. The fact that often they are not is down to resources though, IMO.

[HCEOs]

I've said it before and this is not aimed at anybody in particular but it doesn't have to be the debtor that makes a complaint to the Police or the Court.

 

If you believe there has been a breach of law, have the evidence and feel that passionately about it then stop writing and moaning about it on forums and do something yourself!

[old bill]

Agreed caledfwlch, but the powers that police simply do not have the resources or the time to carry through prosecutions for things like this. If it were someone other than a bailiff they would find the time.

 

I don't deny the existence of Common Purpose Old Bill. I just think it's easy to use it as a scapegoat for unprofessional actions by bailiffs, and the inability of the police to do anything due to being under-resourced.

 

If you have solid proof of criminal acts being committed because of Common Purpose, as an ex-policeman, surely you know the right thing to do is to report them.

 

The lack of professionalism by bailiffs is down to the industry not addressing the issue effectively and letting things slide. Common Purpose tend to lurk in the background and mess things about so the first anyone knows something is not right is when the bailiff turns up, claiming to be enforcing a warrant, when no proceedings or debt registration has taken place. CP "graduates" have been caught misleading DJs in the County Court and caught the sharp edge of the DJ's tongue. Others have been caught engaged in harassment against vulnerable people and been sacked or been made the subject of restraining orders.

[old bill]

I've said it before and this is not aimed at anybody in particular but it doesn't have to be the debtor that makes a complaint to the Police or the Court.

 

If you believe there has been a breach of law, have the evidence and feel that passionately about it then stop writing and moaning about it on forums and do something yourself!

 

I was speaking to a senior police officer a few weeks ago who asked me if there was any way they could get a bailiff's certificate cancelled. When I explained the EAC2 procedure to them, they were surprised that such a procedure existed - no-one at chief officer level had told them about it. It make one wonder if there is a reason the officer I was talking to was kept in the dark.

[HCEOs]

Common Purpose tend to lurk in the background and mess things about so the first anyone knows something is not right is when the bailiff turns up, claiming to be enforcing a warrant, when no proceedings or debt registration has taken place. CP "graduates" have been caught misleading DJs in the County Court and caught the sharp edge of the DJ's tongue. Others have been caught engaged in harassment against vulnerable people and been sacked or been made the subject of restraining orders.

 

Can you provide detailed and verified proof of this codswallop? This all sounds like Freeman clap trap to me.

 

I'd suggest you start a new thread exposing it all...

[Andyorch]

Given that the OP of this thread has never returned since January...thread now moved to Discussions Forum.

 

Regards

 

Andy