Drakes/Marston group balliffs broken my lock and pushed over my baby daughter-PLEASE HELP!!!!

[sheraton01]

 

Is the foot in the door peaceful entry? NO.

 

Is the foot in the door legal? YES but ONLY as a means of preventing door closure so that communication can continue.

 

Can the bailiff force the door open even if his foot is firmly wedged? NO, this would be FORCED entry and highly illegal.

 

Ok so now i'm confused. I dont know enough to get involved in this discussion but I am watching with interest due to issues of my own

 

But

 

Devon & Cornwall police doc as per other thread Drakes/Marstons

 

"They cannot force their way past someone at a door or wedge their foot in a doorway to prevent the door being closed"

 

Direct Gov website

 

"Forced entry includes pushing past you once you have opened the door or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal"

 

Either it is legal for a bailiff to leave his/her foot wedged in your door/gap or it isnt???

 

Police and government seem to think it isnt

 

Sheraton

[louloubella73]

JonCris,

 

I thought I made myself quite clear. I even used bold type to highlight my understanding.

 

I'll try again so please read the following carefully.

 

Is the foot in the door peaceful entry? NO.

 

Is the foot in the door legal? YES but ONLY as a means of preventing door closure so that communication can continue.

 

Can the bailiff force the door open even if his foot is firmly wedged? NO, this would be FORCED entry and highly illegal.

 

Can the bailiff use a locksmith where entry is denied if the Police are present? YES. The Police ensure there's no breach of the peace by arresting anyone obstructing the bailiff executing the distress warrant.

 

Are we clear now?

 

I m also confused. Points one and two seem to contradict one another. The foot in the door constitutes entry according to some bailiffs. Yet it is legal you say-but if it constitutes 'unpeaceful entry' it is then illegal-well of course it s not 'peaceful'-if all was 'peaceful' then the bailiff wouldn t have wanted or needed to put their foot there in the first place. Whether it s legal or not it s wrong-I don t care how anyone tries to dress it up or justify it. Its bullying, it s intimidation done by legal thugs who hide behind the law. I d have more respect for the bailiff 'profession' if they could even be bothered to sing from the same song sheet, and not hide behind their mininterpretation of the law like a bunch of gutless cowards.

 

When this happened, I hoped the 'woman' who assaulted my daughter, bullied and intimidated me on my own doorstep and damaged my door (at my expense) was a bad apple amongst what is generally a bunch of decent people 'just trying to do their job'. Reading through other threads on here and elsewhere has changed my mind.

 

In MHO, such power over others is something that should only be gained through merit-not by giving them an over inflated job title (with little or no training needed), over inflated comission and so called legal bits of paper to wave about and abuse the power they ve so wrongly been given.

 

I m not really sure I care any more whether what this 'woman' did was legal. Being a Nazi was legal in Germany in the 1940 s. Didn t make it RIGHT did it?

[JonCris]

There's only confusion in the minds of some bailiffs ....& police officers ............ apparently........It's not legal no matter how many times they say it, locksmith or not

 

If a bailiff is told by the occupant to remove their foot then they must otherwise they commit an offence. It is NOT peaceful entry entitling them to return with a locksmith or force entry

 

"Allowed to keep the door open so communication can continue". What utter drivel If the occupant doesn't want to communicate, as is their right, & demands the bailiff leave then they must

 

Where do they get their legal training?? if any

Edited September 15, 2008 by JonCris

[louloubella73]

There's only confusion in the minds of some bailiffs ....& police officers ............ apparently........It's not legal no matter how many times they say it

 

 

Aahh-that old chestnut (note to self-will repeat to myself daily I am young, rich, thin and beautiful-this will then become the whole, unquestionable truth)

[louloubella73]

JonCris,

 

I thought I made myself quite clear. I even used bold type to highlight my understanding.

 

 

 

 

Just re -reading through. LOVE the way you assume it s everybody else's fault for not understanding you; and not yours for not explaining yourself well enough for them to understand you.

[louloubella73]

As an employee of this company I must say that I find this bailiff's actions abhorrent considering you'd already paid the majority of the outstanding amount on your card. She's quite clearly a nasty piece of work, the likes of which the industry can well do without.

 

Let this go before as I mistakenly thought you were offering support ..if I hadn t been able to 'pay the majority of the amount on my card' would assaulting a 15 month old baby and causing criminal damage been less 'abhorrent'-if she had happened to call the day before when I didn t have any money to pay her, would her actions then have been justified?

[tonycee]

Perhaps quote the law that permits this action.

 

Thank you.

 

John Mckenna.

 

I thought i made myself quite clear.

 

I will even use bold type so that you can understand.

 

Can you quote me the law that allows such action. ?

 

Here it is in red.

 

Can you quote me the law that allows such action ?

 

Is the foot in the door legal? YES but ONLY as a means of preventing door closure so that communication can continue.

 

 

 

[edited]

 

Are we clear now ?

 

There's only confusion in the minds of some bailiffs ....& police officers ............ apparently........It's not legal no matter how many times they say it, locksmith or not

 

If a bailiff is told by the occupant to remove their foot then they must otherwise they commit an offence. It is NOT peaceful entry entitling them to return with a locksmith or force entry

 

"Allowed to keep the door open so communication can continue". What utter drivel If the occupant doesn't want to communicate, as is their right, & demands the bailiff leave then they must

 

Where do they get their legal training?? if any

 

We are gathering information here.

IMO its quite clear that no matter what the law says, the bailiffs, after years of abusing the system, clearly think the law does not apply to them.

And once again, despite being asked a reasonable question, i doubt very much if we will get a reasonable answer.

Edited September 23, 2008 by jonni2bad

[tonycee]

I forgot to mention.

 

We asked another bailiff to quote the law/legislation that permits him to take your work tools, but leave you with £150 worth.

 

Haven't seen him for about 4 weeks.

 

Be strong people.

 

We can beat the muppets.

 

Muppet, yes that was his name.

[louloubella73]

John Mckenna.

 

I thought i made myself quite clear.

 

I will even use bold type so that you can understand.

 

Can you quote me the law that allows such action. ?

 

Here it is in red.

 

Can you quote me the law that allows such action ?

 

 

 

 

So stop spouting off the usual one sided crap, and back up your mouth off.

 

Are we clear now ?

 

 

 

We are gathering information here.

IMO its quite clear that no matter what the law says, the bailiffs, after years of abusing the system, clearly think the law does not apply to them.

And once again, despite being asked a reasonable question, i doubt very much if we will get a reasonable answer.

 

 

Very well said! It really is amazing how some people can start believing their own publicity.

[louloubella73]

I forgot to mention.

 

We asked another bailiff to quote the law/legislation that permits him to take your work tools, but leave you with £150 worth.

 

Haven't seen him for about 4 weeks.

 

Be strong people.

 

We can beat the muppets.

 

Muppet, yes that was his name.

 

 

see to me, there s another ridiculous situation ie, you owe me money, therefore I will take away the tools of your trade that will enable you to earn the money that you owe me

 

A bit like the situation I was in ie, I want the money I am owed but will not allow you to physically go and get the money I want you to give me.

 

Very logical.

[tonycee]

see to me, there s another ridiculous situation ie, you owe me money, therefore I will take away the tools of your trade that will enable you to earn the money that you owe me

 

A bit like the situation I was in ie, I want the money I am owed but will not allow you to physically go and get the money I want you to give me.

 

Very logical.

 

Oh sweetheart, i think i will go to bed.

 

You see, logical and bailiffs will NEVER go in the same sentence.

 

And god help us when they get their new " powers " to force entry.

[Fair-Parking]

Well any bailiff should understand this short clear message.

 

In this country we do not licence, approve or otherwise authorise private citizens to force entry in other's houses.

 

That is the road to Kristalnacht and not common sense.

[JonCris]

Someone needs to tell this government & their fellow conspirators in the other parties who recommended & detailed this legislation

[louloubella73]

Someone needs to tell this government & their fellow conspirators in the other parties who recommended & detailed this legislation

 

 

totally agree!!

[John McKenna]

If a bailiff is told by the occupant to remove their foot then they must otherwise they commit an offence. It is NOT peaceful entry entitling them to return with a locksmith or force entry

 

"Allowed to keep the door open so communication can continue". What utter drivel If the occupant doesn't want to communicate, as is their right, & demands the bailiff leave then they must

 

Where do they get their legal training?? if any

 

There is no legislation I can quote you nor direct you to which states that putting one's foot in the door to continue communication is legal. Likewise though I'm sure you'll find it difficult to quote me such legislation which specifically says otherwise.

 

However, I'm sure if you ask tomtubby nicely she'll have a word with HMCS to clarify that they consider this action "reasonable" as a means of continuing communication and avert the need for further enforcement.

[berrylover]

JonCris,

 

I thought I made myself quite clear. I even used bold type to highlight my understanding.

 

I'll try again so please read the following carefully.

 

Is the foot in the door peaceful entry? NO.

 

Is the foot in the door legal? YES but ONLY as a means of preventing door closure so that communication can continue.

 

Can the bailiff force the door open even if his foot is firmly wedged? NO, this would be FORCED entry and highly illegal.

 

Can the bailiff use a locksmith where entry is denied if the Police are present? YES. The Police ensure there's no breach of the peace by arresting anyone obstructing the bailiff executing the distress warrant.

 

Are we clear now?

 

 

Ok so a bailifff comes to my door (God help them if they do) and I have the door on a chain, and they put their foot in the door to stop me closing it so that they can continue communication. What if I go away from the door and refuse to speak to them. They are not going to stand there all day are they with their foot in my door? And are they then going to say that having their foot in my door while the chain was on and I was ignoring them, hoovering with Metallica on my stereo for example, is a peaceful entry to my house? Heavens above!

[louloubella73]

Ok so now i'm confused. I dont know enough to get involved in this discussion but I am watching with interest due to issues of my own

 

But

 

Devon & Cornwall police doc as per other thread Drakes/Marstons

 

"They cannot force their way past someone at a door or wedge their foot in a doorway to prevent the door being closed"

 

Direct Gov website

 

"Forced entry includes pushing past you once you have opened the door or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal"

 

Either it is legal for a bailiff to leave his/her foot wedged in your door/gap or it isnt???

 

Police and government seem to think it isnt

 

Sheraton

 

Mr Mckenna, the above post clearly illustrates official sources that state such behaviour is NOT legal or acceptable.

 

As it states, police and government sources say it is illegal-what makes you think you know better?

[berrylover]

Mr Mckenna, the above post clearly illustrates official sources that state such behaviour is NOT legal or acceptable.

 

As it states, police and government sources say it is illegal-what makes you think you know better?

 

 

Aaahhh but bailiffs are a law unto themselves!

[louloubella73]

Ok so a bailifff comes to my door (God help them if they do) and I have the door on a chain, and they put their foot in the door to stop me closing it so that they can continue communication. What if I go away from the door and refuse to speak to them. They are not going to stand there all day are they with their foot in my door? And are they then going to say that having their foot in my door while the chain was on and I was ignoring them, hoovering with Metallica on my stereo for example, is a peaceful entry to my house? Heavens above!

 

 

EXACTLY!!!

 

The sad truth is, what would probably happen is that the bailiff would get frustrated and do what they did to me ie, try to force it with no regards as to what damage they cause or who they hurt. BECAUSE BAILIFFS ARE ALWAYS RIGHT AREN T THEY MR MCKENNA even though they haven t the evidence to substantiate the over inflated rights they seem to think they have.

[louloubella73]

There is no legislation I can quote you nor direct you to which states that putting one's foot in the door to continue communication is legal. Likewise though I'm sure you'll find it difficult to quote me such legislation which specifically says otherwise.

 

However, I'm sure if you ask tomtubby nicely she'll have a word with HMCS to clarify that they consider this action "reasonable" as a means of continuing communication and avert the need for further enforcement.

 

 

What do you mean speak to HMCS????? Speak to who at HMCS-someone who makes it up as they go along to suit themselves (like you appear to)

[greyhond123]

JonCris,

 

I thought I made myself quite clear. I even used bold type to highlight my understanding.

 

I'll try again so please read the following carefully.

 

Is the foot in the door peaceful entry? NO.

 

Is the foot in the door legal? YES but ONLY as a means of preventing door closure so that communication can continue.

 

Can the bailiff force the door open even if his foot is firmly wedged? NO, this would be FORCED entry and highly illegal.

 

Can the bailiff use a locksmith where entry is denied if the Police are present? YES. The Police ensure there's no breach of the peace by arresting anyone obstructing the bailiff executing the distress warrant.

 

Are we clear now?

 

NO IM NOT, YESTERDAY THERE WAS NO FOOT IN THE DOOR FOR ME BUT A LARGE DARK SKINNED MALE WHO GRABBED ME AND FORCED ME INTO THE HOUSE KICKING ME IN THE LEG AND LEAVING A MARK, WHICH IS QUITE SORE AND THEN PUTTING HIS SMELLY BREATH INTO MY FACE AND SAYING "YOU KNOW WHO WE ARE AND IM NOT LEAVING TODAY WITHOUT ANY MONEY OR YOUR VAN, DO YOU WANT ME TO TAKE YOUR VAN" ******.

[JonCris]

Lets make it clear to both bailiffs who may read this thread & consumers in general Although they may believe it bailiffs cannot at anytime put their foot in the door & keep it there if asked to remove it by the lawful occupant.

 

Keeping a foot in the door when asked to remove it does NOT constitute a lawful means of communication

[tonycee]

There is no legislation I can quote you nor direct you to which states that putting one's foot in the door to continue communication is legal.

 

But why cant you ?

 

You clearly stated in link 71 that it is perfectly legal to do so, therefore you should be able to back this up.

 

In case you have forgotten let me remind you.

 

the "foot in the door" action is perfectly legal but ONLY as a means of preventing door closure.

 

So i can only conclude that once again, here is another story made up by the bailiff, solely for the benefit of, yes youve guessed it, the bailiffs themselves.

 

I am so loving watch you and the other bailiffs continually make a complete fool of yourselves.

 

Thank You.

[louloubella73]

NO IM NOT, YESTERDAY THERE WAS NO FOOT IN THE DOOR FOR ME BUT A LARGE DARK SKINNED MALE WHO GRABBED ME AND FORCED ME INTO THE HOUSE KICKING ME IN THE LEG AND LEAVING A MARK, WHICH IS QUITE SORE AND THEN PUTTING HIS SMELLY BREATH INTO MY FACE AND SAYING "YOU KNOW WHO WE ARE AND IM NOT LEAVING TODAY WITHOUT ANY MONEY OR YOUR VAN, DO YOU WANT ME TO TAKE YOUR VAN" ******.

 

 

Sorry to hear that-the lengths they ll go to is really unbelievable in what is supposed to be a civilized country. How DARE people like this think it s OK to treat people worse than criminals because they re unfortunate enough to be in debt. Mind you, most bailiffs probably wouldn t understand how it feels to be in debt due to the extortionate commission they receive from acting like legal thugs, bullying and intimidating people to line their pockets-they re the lowest of the low IMO.

 

I hope you ll complain about this-it s time consuming and you ll come across lots of barriers, but it s worth it in the end. Like many others say, if people don t make a stand against such behaviour, it ll continue.

[louloubella73]

Forgot to say, I received a standard letter from Marstons saying that my complaint had been logged and they ll look into it (yeah, right)

 

They got my marital status and my name wrong and didn t even bother to sign it. Maybe they re office staff are as er, 'cerebrally challenged' as their bully boys masquerading as enforcers or whatever jumped up silly title they give themselves