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MacLebaski

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  1. Thanks so much for replays . Yes, I did pay by debit card . Can I call my bank to say that this payment was a fraud and ask to return it ? There should be same governments guideline if not legislation that there was something not right in bailiff action .This would be a start to make a complain to Marston and than taking them to small claim court ? I think that Enforcement office did not do a good job either knowing to what problems they expose debtor without removing a warrant. The conversation with lady from Enforcement Enquires were long and her arguments were far away from legal language. Her position was that this is now between me and Bailiff and it hasnt got anything to do with Enforcement office
  2. Ye I did asked for breaking the costs. Compliance 75.00 Attendance 215.00 Virtual L/smith 156.00 Why Police which supposed to protect public allows for this procedures ? I did asked Police officer a few times if they have any police legal advice number to clarify who is right ? I showed her bailiffs notice of removal and Marston Charges proofing that the sum they demand are only charges alone without any fine outstanding. The fine was paid over two months ego and they do not even make a secret that they are only after charges. ps I did pay because i need a legislation to back up my case. I would arrest the bailiffs in front of officer if I had it printed black on white and he attempted to break in. The officer did not know if the Bailiff acts legally or not so she needed that Act, legislation as much as I did P.s. well when the police officer is present his/her duty is to prevent crime. Member of public can only assist if asked so legally I was not permitted to arrest him but definitely I would protect my household. My house is my castle
  3. Now I need a lot of help. I lost hope for justice completely . The bailiff visited me as promised. I handed to him a note I received from CAB : if the client pays the debt to the creditor but without paying bailiffs charges , before a seizure has taken place the right to levy distress is lost and a levy for the charges alone is illegal. for the example, if the debt is paid to the creditor, and the bailiff is instructed by the creditor to withdraw, the bailiff cannot levy goods from the client to recover his/her costs He called a Police. Police officer attended and I have invited her inside. I explained circumstances of this case that according to the legal advice I received his warrant is invalid and his action is illegal. She was a nice yang lady who started the conversation that she did not come to assist him in any form only to prevent breach of pace. She was not able to seek any advice on the spot if the warrant is valid or not. She said that if it is invalid he is breaking the law and he will face consequences. (obvious ). I said ok than I will pay to finish it now and I will take a legal action for committing a fraud. We step outside to inform him of decision ... and he said that the locksmith was already called and he must charge his fee as well... I said OK If I am forced now to pay for a virtual Locksmith I want to see the man if he really turns up I will report criminal damage . I asked for Police reference number and Police officer details to use her as a witness. We waited for a few minutes and I felt so sick that I stopped it and paid also for a locksmith. All together 447..00 when there was nothing outstanding and the case was on hold at the moment of paying a fine to court. What is my legal position ? What Acts, Section should I use to back up my case ? Where to complain ? Shall I take a legal action for a day light fraud ? Bailiff repeated that the above advice from Citizens advice bureau was for Civil cases not criminal . Is he right ? What a criminal offence is it in the first place to not tax vehicle on time which is parked off road and the owner had to stay longer abroad.
  4. The time runs when tomorrow morning I can expect that nasty man on my door step. I am still straggling to clarify what is my legal position with Marston demand for 290.00 when they acknowledge that the debt was paid in full. this is what i have got from CAB if the client pays the debt to the creditor but without paying bailiffs charges , before a seizure has taken place the right to levy distress is lost and a levy for the charges alone is illegal. for the example, if the debt is paid to the creditor, and the bailiff is instructed by the creditor to withdraw, the bailiff cannot levy goods from the client to recover his/her costs how to understand it exactly ? the first part clearly says that if debt was paid to the creditor before seizure has taken place the right to levy distress is lost and the levy for the charges alone is illegal. FULL STOP but than there is an example "if the debt is paid to the creditor, and the bailiff is instructed by the creditor to withdraw, the bailiff cannot levy goods from the client to recover his/her costs" in my situation enforcement officer said to me on the phone that there is no outstanding balance on my account but I have to deal now with bailiff... When CAB worker read above note to bailiff he said that this is a criminal meter and the procedures are different ... Is he right or is he lying ? Any advice will be appreciated
  5. My house was in the past laterally raided by bailiff with company of Police. This are "the benefits" of renting rooms and being away often. Some loggers live behind unpaid fines and the surprise comes early morning banging loudly to the doors lol Last time it caused so much stress when I tried to preserve my rights and principles that to be honest I have never recovered from it. The story was like from American movies. who is interested can briefly check my previous posts. The system in this country like in all of socialistic/communistic countries EU is so bureaucratised that the common sense might be lost forever. The system psychologically tortures people ones they are drugged into it. The real justice is for minority who can afford solicitors, lawyers or who are very smart with plenty of time to find their way around that system. I worked for most of my adult live in England in security industry. I have seen so much radicalness in jurisdiction system that I have lost faith in it forever. I am about to move to middle east. For the past years I have travelled a lot as a close protection officer. Surprisingly I have found a lot more freedom in those countries than in Europe. Life is simple and people smile. They do not have that whole ballast we carry on our shoulders in Europe. The place I am moving in to run a hotel/ restaurant is called siwa oasis and is situated in the middle of Sahara. the web site will soon fallow greatescape.net or something like that. I will make up date if anybody will be interested in absolute relax and maybe to move in if accepted by Beduins. There is always room for good people
  6. Hello Everybody with similar problems ! and good people coming here to help Once I was abroad for a long time two of my vehicle road taxes expired. Both of them were parked off road. One in garage area the other in residential bay associated with the terrace house I live in . The clamping company claimed that they were parked on road... I paid realise costs of the one parked in residential bay. I have written to court that I am willing to pay DVLa fine for untaxed vehicles but I already paid to their contractor for unlawful clamping. I indicated in posted by court form that I want person who clamped my vehicle present in court. I have no heard anything from Court until I received two further step notices. One asking for 971.00 the other for 293.75. I heve written to them back asking to appeal in both cases. The court sent me back appeal form. With the help of CAB Enforcement office put on hold my cases giving me more time to appeal or pay the fines. I decided I had enough of it and paid both fees at the same time. Three months later I received Removal notice from Marston. They do acknowledge that the fine was paid and accepted by court but they still want 290.00 for only one case. I called Enforcement office asking why they sent it back to Marston once the cases were on hold and they received full payment . And why they sent back to Marston only one case when two cases were on hold. The answer was that i was lucky with one case.. Can Marstin bailiff charge levy fee of 215.00 when the fine was paid in full and accepted by Court ? Regards Mirek ps after phone conversation to bailiff when I mentioned that I am going to be away over bank holiday and I can continue dispute during the week he made statement that when he visit my house on Saturday, he will wait for one our than with assist of locksmith he will open my door, change the lock and after doing his job he will drop the key to police station. I know that Magistrate court bailiffs have got a lot of power and I wonder if it is worth go gamble my belongings. also I have heard from my close friend that he happened to be in the house visited by the bailiff from Marston where the person they had warrant moved away but they still nicked my friends 1000.00 watch from fireplace and did not recorded it ...
  7. A few more questions & thank you so much for the previous advices . I am in the middle of writing complain and still do not understand this subject entirely As above. Ones inside does warrant gives bailiff the rights to search the property for proof that person he is looking for lives in that property ? Can he ignore tenants which in police presence showed their ID's and clearly stated that nobody with the name on his warrant lives in that property ? Meantime police officers have violated Article 8 of the European Commission of Humans Rights Convention (the right to privacy) when they entered property in the purpose of preventing a breach of the peace and actively helped bailiff in search. The police officer may search the premises, but the power of search is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised. Any further search is unlawful. Apart of it there would have been no need for the police to enter as they had if they had considered the situation appropriately. Their entry was disproportionate to the legitimate aim pursued. I was away that time living the house through the main entry informing bailiff that I will sort him out on the way to work by reporting him for threats of breaking in and attempt of force entry by pushing me
  8. yes it was Marston. He refused to show me even his ID on the first encounter before I will show him mine. I have seen the removal notice/warrant only after he left the house. During discussion he showed me some leaflet treating about criminal law, domestic violence and serious criminal offenses. I asked him what it has to do with me and your presence here ? If it was a criminal warrant it is a police job not yours. He said that he will show it only to me when I will show him mine ID I said to him good luck and I left
  9. yes there is a bit more for sure. some personal aspects.I am between jobs in front of big decision if I want to continue stressful job and lifestyle in UK or migrate somewhere tropical to enjoy live for change. I have been threaten many times because of my work, fallowed on the roads, my dog was shoot while I was dealing with dangerous gang, I have been a witness many times attending courts hearings helping to lock up violent criminals and in exchange I could hardly relay on police back up. I have treated my house as a refuge of all of this. a castle in which I can fill save and be protected by law and ideally by a shoot gun waiting somewhere near the door step. This will never happen unless moving to america. because of this single aspect alone of firearm possession citizens can feel that they are in charge of own lives. Dignity and it protection is in my opinion one of the most important aspects of our existence. I am terrified reading through this forum how much distress people are because of those primitive practices in the era when the most basic Intelligence could establish who lives under certain address. One more irony when about a year ago my car was burgled and I had to wait for a three days before police patrol arrived to say that fingerprints left by burgles are to dry now to be taken of the vehicle. staff shortage ! while yesterday I had six of them wasting their time. My dog found a scent and got me to the spot where buglers abandoned some gadgets from my car . That was a place where they must have parked their own car. The spot was covered by Tesco store CCTV system. I went to the store. I have spoken to store manager giving him frame hrs I am interested in and the footage was waiting for police officer to look through. No police officer has ever ask for it in spite my few requests. In some parts of london there are already private security companies doing policing in the street as police is less and less reliable . They are walking residents to the car and to the front door if they ask for it. that is what kind of police people expect to have and they are paying for. In my event Police has forgotten who they suppose to have protect from who. This is my house, my castle and I have an intruder in front of my door step.
  10. Thats how I can see it. I did already complain to Surrey police and I will be talking today to the Inspector who is he involved in this event He already looked at the case and predictably judged that there was everything alright while even Lady in police switch board agreed while discussing first part of event that he has broken the law by threats of breaking the door and by attempt of pushing his way while I was on the door step There is another aspect coming to this event. while dog was let out outside a postmen was two houses away from mine. he stopped his job and basically run away until the dog was securely lock inside. I will try to get his statement today Yes apart of 4 CPO's there were two police officers with them but they did not participated in the search much. they were lifting only things which were visible on display what they are allowed to do once inside property
  11. Thanx so much for answers. Together with my net searches and todays visit to CAB it helps me to understand what has happened today and what to do with it. I have to say I am still very disturb by it and I will have a sleepless night. I was not aware that event like this may cause so much distress. it appears that apart of citizens who can afford for tall fences, own security personnel and a family lawyers every second class citizen who can not afford for such a things can be raid by some idiot accompanied by morons community officers and they can do things which in criminal law are reserved only for serious criminal offenses. I did a bit of homework and thats how I do understand it 1 Breach of the peace committed by Bailiff by threats of breaking the doors and attempt of force entry by pushing his way while I was standing on a door step. (one of the tenants witnessed it) He was a county court bailiff without the rights of force entry 2 Breaking Health & Safety rules by bailiff and police officers when they entered property where potentially dangerous dog inhabits also by letting him outside and exposing to danger members of the public. Only authorized professional can judge and assist in such a case. Police dog handler or security dog handler or some certificated dog trainers 3. illegal property search and possible unreasonable force entry Police could enter the premises on the grounds of preventing breaching of peace ( if a serious or dangerous incident has taken place.) I as was away carrying on my every day 'duties' and there was not such a threat. All three tenants present in the house showed their ID to police and they clearly stated that the person they are looking does not live under this address. they said they do not wish their present in their house and do not allow for a search without a search search warrant. on this stage police officers should explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not. instead they answered to one of the tenants that it is nothing to do with him and carry on with the search. one of female community support was pawing with her dirty hands a duvet hanging on the laundry hanger... was she practicing her pawing skills ??? or search atmosphere did spread around the house and she didn't want to be any worse?? even when police performs search without a warrant followed by certain serious offences they can search only for evidence relating to the offence for which the person has been arrested. What support officer was looking in the hanging laundry ???!!! I do still believe that police do some good job out there in the streets and I believe even more that community officers are morons wearing police like looking uniforms. I think that if I was to let it go without bothering to make any change the next time they attend similar case they will be even less professional. Therefore I still need some advices how to handle it. I will also visit a solicitor and might left it to him/her to sort it out for me
  12. Hello everybody. I would like to share with you my today's disturbing event and ask for possible advice how to handle it correctly. It is a long story but hope somebody will have patience to read it. I know the criminal law quite well and a bit of civil low. It is also not easy to intimidate me but I am short of temper if somebody wakes me up at 6:00 am in the manner bailiff has woke me up today by knocking like an idiot and shouting that he will brake the door or call the locksmith to enter the house ! I stepped outside with a torch calling him f** idiot and to get out of my door step before i will beat him up, than I asked who he was. He answered that he represents Magistrates Court and he came to empty my house ... He pronounced some surname I have never heard . I did replayed I do not know the person and now just f** off. He also refused to show me his ID before I will show him mine. Because he was threatened by me with physical violence, police had duty to attend his call what they did after I left the house at around 8:00am Now interesting part starts. While I was living house he was still there trying to force entry by pushing his way inside. I pushed him back and my patience ended. On this stage if he continue I would punch him. I demanded one more time his ID and I said to him that I will sort him out on the way to work and if he was not such a d**k head He might would find sometimes people willing to cooperate. He showed me his ID this time, I wrote it down and I left. There was still a couple inside the house I shear house with and my trained working security dog - breed Cane Corso. Just when I left the house the man climbed through the window and entered property. The couple ask him to get ** out of the house and the dog was waiting for a command... I am a close protection security officer and I use to be also a security dog handler. The dog went through intensive training involving controlled attack, firearm search and is extremely obedient. If he was not, this tape of dogs would kill the intruder as a natural protective instinct. Other words he put himself in the same room with the lethal weapon to the strangers. Than the man opened the front door and invited two police officers inside the house. He assured officers that it is a "good dog" and to not worry about him. It is another lucky fluke that dog handlers uniforms look similar to police uniforms and he was familiar with them. In other hand he reacts very aggressively seeing hoods. Meantime my other house mate arrived back home and ask them to live as he do not wish police presence at the house. They ignored him saying that it does not concern him they have rights to be there and they started searching the property without showing any search warrant. All three tenants were protesting and they did keep repeating that they do not allow for this search. on some point after one of the tenant physically blocked the entry to some drawer in the bedroom upstairs they call for back up and 4 more officers arrived ! Finally at around 10:15 I have returned home alarmed by tenants just when the search was over and they were living the house. I asked most smarter looking officer what this is all about and on what grounds they searched our property? He answered that the only reason they are here is because of threats I addressed toward bailiff. bailiff has forgotten to mention of course about his threats of force entry and his attempt to do so. I also asked police officers if they are aware on what danger bailiff exposed himself and all of the police officers entering the house while my dog was inside. Worth to mention that on some point they left both door main entry and anteroom wide open and the dog took an opportunity to go outside on his own !!! I showed police my ID out of formality as they already new my personal details obtained in house search. The Bailiff was searching for somebody else and with regrets in his voice he said that he wasted over four hrs of his time. I have assured him that He is going to regret those four hrs least at all By the way he was after 300 pounds of court order + his 200 pounds fees. Also tenants have recorded on their mobiles a few clips when bailiff and a few stupid community support officers were opening drawers and they were going through my undergarments. Obviously they were some perverts and now I would have to replace all my undergarments ! I am joking now to unload a bit of stress from the fact that not any more individual can fill safe in own dwelling and that old phrase my house my castle is only a phrase without meaning. It could happened almost to everybody who stands for own rights and do not comply with rabble. at least from these reasons alone I am going to take it as far as It will be necessary to let justice be done any advices please ?
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