natwest and the baliff = ASSUALT

[af1]

Gemsdad

 

I would like to make a point here, which may benefit others:

 

http://www.bristol-city.gov.uk/ccm/content/Advice-Benefits/Trading-standards/trading-standards---harassment-know-your-rights.en;jsessionid=91A44AD058FCEDBD9A810F10A8B160EA

 

From here:

Remember you do not have to open the door to anyone. Bailiffs can only enter your property with your consent or through an open window or door. They cannot force entry. Once they have gained or been permitted entry however, (perhaps they tell you they need to make an urgent phone call), they acquire future rights of entry. Certain bodies such as the Police or utility companies can get an order permitting forced entry for instance to cut off an electricity meter.

 

From another site: (Tax Aid) (about owing tax)

The HM Revenue and Customs officer will need to enter your home or business before the process of distraint can begin . By law, this must be peaceful entry. The HM Revenue and Customs officer may not make a forced entry without a court order, and these are very unusual. Denying the HM Revenue and Customs officer access does not of course end the matter; it is a wake up call however and will give you a bit of time to sort out your affairs. In particular any outstanding tax returns should be dealt with urgently.

 

They are not permitted to assault you.

Cheeky munts.

[af1]

And DEFINITELY seek legal advice.

[JonCris]

And DEFINITELY seek legal advice.

 

Appalling behaviour but not as uncommon as one might think particularly where the vunerable are concered.

 

I offer this advice for future reference

 

Never ever let a debt collecter into your home. No matter how "nice" & "reasonable" they may appear. If you must discuss matters do it in full public view. Remember there on your ground & subject to public scrutiny.

 

You will feel more empowered whereas if you let them into your home you will feel very intimidated & afraid to ask them to leave. They will be controlling your agenda. If you feel you must let them in tell them to return when your wife/husband/friend is home. Don't listen to their crap "we can but it'll add to your charges" It wont

 

If 2 come to your home refuse to speak to both together say you will only speak to one person & insist the other one returns to their car out of earshot.

 

Listen politely to what he has to say tell him you have already posted any credit cards, cheque books etc (even if you haven't at that stage) & that you will consider their comments/proposals

 

Regretably I must say the same about the Police. Never ever let a police officer into your home without a warrant no matter how pushy they might be.

 

Never ever say anything to a police officer even if cautioned. At the point where he says "if you do not mention" etc reply "I am not refusing to make a statement but I require legal representation before making any further comment". Make sure he writes that into his note book & if he doesn't appear to be doing so remind him that his note should be contemporaneous.

 

When you get to the nick request a copy of PACE (they MUST give it to you) & sit down & read it. 3 things will happen they'll be ****ed but they'll play by the book & realize your no mug

 

If your "invited" to attend the police station refuse point blank to attend.

[ann1982]

quick update - sent natwest a letter saying i will be taking them to court. received a letter saying thanks for letting them know about my concerns and they will be in touch in 10days. 10days later i receive another letter saying they need another 10days to get the full details. time is running out for them.

[ann1982]

received letter and statements off bank 2day. they say they will not be looking into the assault as the agents statement is different to mine!!!! well obviously he isn't going to put in his statement ' oh and i pushed sum1 while i was at the flat' . i am so mad at them but will not be leaving it there.

i opened my account in sept 02 so wanted statements from then till now. they sent them from oct 02 till feb 06. im not bothered about the sept 02 as i know there is no charges. ive calculated the rest and it totals £2449. they have charged interest as £112 for sum months - am i able to claim that back?

 

good luck all will be in touch soon.

[ann1982]

well my partners trial date has been set. im so scared. i hope they can see we are the innocent victims. what if he gets sent down? im so worried and i know he is to but he wont open up. will let you know how things go.

[kateandpete]

any news on this?

[ann1982]

hi there. well the trial date was set for 17th october. but we had a phone call on the 16th to say it had been taken out of court on the 17th as they had an ongoing trial. no date has been set since. i really hope they throw it for good. we just want to move on with our lives but cant until this is all sorted.

[mariejader]

Hi Ann I have not been on here for some time but I thought I would see what happened to your claim against the baliff, i take it things are still going on from your last post?

 

I also assume you have had the baby by now I hope all went well with the arrival

[ann1982]

hi all. the date has now been set for 17th january. will let you know how it goes. also yes ive had the baby. little boy. called him preston. he will be 4months old next week.

[tevion]

first of all i doubt very much if he was a baliff. he was either a DCA or worked for the bank on their collections department. it must have been really distressing for you. its a pity your husband had gone to bed if he had answered the door i guess it wouldnt have happened. now to the bit where i probably get told off, if some guy pushed my mrs against a wall he would need paramedics and i wouldnt give a toss about what happened afterwards.

[abo999]

Whilst I cannot help with the bailiff incident, I would advise that you look through the FAQ's and start the process for claiming back any unlawful charges from the last six years. It won't make the assault problem go away - but it will give you something positive to focus on whilst that situation develops.

 

Keep us posted.

 

Plus you might get to send the bailiffs into Nat West

[stephendeane]

If the bailiff did as you say it would not be the first time - he would have a record of similar escapades - just a question of who to ask - the police - his employer - (best) his previous employer. Once you could prove he had done this type of thing before and lied you could "have him"

[Bilgeman]

now to the bit where i probably get told off, if some guy pushed my mrs against a wall he would need paramedics and i wouldnt give a toss about what happened afterwards.

 

 

Well said - the only way you'd get 'told off' is by insignificant, limp-wristed Tony Blair Nanny State sympathisers who don't matter anyway and have no bearing on anything that happens at your own front door. Tell them to **** off and put the living fear of crap into them.

 

Oh and, by the way, Good Morning....

[JonCris]

I've said this before but I suggest we need a a 'buddy system' simular to the court one so that members can if they choose invite other local members to their homes to be present (preferabley mob handed) when one the DCA's call............to stop them forcing illegal entry............& to keep them honest..............& to intmidate them

[noomill060]

Im sitting here, open mouthed after reading this.

 

Any news about the court case?

 

Did you make complaints against the coppers?

 

Did you find out if the "bailiff" had a warrant?

 

Jayzuz, In Northern Ireland, the bailiffs last tried this kind of stuff in 1970. Bailiffs had the authority to enter property removed after this time.

 

(The fact that several were found tortured, in ditches with holes in their heads after they were declared agents of the British State by the IRA, and thus legitimate targets, may have something to do with it...)

[noomill060]

It may be connected, but many areas in Northern Ireland havant seen a TV licence detector van since 1970, either...

[JonCris]

I'm moving to NI

[twonames]

the person who attended your house was a Debt collector not a bailiff so had no right to enter your house

[gemsdad]

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