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About Somecamel

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  1. Quick question- Is a distress warrant issued by the Magistrate at the same time as the court date? or does the magistrate issue a liability order which after no contact then has to go back to issue a distress warrant? The reason I ask is that the court date was the 25th May 2012 and my understanding is that they only have 180 days to enforce a distress warrant
  2. Hi, Bailiffs are sorted- I rang the court yesterday and they told me it had been put on hold for 14 days- The bailiff said 7. I did speak to a sergeant yeaterday about this and he told me that he didnt think there was an issue with his officers. I will take this further as this shouldn't happen, they obviously get away with it with other people who can't stand up for themselves.
  3. I invited the police in to show them that I had an appointment with the courts to sign a Stat Dec to prove I wasn't living at the property the summons was sent to when it was sent. I assumed they would be impartial.
  4. Thanks for your responses guys, I was more peeed off that the police actually let them in. They had no right to do that but the points on the removal of implied access is taken and accepted. On another forum one of the posters has informed me that that the Police have acted illegally. I'm going to see a legal adviser today to see where I can take this. Many thanks
  5. Hi, My partner put this on the banana forum as well but assuming not everyone goes on there I wanted to post it on here as well. This morning at around 6.30am 2 Bailiffs from Marstons knocked on my door. One of them had knocked the other night as well and told where to go - I had already rang them on their first letter telling them I was going to court to sign a stat dec as I didnt know about the summons. They're collecting on a distress warrant for Non payment for TV licence at my old address. At 6.30am this morning 2 Bailiffs from Marston Group Limited called at my address and starting banging the door. There were intermittent flaps of the letterbox proceeding with more banging. They were claiming for a distress warrant for using a TV set without a Licence. The Claimed offence occurred on the 18th December 2011 at my previous address. At 6.45am I went to my front door and informed the bailiff that I had removed their implied right of access to my property and that they must leave. They didn't and carried on banging on the door. At approximately half past 8 in the morning the police arrived after being called by the bailiffs. I reminded the officers of their duty to keep the peace and that is all that is required of them and invited them into my home leaving the bailiffs outside. The police officers explained to me what they're understanding was in regards to a Distress warrant and that they had a similar situation last week and that the bailiff did have the right to forced entry. I explained that this was incorrect and that I had removed their right of implied access to my property and I do not have to let them in as they can only go through an open door or window etc but not by force. I explained that they would need a signed warrant of execution to enter the premises and that a distress warrant not even signed by a Judge is not valid. I showed proof on my calendar that I was due to go to Hastings Magistrates court on the 28th December to sign a Statutory Declaration along with proof that I did not live at the address the summons was sent to on the 25th May 2012. Remaining impartial the police officer recommend that I go and explain this again to the bailiff and that they would not let her enter my property. I obliged asking one of the police officers to stand in front of the bailiff so she can't force her way in. The other police officer stood behind me in the house. The bailiff accused me of lying and that she was coming in. I repeated that I had removed her implied right of access to my property and that she was currently trespassing and that I had an appointment booked for the 28th December for the Statutory Declaration. She said she doesn't care and she is coming in. At this point she lunged towards me and attempted to push her way in leg first to which I responded and stood my ground by removing her leg.from my Porch. She then attempted to push her body weight into me but I'm a bit bigger than she was and was unsuccessful. The Police officer behind me held onto my arm attempting to remove it from holding onto my door frame hence allowing the bailiff to enter to which I asked him politely to remove his hand from my arm of which he obliged. The Police behind me kept on telling me that the bailiff have the right to enter and I am breaching the peace. The Policeman in front of me told me that if I didn't let them in I would be arrested. I put my hands behind my back and said Ok. They cuffed me and walked me to my bedroom and allowed the bailiffs to enter the property. My Partner followed the bailiff around whilst they took down a few serial numbers of her property in the bungalow. The bailiffs were informed that all the Furnishings fixtures of the property are hers. Whilst in the bedroom with the police officer I asked him if I was actually under arrest as I hadn't been read my rights and he said no. I asked him to them take the cuffs off me. At this point it transpired that they didn't actually have a key with them for the cuffs as they were the older style cuffs that everyone still wants and from hearing his colleague on his radio they were talking to someone on the in the next town over was bringing the keys over. I had to sit and wait cuffed for no reason while the bailiff was free to wander around my home. At 9.15 approximately the bailiff received word from the court that they had a record of my phone call for the appointment on the 28th December and told me they would give me 7 more days. I informed them that 7 days from now is 1 day before I'm due in court to which they replied and... The Bailiff then left followed by the police officers shortly afterwards.
  6. I would acknowledge the claim and get the your day in court, however make sure you have all the evidence to back up what your side of the story is. I made the mistake of going in not being fully prepared.
  7. When did your tenancy start? What are they forging?
  8. Hi Mariner, Thanks for your advice, So to be clear, the LL issued me with notice seeking possession etc asking that we are gone by 29th February. We moved out before this date. So because I didn't explicitly tell the LL that I was moving out, sent an email telling them we would be gone in a few weeks at the beginning of February, they can then go ahead with the repossession? We didn't leave the back door open, the estate agent had been in there taking photos for the re-letting of the property (saw on it their website) so they must have left it open. My main gripe is the forging of the Prescribed information. My Solicitor has advised me to wait to see if they issue proceedings against us for the rent they are trying to trying to charge up until June 13th and then we can do the counter claim for them not protecting the deposit properly. All very confusing for the average Joe.
  9. I'm not really worried about the three times deposit, I would just like my deposit that I paid back, the LL has used fraudulent documents in court
  10. A bit of an update if anyone is interested. We are going to see a Solicitor tomorrow to see where we go from here but we now have proof that they forged the DPS document. Any document before April 2012 will state that the Landlord has 14 days to protect the deposit and supply the prescribed information and any document after April 2012 will state 30 days. The document given to us which the landlord 'signed' on the 25/08/2010 states 30 days so we have them. barstewards. Will keep this thread updated incase someone else has been struggling with this point. The terms and conditions form also has revisions at the very end of the document which I had missed at first
  11. I'm no Lawyer but I would state that the tenancy starts from the day you get given the keys
  12. Hi, Does anyone have a DPS prescribed information relating to tenancy deposits form that was filled in prior to April 2012? My LL supplied in court what I believe to be forged documents stating that they did send me the forms, the terms and conditions were dated April 2012 but the Main DPS form doesn't have a date just a reference at the bottom 11R6MG. Can anyone help?
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