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

[Oh Boy!]

Exactly....case in point.

 

I have heard it many times before, were are reputable, we are this that and the other. SURE!.

 

I went to a business premises today for an outstanding warrant, car show room, a family run business, i approached the owner identified myself explained why i was there and what i hoped to achieve before i left the premises.

 

The owner went berserk, "i am not letting you take car registeration numbers, your mad...." all the while i was just smiling at him, when he stopped, i asked "have you finished?", he made no reply, i told him that i was not a private bailiff, i am not likely to dive in and start calling lorries in to remove the vehicles, i told him that this was an intial visit that he did not have to pay any "visit fees", and that he can pay within 28 days or appeal to the court, however having taken the time to befriend him, he told me that he had brought the premises some months ago including the vehicles from the debtor, i asked for and received evidence to support the fact, i asked for copies and got them. I then cancelled the warrant.

 

Here was a man that was enraged that his goods where going to be removed, infact he told me that only 3 weeks prior to me arriving, a private bailiff firm did turn up, he provided the same evidence, but they chose to IGNORED IT, only when police were called, then subsequently a inspector had to show up, did the bailiffs leave.

 

Why did it take me an amicable 20 minutes, and the private bailiff whole 2hrs with police, i guess commission has everything to do with it, and other reasons like GREED.

[The Watcher]

I think a key part of the new legislation is: "there is reason to believe there are suitable goods on the premises to satisfy the debt (and evidence to support that belief);".

 

A bailiff may believe all he likes that there are suitable goods on the premises, but how, exactly, is he going to provide the evidence to support his belief?

 

How can a bailiff possibly know, let alone prove to a magistrate how much the goods in my property are worth (or indeed, how much they would fetch at auction)?

 

Very interesting point - I suppose they will say they have seen "goods" through the window etc.

[davefirewalker]

I have just sold ALL my goods.....and am renting them back

 

I have a contract and receipt to prove as much.

 

How would they go on then ??????

 

Dave

[JonCris]

Very interesting point - I suppose they will say they have seen "goods" through the window etc.

 

They almost certainly will.

 

The stipulation, like much of the so called debtor protection incorporated in the act is meaningless. It only works on the assumption that the DCA's will act fairly & within the law & we all know that won't happen.

 

Given these powers they WILL abuse them from the outset - the ordinary debtor has no hope of enlisting the help of the authorities or the police -

 

The police, as seen on TV, appear to have become willing participants of the debt collectors in helping them make collections. Methods which in many cases display complete disregard for the law they are supposed to uphold

[JonCris]

I have just sold ALL my goods.....and am renting them back

 

I have a contract and receipt to prove as much.

 

How would they go on then ??????

 

Dave

 

To be honest Dave if past record is anything to go by they won't care - they'll still take them.

[robin9342]

They almost certainly will.

 

The stipulation, like much of the so called debtor protection incorporated in the act is meaningless. It only works on the assumption that the DCA's will act fairly & within the law & we all know that won't happen.

 

Given these powers they WILL abuse them from the outset - the ordinary debtor has no hope of enlisting the help of the authorities or the police -

 

The police, as seen on TV, appear to have become willing participants of the debt collectors in helping them make collections. Methods which in many cases display complete disregard for the law they are supposed to uphold

 

Of course they will abuse them (although they won't be able to see in my flat windows, several floors up). I do foresee a huge increase in violence towards bailiffs and subsequent arrests. Yes, the police do tend to favour the bailiff, but I dont think the police have the resources to attend every bailiff visit.

 

The new law requires the bailiff to prove to the magistrate that there are enough seizeable goods on the premises before a warrant is granted. We all know bailiffs are not exactly the most honest of people, but the magistrates will soon get fed up of being lied to. If a bailiff removes goods he is not entitled to remove, is that not theft (or even burglary)?

 

I know us Brits are not particularly good at standing up for ourselves, but I think that will change when bailiffs start breaking in to peoples houses with impunity and stealing belongings just because they owe, say £25 to a credit card company for example.

[The Watcher]

I do foresee a huge increase in violence towards bailiffs and subsequent arrests. Yes, the police do tend to favour the bailiff, but I dont think the police have the resources to attend every bailiff visit.

 

That appalling TV programme shows that the police tend to "back up" bailiffs - often without any real knowledge of the law, and frequently without (apparently) questioning the bailiff and checking the facts.

 

I also forsee a major bailiff incident very soon - one which will grab national headlines - and then everyone will say "we never knew about this ... how could it be happening?"

[JonCris]

Simple Watcher as we have see by Tone's latest job this lot are in the pay of the money lenders (incidentally we now know why we went to war) -

 

Hain apparently gave a glowing testimonial to Picture Loans - yes the one with what must be one of the most annoying ads on TV. - Is there no end to their avarice

 

Robin obviously you haven't been watching the programme. When the bailiffs 'requested' police assistance at least 3 cars arrived - so if they haven't the resources what's that

[robin9342]

Robin obviously you haven't been watching the programme. When the bailiffs 'requested' police assistance at least 3 cars arrived - so if they haven't the resources what's that

 

Yes, I realise what you are saying, but when the bailiffs begin to abuse their new powers on a routine daily basis, the police wont be able to keep up with all their requests for assistance

[The Watcher]

Yes, I realise what you are saying, but when the bailiffs begin to abuse their new powers on a routine daily basis, the police wont be able to keep up with all their requests for assistance

 

That, I'm afraid, could be a two-edged sword - and actually work against the debtor.

 

The police generally try and prevent a breach of the peace, but if the bailiffs KNOW that the police will not attend, then it gives them carte blanche to assault, use excessive force and any manner of other breaches.

[maybelline]

how disgraceful that councils send out threats of summons when they are in error, oh its just the computer?????!!!!! its about time councils followed procedure properly and stopped intimidating the old and vulnerable and took responsibility for their actions.

[The Watcher]

how disgraceful that councils send out threats of summons when they are in error, oh its just the computer?????!!!!! its about time councils followed procedure properly and stopped intimidating the old and vulnerable and took responsibility for their actions.

 

Some Hope !

 

The BBC have been running a story in Yorkshire, where 130 motorists have been offered refunds for fines they paid after being "caught" be speed cameras. Problem was ... the cameras were operating illegally !

 

One man subsequently lost his job and his home, as a result of the "fine" and the Council say its all his own fault !

 

BBC News Player - Refund after speed fine error

[maybelline]

BBC NEWS | UK | Bailiffs 'unlawfully enter homes'

 

let the BBC know the asked for comments.

[The Watcher]

BBC News this morning (TV) actually mentioned a recent report by Consumer Council (Debtline?) that says many bailiffs are already abusing the law. They also said that the police (through lack of knowledge) often assisted bailiffs.

 

Anyone else see this - or know more about the report?

[davefirewalker]

BBC News this morning (TV) actually mentioned a recent report by Consumer Council (Debtline?) that says many bailiffs are already abusing the law. They also said that the police (through lack of knowledge) often assisted bailiffs.

 

Anyone else see this - or know more about the report?

 

Yeah the same small snippet of news has been repeated all day.

 

nothing much added to it.

 

Dave

[maybelline]

yes I saw it which I why I posted the link as they ended it by saying they wanted to hear from others who had this problem with bailiffs, so thought of CAG of course!

[kennyh]

Is it yet time to gather on the terraces for the "And now they're gonna believe us" chant?

[maybelline]

dont count your chickens

[JonCris]

Even if someone dies as a result of this squalid act, which will almost certainly happen, - the politicians will bury their heads in the sand - until that is it happens to one of their loved ones - then watch how indignant they get. [EDIT]

I understand what you are saying and I agree with your sentiments. Unfortunately the last sentence, basically wishing someone dead, was offensive and the subject of a complaint.

[The Watcher]

Even if someone dies as a result of this squalid act, which will almost certainly happen, - the politicians will bury their heads in the sand - until that is it happens to one of their loved ones - then watch how indignant they get. [EDIT]

 

I sense a new atmosphere developing generally. After the recent murder (by yobs) of Gary Newlove, the local police chief said he still encouraged people to "have a go".

 

The Home Secretary's statement that she "would not go out on her own at night" also shows that largely society has abandonned its citizens to fend for themselves.

[JonCris]

I sense a new atmosphere developing generally. After the recent murder (by yobs) of Gary Newlove, the local police chief said he still encouraged people to "have a go".

 

The Home Secretary's statement that she "would not go out on her own at night" also shows that largely society has abandonned its citizens to fend for themselves.

 

Of course he did as relying on them, despite repeated requests, was clearly a complete waste of time - The police, the politicians and not society, have abandoned the streets to the yobs - its got nothing to do with red tape or police time spent behind a desk - that's a smoke screen raised by the police themselves (& politicians) to hide the fact that most police officers want to spend their time in a nice safe, dry police station - when they aren't driving around in cars that is. - Otherwise how does one explain last years revelation in the press that one! police officer, who was making 800 arrests per annum, was having an effect in controlling the local yobs - the publicity surrounding that soon died out because it was bringing into sharp focus the falsehoods being spouted by the rest - that they couldn't do their jobs because of red tape - commit a thought crime & they'll soon have time to knock on your door

[maybelline]

anyone see the item recently about a dsiabled man whose home was broken into, he was hurt also, cant remember where I saw it but cannot find any mention of it anywhere now?

[maybelline]

BBC NEWS | UK | Bailiffs 'unlawfully enter homes'

 

found it, it is the videolink.

[JonCris]

Disgraceful - the police should hang their heads in shame - but won't of course

[The Watcher]

Disgraceful - the police should hang their heads in shame - but won't of course

 

More police forces should make their officers aware of the law - as Devon and Cornwall have tried to do -

 

http://www.devon-cornwall.police.uk/v3/pdfstore/CJU_D222.pdf