Ch 5 Cant pay we will take it away , fact check

[brassnecked]

Just about to go out to find a uniform, black stab type vest and reflective labels that look like Police. Also buy a van and apply reflective strips that make it look like a Police vehicle.

 

The people appearing on these programmes are close to impersonating Police Officers and they are carrying out their jobs in a way that is often close to breaking the law. The should release that they only have protection of not being prosecuted while carrying courts writ work, if they carry out their work in full compliance with the law that applies.

 

And it should never be allowed for any HCEO to be based in Florida and to delegate their authority to employees in the UK.

Yes they are very close to the wind with the uniform, as to the offshore HCEO, the egregious Sandbrook should have her certifications removed, she cannot exercise due diligence and supervise her minions effectively.

[tommy456]

Note to burglars- wear a white shirt and black jacket, call the police to the address you want to break into and and then tell them you have a warrent to seize all of the goods there without showing any authority to even be on the doorstep. The police will then most likey stand by why you go about your thievery.

 

The problem is the police are not trained in any aspect of civil procedure ( they get court training for being a witness in a crown court) so dont know what is waht bur are instructed to take control of any situation they fond themselves in so will always do smomething, even if that something is the wrong thing. Also, why was it a breach of the peace? The Breach of the peace Act is to prevent people reacting to a situation and then committing another offence so why werent teh bailiffs arrested for that as they caused the disorder.

 

Look at govt documents about what they would do in the case of a complete breakdown of civil order after an evernt like a nuclear attack. anyone in uniform- traffic wardens, St Johns ambulance brigade, boy scouts etc would be given summary powers just because they have a uniform. Would you lie in your bed feeling safer knowing that after a nuclear attack these people were armed and put in charge of road blocks?

A civil war may not be that far away unless some drastic changes are implemented but regime change is needed for any progress to be made, away from the corrupted politics of the LIB/LAB/CON alliance which has not worked well gor several decades, and now all may as well be one party

[Old Cogger]

too laid back in this country = politics is a tool used to keep populous down with debt and survival worries hence they allow companies to operate with money distribution and charge massive/evil % rates, who looses the poor, they thrive on greed in that building Fawkes hashed on doing a job centuries ago!

[ericsbrother]

many laws in this country are designed to protect the wealthy's money. look at the limits fro Employment tribunals compared to using common law civil procedure. The top echelons who get scked for being rubbish at their jobs (it does happen sometimes) sue using the High Court as the monies involved are pretty huge by most people's standards. It is basically corporate wars using lawyers instead of mercenaries as they did in medieval times. The powers that be are never going to challenge the system that put them in place.

So, if the peopel whose flat was raided made a complaint against the police it would go nowhere, the officers may be reprimanded and that would be unfair because it is a lack of training that has caused the problem and the doorsteppers will not lose their jobs because a judge will decide that although the occupants were treated badly and the law was broken it would be unfair to deprive some blokes dressed as kevlar cowboys of their living because then chaos would ensue as every lowlife would avoid their debts (no determination of what a lowlife is nor whether the debt is genuine in the first place)

Those who are the problem know all of the dodges so avoid paying up anyway. It is mostly those who really cant pay who get the full TV treatment. i am waiting for the day that one of the bailiffs say to a punter "no, dont ask your grandad to pay it for you, it isnt his debt and we will just leave as you have no money"

[daverules]

Have to love the comment at 36.28 where the lady says she will call the police and the response is

"well call the police then, their here to assist us"

Sadly the above comment is becoming truer by the day.

 

Regards to all

[Old Cogger]

can see the dictatorship being brought to book in this country as has been done for decades in other so called democratic countries, the fall of party politics, look what we have now - no proper leadership just minions, something drastic will happen to these people before common sence prevails - history proves that is how the establishment works - ooppssss must remember have been told before shut up as what I have said has proved to happen in the past, todays rant finished!

[Peterbard]

Is it me or is everybody getting a bit Citizen Smith no here lately

[Leakie]

May be just realising things have got out of control a bit and do not like what they see and hear,

[brassnecked]

Is it me or is everybody getting a bit Citizen Smith no here lately

Corbyn is.

[GrumpyToSayTheLeast]

Have to love the comment at 36.28 where the lady says she will call the police and the response is

"well call the police then, their here to assist us"

Sadly the above comment is becoming truer by the day.

 

Regards to all

 

That's been true for many years already.

Section 99, Schedule 7, paragraph 5 of the Courts Act 2003:

 

5. It is the duty of every constable, at the request of -

 

a) an enforcement agent or

 

b) a person acting under the enforcement agent's authority,

 

to assist the enforcement agent or that person in the execution of a writ.

[ericsbrother]

that is not the same as allowing someone to force entry when they have no right to. The writ would have been executed by them knocking on the door and saying they have one and leaving their letter.

[Peterbard]

Doesnt that only apply to land and writs not using the schedule 12 procedure Grumpy ?

 

House and land repossessions etc.

[GrumpyToSayTheLeast]

No, that's always applied to the enforcement of all high court writs, not just writs of possession etc.

[toofiegap]

silly question but do the bailiffs on the show have to be certificated (almost ,said certified LOL) as I cannot find one on the register ????

[Peterbard]

Yes.

[GrumpyToSayTheLeast]

silly question but do the bailiffs on the show have to be certificated (almost ,said certified LOL) as I cannot find one on the register ????

 

Yes they do BUT...if there are too EA's enforcing, then only one needs to be certificated. Essentially an EA and a porter.

[Peterbard]

No, that's always applied to the enforcement of all high court writs, not just writs of possession etc.

 

I dont agree . Enforcement under the schedule is not governed by the high court enforcement act, the procedure comes under the TCE. There is no mention of police involvement.

 

In fact as far as i know the only time the police can be used is under section 15/21 TCE when the forced entry application is made(under warrant of the court).

 

The TCE amends the schedule at section 6

 

(9)In subsection (6), after “In this section” insert “— “the enforcement officer”, in relation to a warrant to deliver possession of land under this section, means the officer or officers identified for that purpose in paragraph 3A of Schedule 7 to the Courts Act 2003, and”.

(10)Schedule 22 makes consequential amendments.

 

Perhaps HCEO will comment.

[CharlieRoxy]

I Had a county court judgment against me for closing a small shop when the business was up for sale. total dept 6k plus 3k fees.

 

I was two days into a weeks away on holiday 300 miles away when 'high court bailiffs and C5 turned up at my home,

 

 

while I was away my 70 year old parents were doing a bit of decorating and my mother was knelt down behind the front door when the two thugs pushed their way in even after being asked to leave.

 

 

they said they were going to take my wifes car and all electrical goods from the house and proceeded to stack items at the front door.

 

My father called me and I told him to ask them to leave and/or call police as i was not there

police said nothing they could do and never attended the property.

 

 

I tried to call 999 from scottish highlands but could not get through to english police station so that failed.

 

 

the bailiffs told my father i had twenty minutes to pay 2.5k or they were loading the van so my wife paid it via credit card although it was not her debt.

 

I have since gone bankrupt (I had no other choice as I could not work for medical reasons)

My wife is now trying to retrieve the money that she paid 'under duress' but that was eight weeks ago and nothing happened yet.

 

We left the holiday and went home to sort things out and lost the remaining five days that was all paid for eight months earlier.

 

 

is there anything I can do about the way thing were done.

Can bailiffs video on private property without permission,

I thought the law said they had to be filming from public place.

[dx100uk]

business to business debt

sadly they have all the cards.

and yes ofcourse they can video [body worn stuff]

as for the film crew

you can ask them to leave

 

 

why don't you do a section 75 as a credit card was used under duress?

[CharlieRoxy]

Section 75?? my wife has written to them twice but had no reply yet.

 

I have just googled Section 75.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?473624-Section-75-and-Charge-Back..-gt-Whats-the-difference-and-how-to-utilise-them

 

 

phone the card issuer.

 

 

dx

[Andyorch]

May not be that straight forward being a payment to a Bailiff ...I have heard of claims being rejected DX.

[MaxxPower]

I've just noticed this show has now been added to Netflix.

 

It's located under the (and I'm not joking) "Sci-Fi & Fantasy" section

Might be a little mistake, or a bit of a commentary on the show by someone at Netflix.

[Peterbard]

Lol

[caledfwlch]

business to business debt

sadly they have all the cards.

and yes ofcourse they can video [body worn stuff]

as for the film crew

you can ask them to leave

 

 

why don't you do a section 75 as a credit card was used under duress?

 

Out of interest, which part of the law allows the filming, even by BWV on private property without the permission of the property owner/tenant or the people on site?

And of course, which part of the law allows commercial film crews to attend enforcements with Enforcement Officers?

I don't see the bits that allow an EA to have "assistance" would cover it - any sane mind reading that regulation would read it as assistance to enforce - the presence of a commercial film crew, making a tv show for profit is not in any way assisting the EA.

 

It would just be nice if it turns out that film crews are indeed breaking the law, though I suppose they would try and hide behind the Administration of Justice Act. Though it occurs to me, that the argument Police use to be acompanied by commercial film crews whilst they deal with suspects, does not necessarily apply, nor was intended to apply to civil debt issues.