Baliff petition;Stop them getting a legal right to forced entry;Peter Bard

[Saffronflowers]

Right Paul is turning into a bit of a media start - Radio Cambs today I am trying to work out how to listen again if I can I will post.

 

I contacted Cambridge Evening News as regards both our stories and they are going to press tomorrow and wonderfully using the tack - why are the council still employing these guys - whoppe I too will be going to court and Paul and I will be trying to coordinate our complaint about the same bailiff to arrive on the same day.

 

Link to Look East but wont be available till after broadcast

 

BBC - Look East - Latest stories

[maybelline]

Bank Chief Fed Up With Filthy Fivers |Sky News|Business

 

£5 notes shortage, well we know thats because the banks dont put them in ATM's so to force you to take out £10, many a time I have had less than £10 but unable to take it out for the bus.

 

Plea to banks over £5 note shortage | UK Latest | Guardian Unlimited

 

sorry to drop this in bailiff thread, hope you dont mind folks:)

[davefirewalker]

just recieved this from the petition....

 

The Tribunals, Courts and Enforcement Bill which is currently before the House of Commons will introduce, in strictly controlled circumstances, a new power allowing bailiffs to force entry for the purpose of enforcing civil judgments. The purpose is to ensure that debtors cannot evade payment just by refusing entry to enforcement agents, thereby refusing justice to the judgment creditor. This will only be allowed with prior judicial authority and as a means of last resort after the judge has considered the case individually and on its merits. The conditions to be satisfied in order for a judge to authorise forced entry will be set out in regulations to be made by the Lord Chancellor, on which the Government will consult before laying. The criteria will include:

 

that other relevant methods of enforcement have failed;

the property is inhabited by the debtor;

normal entry attempts have been unsuccessful;

there is reason to believe there are suitable goods on the premises to satisfy the debt (and evidence to support that belief);

the enforcement agent has considered the likely means required to gain entry; and

the enforcement agent will leave the property in a secure state.

The power will be made available for domestic premises, but only once all non Crown-employed bailiffs are licensed by an independent regulator. The Ministry of Justice together with the Home Office is currently assessing the responses to a recent consultation exercise on this matter.

 

Removing the provision would, in effect, reward non-co-operation and damage the ability of judgment creditors to exercise their rights.

 

Similarly, removal from the Bill of the custodial offence of intentionally obstructing a bailiff would result in a debtor being able to deny justice to a judgment creditor. It is not right that a debtor should be able to avoid his or her responsibilities by deliberately obstructing an enforcement agent in the course of their lawful duties. Therefore, the Bill will make it an offence for any person who intentionally obstructs an enforcement agent. A person who is guilty of such an offence will be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding £2500, or both. This provision unifies the current disparate powers and remedies available against debtors who intentionally obstruct enforcement agents in the course of their duties into one single offence applicable to all.

 

looks like its got through

 

heres the email

You recently signed a petition asking the Prime Minister to "Amend the

Tribunals, Courts and Enforcement Bill."

 

The Prime Minister's Office has responded to that petition and you can view

it here:

 

bailiffs - epetition response

 

Prime Minister's Office

 

Petition information - Petition to: Amend the Tribunals, Courts and Enforcement Bill.

 

If you would like to opt out of receiving further mail on this or any other

petitions you signed, please email optout@petitions.pm.gov.uk

 

 

 

 

Dave

[seanamarts]

Do we know when this bill is going to be made law

[conchy_joe]

does this bill mean that all dca's may apply to the court for action by bailiffs,or is it for council use only.if dca's can avail themselves of this bill then how is the 7days/30days schedule that we use affected.can we be sitting waiting for a reply from the blair,oliver,scotts of this world and then answer the knock at the door to find a bailiff.

[maybelline]

my position on this remains the same, the clever ones that have always evaded justice will continue to do so by other means and the poor oap, and or any vulnerable groups will be the hardest hit because of the mistakes that will get through the system and the system will be abused by the dca's and others.

[seanamarts]

maybe some one should organize a march on downing street

[stan5131]

This is just disgraceful. I will never vote for this god damn government again!!!!

[frazefast]

This is just another predictable response from this pathetic government who never bother with petitions anyway.

 

It is still not law, they are just stating what they have in the past.

 

A long way to go yet folks.

[Pliny the Penuriosus]

eg Today!

 

Utility through their DCA obtain entry warrant to be exercised within the next 2 days after showing Magistrates Court a letter they allegedly sent to occupant (never received).

 

Problem? account was settled in full by bank transfer & acknowledged 8th May 2007!!

 

It's going to take a death or two to bring this pernicious law & government to account

[breenie07]

This is just disgraceful. I will never vote for this god damn government again!!!!

yes it is disgraceful. but do you honestly think for one minute that the Tories will do any better on this issue?

 

don't want an argument but doubt that a Conservative Govt. would be at all sympathetic to people facing possible 'forced entry' to remove their goods. Unless it was one of their mates who hadn't paid their Income Tax

[maybelline]

eg Today!

 

Utility through their DCA obtain entry warrant to be exercised within the next 2 days after showing Magistrates Court a letter they allegedly sent to occupant (never received).

 

Problem? account was settled in full by bank transfer & acknowledged 8th May 2007!!

 

It's going to take a death or two to bring this pernicious law & government to account

 

I am not sure this govt responds to even the most tragic and widely reported deaths, if you think about it

[The Watcher]

Removing the provision would, in effect, reward non-co-operation and damage the ability of judgment creditors to exercise their rights.

 

I wonder how they have managed for this past 1000 years, then ?

 

Similarly, removal from the Bill of the custodial offence of intentionally obstructing a bailiff would result in a debtor being able to deny justice to a judgment creditor. It is not right that a debtor should be able to avoid his or her responsibilities by deliberately obstructing an enforcement agent in the course of their lawful duties. Therefore, the Bill will make it an offence for any person who intentionally obstructs an enforcement agent. A person who is guilty of such an offence will be liable on summary conviction to imprisonment for a term not exceeding 51 weeks or a fine not exceeding £2500, or both. This provision unifies the current disparate powers and remedies available against debtors who intentionally obstruct enforcement agents in the course of their duties into one single offence applicable to all.

 

All well and good - if only we could rely on bailiffs obeying existing rules (let alone any new ones) !

 

Does anyone, anywhere, have any genuine faith in the ability of this government - the ones who have never got a computer system to work properly yet !!! - to enforce this properly?

 

Within the last few weeks (in Yorkshire) armed police have raided a house which contained a pensioner (they had got the wrong address !)

 

AND

 

bailiffs have evicted a tenant, put all his belongings out on the street (in bin bags), changed locks and gone away .... and didn't realise that yet again they were at the wrong address !

[smashedbobo]

Had the same e.mail. Time for me to leave the country. Have actually sorted out all my bailiff stuff but if this is the way things are going here then i dont want to be in a country that is scared to death to go out or even scared to be in there own homes. Very very sad. I really do not know what else to say.

[breenie07]

All well and good - if only we could rely on bailiffs obeying existing rules (let alone any new ones) !

absolutely!! and yes, like several other posters here, I too wish I could get up and leave old Blighty. And, would take great pleasure in leaving all my debts behind, haha!! Sadly reality tells me something else.

[Francesco]

I pretty much expected it to go through, ignoring amendents and details, such as whether a debtor will have the right to be advised of a petition being presented in a local county court and having the right to oppose the granting, ie, only crap furniture, ten year old tv etc.

There was a reference to goods on the premises to satisfy the debt,

''and evidence to support that belief''

Perhaps that may become the next battleground/Consumer Action issue.

 

 

I still believe people will set aside funds or reserve space on a credit card to present their own insolvency petition, (if that is allowed)

[conchy_joe]

has this bill actually been passed, and if so who has the right to go to court and set the bailiff procedure going.are the debtors forewarned by the court of any impending action by bailiffs and given time to rectify the situation, because if no notice is given there will be hundreds of people who are going through (or have completed) the 7day/30days period that is given to creditors to comply with the consumer credit act who may be visited by these guys.

[The Watcher]

I still believe people will set aside funds or reserve space on a credit card to present their own insolvency petition, (if that is allowed)

 

All of that could be too late - if the bailiffs can actually get all your assets in advance of a petition.

 

What is really going on, here, of course, is that the government are "paving the way" for the huge explosion in debt which is about to happen.

 

They have allowed their big-business friends to "sell" loans / mortgages / cred cards etc in ever increasing numbers - and the bubble is about to burst !

 

They are just paving the way to help their friends (and backers?) along.

[smashedbobo]

What it mean is that as far as having goods to satisfy a debt if any one has anything of any value, then if they are worried about getting a visit from a bailiff then all they will do is move their own things somewhere else. And lets face it when our goods go to auction even quite valuable stuff they make a pittance anyway and nowhere near cover the debt nevermind the bailiff fees. So what then. How are they going to get the money then.

[The Watcher]

So what then. How are they going to get the money then.

 

It'll be the comeback of debtors' prisons, I expect !

 

The government has already removed many of our rights - and are currently planning laws that will enable them to "lock up" people just in case they "may" commit a crime in future - so why not debtors' prisons again?

[conchy_joe]

sorry, but i have to ask again,is there any point in requesting a copy of the credit agreement,waiting 7 days and then a further 30 days, a dca could anticipate the debtors action and make an application for bailiffs. another VERY disturbing thought is haunting me...what if the judge that hears a request for bailiff action has no sound knowledge of the consumer credit act, after all, the people i have spoken to at the DTI don't seem to be too knowledgeable about it.a lot of "what ifs" in this suddenly very grey and slightly frightening area.has anyone got positive info' regarding this bill as right now it seems to be a very dangerous loose cannon.

[Pliny the Penuriosus]

It is just that conchy. Those proposing it as well as those who have drafted it are idiots Either that or they are just plain malevolent

[Peterbard]

Hi

 

I am sorry

 

I have been away having a bit of an opp on me ticker. and then had to recuperate for a bit.

 

Everything is happening

Firstly Phil Evens has now come over entirely to our way of thinking based on his researches into the bailiff’s regulation situation and the fact that there is no workable suggestion on the board.

The good news is that MP Austin Mitchell has put in a Major amendment that we have hopes that will stall the reports stage and take it into the new sitting.

The bad news is that the reports stage and the reading will be on Wednesday this week as you know the day they break up. Not the best time for serious debate when everyone wants to go off to their summer retreats.

 

I will be posting all the information I can over the next few days including the amendments of Mr Mitchell and comments from various MPs we need to get these out as many MPs as possible asking them to support Austin’s amendment, If they cannot get part 3 through they will have to carry it over till next term.

By the why notice they responded to the petition with the smallest number of signatures and that didn’t mention the antics of 2004 when the house was hoodwinked into passing the earlier bill.

 

I will be contacting al the major Papers on Monday.

 

Going to be busy Monday and Tuesday

 

Best regards

 

Peter

[Pliny the Penuriosus]

Well done Peter. Glad to see you back & goodness don't we need you

[Francesco]

Peter,

 

Thanks so much for your efforts on behalf of us all.

Please leave yourself time to put your feet up, with a glass of something.

 

God bless.