Radio 5live piece on Bailiffs. A bailiff said the law is changing this year to..

[vecko]

allow forced access for Bailiffs.

 

Is this true?

 

Can you imagine these 'people' just walking in your house with masters keys and harrassing you.

 

What's this country coming to!

[tonycee]

Yes my friend. Welcome to England 2008.

 

bailiff law

 

 

UK bailiff law 'worst in world'

[Struggling_Simon]

Quite true I'm afraid.

 

Excellent sticky thread on this topic

Tribunals Court and Enforcement Bill

 

Hope that helps.

[The Watcher]

allow forced access for Bailiffs.

 

Is this true?

 

Although the Bill has been passed, as far as I'm aware, the section allowing "forced entry" by bailiffs has not been enacted yet - and will not be enacted UNTIL the government have set-up a proper regulatory system for bailiffs.

 

But - if you believe that, then you will also believe that your data is safe in this government's hands and that it would be safe for ID cards to be introduced immediately !

[tomtubby]

The relevant section of Part 3 of the TCE Bill dealing with the bailiffs right to force entry has NOT been enacted yet and we have been reassured by the Minister responsinle that this will continue to be the case until such time as a regulator has been correctly set up.

 

At this moment in time, the governments preffered choice of regulator is......The SIA. This is of course the very same organisation that would appear to have allowed thousands of llegal immigrants to be given certificates to work for secutiry companies some of which provide security for part of the House of Commons. Like many others, I have opposed the SIA as being the regulator of bailiffs.

[tonycee]

Thanks for that.

Pretty much sums up the sorry state of affairs in this country.

[Boro]

When (assuming it does) do you think this now power would come in tomtubby?

[JonCris]

Like the original Bill the power to force entry will be slipped in when they think no one is looking such as a Friday or more likely the start of one of their many recesses

[tomtubby]

The "word on the street" would appear to be that the new regulations are due to come in around March 2009.

 

Only gossip, so do not quote me on this.

[rambo]

If this does become law and bailiffs start "kicking in doors", a bailiff will end up being killed.

Imagine this........

I'm in bed during the day sleeping(I work nights), all of a sudden the doors kicked in and a couple of big blokes come running into my house shouting"bailiffs", I jump out of bed and hit/stab/punch them, would I be in the wrong?, how do I know thier bailiffs and not burglars useing the word bailiffs as a cover?. Very worrying.

The bailiff industry will say "there will be strict rules and guidlines in place, etc etc", but, as we all know, they break the law now, and there are laws in place to protect us, will bailiffs become law abiding overnight?, I doubt it.

Is it any wonder more and more people are leaving the country every year?.

Great Britain?.....NOT ANYMORE!!!!!.

[Boro]

And just what happened to the bailiffs in northern ireland

[The Watcher]

If this does become law and bailiffs start "kicking in doors", a bailiff will end up being killed.

Imagine this........

I'm in bed during the day sleeping(I work nights), all of a sudden the doors kicked in and a couple of big blokes come running into my house shouting"bailiffs", I jump out of bed and hit/stab/punch them, would I be in the wrong?, how do I know thier bailiffs and not burglars useing the word bailiffs as a cover?. Very worrying.

 

Q. Do I have to wait to be attacked?

 

A. No, not if you are in your own home and in fear for yourself or others. In those circumstances the law does not require you to wait to be attacked before using defensive force yourself.

 

The above is taken from "Householders and the use of force against Intruders" published jointly by the Crown Prosecution Service and the Association of Chief Police Officers. It's leaflet f4 .... everyone should obtain a copy of it.

 

It also says .....

 

Q. What if the intruder dies?

 

 

A. If you have acted in reasonable self-defence, as described above, and the intruder dies you will still have acted lawfully.

 

The Government are unleashing something - the new bailiff law - which they will come to regret very much, I fear.

 

You can read it in full on the CPS website -

Householders and the use of force against intruders

[Struggling_Simon]

ah but ... reasonable is a very vague term. I remember a farmer who'd been burgled 7 times, mentally unstable through stress(caused by the burglaries..)

 

Shot a burglar, and went to prison for a 15 stretch.

[Struggling_Simon]

Will you believe the intruder rather than me?

 

The police weigh all the facts when investigating an incident. This includes the fact that the intruder caused the situation to arise in the first place. We hope that everyone understands that the police have a duty to investigate incidents involving a death or injury. Things are not always as they seem. On occasions people pretend a burglary has taken place to cover up other crimes such as a fight between drug dealers.

 

Oh really? Presumably hes a criminal or a drug dealer, because he had a shotgun

errrrrrrr, he a farmer , fergossake.

[Struggling_Simon]

How would the police and CPS handle the investigation and treat me?

 

Like a criminal, what else?

 

 

Innocent until proven guilty doesn't seem to apply.

[rambo]

'Tis better to be judged by 12 than carried by 6.

[Struggling_Simon]

is better to ask forgiveness rather than permission.

is also better to die on your feet, than live on your knees .

[The Watcher]

I remember a farmer who'd been burgled 7 times, mentally unstable through stress(caused by the burglaries..)

 

Shot a burglar, and went to prison for a 15 stretch.

 

... and didn't he receive overwhelming public support (including his sentence being reduced)? Didn't national newspapers campaign ON HIS behalf? Didn't this case make police / government clarify the law?

 

This is all about perception ... bailiffs threaten break-in etc in order to get you to agree to their exhorbitant fees etc.

 

Do you think a bailiff would be so keen to break-in if he thought you had a rottweiller in the house?

 

Do you think a bailiff would be so keen to break-in if he thought you would defend yourself?

[chris600uk]

ah but ... reasonable is a very vague term. I remember a farmer who'd been burgled 7 times, mentally unstable through stress(caused by the burglaries..)

 

Shot a burglar, and went to prison for a 15 stretch.

 

Tony Martin made a mistake, he shot him in the back with an illegally held pump action shotgun.

 

If he'd been quicker and shot him from the front then that might have been different.

 

Kenneth Noye however, murdered a policeman with a knife, and got away with it.

Sorry, he was acquitted, but the police aren't looking for anyone else.

 

It's how you tell em

[TaxedAndConfused]

Just out of interest, where did this legislation come from, who requested it and why ? I must admit normally I'm in the dark about how laws come about but I'm thinking of doing some research on this.

 

Apologies if this is on a sticky somewhere, if someone has the link I would be grateful...

[The Watcher]

Just out of interest, where did this legislation come from, who requested it and why ? I must admit normally I'm in the dark about how laws come about but I'm thinking of doing some research on this.

 

Apologies if this is on a sticky somewhere, if someone has the link I would be grateful...

 

Generally speaking, everyone agrees that bailiff law is out-dated and needs modification. Most of the existing "law" is over 1000 years old and based on Common Law and practise rather than legislation.

 

The Government, however, has made a real dogs breakfast of this by taking away rights which we have had for 1000 years and not exactly coming up with a reasonable regulatory system.

 

See Peter Bard's excellent "sticky" above, http://www.consumeractiongroup.co.uk/forum/bailiffs/61524-baliff-petition-stop-them.html for a detailed story of this legislation.

 

Good Luck.