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Fair-Parking

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Posts posted by Fair-Parking

  1. TMJ 30 There have been a few threads lately that are similar to your predicament. For advice, experience and peace of mind look up

     

    Text message - bailiff calling tomorrow

     

    Drakes/Marstons broke my lock (particularly the link to Devon & Cornwall police)

     

    What bailiffs can and cannot do

     

    Scared and need some help

     

    You'll feel a lot better after reading these.

  2. Oh lamma - if only I had your faith in solicitors' self regulatory bodies.......

     

    Actually I am quite happy with the end result. Whenever Trethowans come across our scheme in future, they'll know that they will never receive a penny from the members and that there is nothing that they can do about it.

     

    That's precisely the message I'm trying to impart.

  3. Council won't take back the debt?

     

    Make them.

     

    Bailiffs are their servants not their masters.

     

    Pay the council direct and tell them that you want every penny to go to council tax and nowhere else. They are duty bound to accept.

     

    Never contact bailiffs and don't pay a penny towards their 'fees'. They have no court order for them

  4. NEVER contact a bailiff!

     

    Further you only owe what is written on the liability order and not a penny more. No bailiffs fess will be written into that order. Yes bailiffs can ASK for fees by law, but they cannot enforce them.

     

    Pay the council direct and make sure that the council understands that the money you send is for council tax and no other reason. They must accept it.

     

    Take no notice of officious council employees.

  5. The council is duty bound to accept what you can afford. Further if you pay them direct, you can avoid bailiff charges because you only owe what is on your liability order. Not a penny more.

     

    If you did owe any more by law to the bailiffs, it would written on that order.

     

    Never talk to bailiffs for any reason and don't let the council tell you that they cannot deal with it 'because it is in the hands of the bailiffs'. The bailiffs are their appointed servants, not their masters.

     

    And don't let me get into the debate about the council passing your private details onto private citizens without your knowledge or consent and in contravention of the Data Protection Act 1998.

  6. If changing locks is not eviction, then why would you need a locksmith when if force is allowed you could kick a door in or break a window?

     

    I can only guess that Mr McKenna has not thought this through because he has never actually used a locksmith. Thus he doesn't seem to realise that he would have to look a family straight in the eye after he had evicted them. Indeed he doesn't seem to realise that private citizens tampering with another's door is criminal damage.

     

    Further the person inside could barricade the door, then the bailiff would have to resort to the measures described in paragraph one.

     

    I wonder what the parting comment would be for some bailiffs in such a case. 'Serves you right?' 'I hope that has spoiled your day?' or 'Here is our leaflet on getting rehoused?'

     

    C'mon John quote us the statute that allows such thuggish behaviour.

  7. No you can't go to prison. Only refusing to pay and willful negligence are grounds. Neither apply to you and you are right - the bailiff doesn't decide. The council can apply, but its long winded and on the information here, they would fail. So they are hardly likely to apply. In any event you would be notified of their application and given a day in court. Don't worry.

     

    If the bailiff turns up tomorrow and you are in, stare at him through a closed window. Don't say anything. He'll soon get the message as to who is really in charge, and eventually he'll have to go. They find silence the hardest thing to deal with.

     

    Or be out and let them stew.

     

    And never talk to them again, because that feeds them.

  8. Thats my point dear narrow minded bailiff, the only reason to change locks is to exclude somebody from their property.

     

    This person was being threatened with having that done over a TV licence.

     

    Please explain why you feel that your employers are right to send out letters threatening eviction over a TV licence.

  9. I see that there is an updated version of the D & C policy. Mine is dated Jan 2007 and therefore is different from the June 2008 version now available.

     

    Much the same message though, but with one fateful alteration. It refers to 'warrants' from the county court. As already explained on this thread, county courts issue 'Orders' and not 'warrants' except to their own bailiffs.

     

    Still this force is an example to others.

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