Bailiff threats and car clamping

[seanamarts]

So you are saying a certificated bailiff cannot cross the threshold even though he has a certificate which gives him a power to enter a property without permission?

he cannot cross the threashold unless he has gained peaceful entry, ie being invited in, placing a foot in the door is classed as forceful entry and is unlawful.

no certified bailiff unless he has already gained peaceful access or has a warrant for a criminal fine or for income tax cannot enter a property uninvited.

You being an ex bailiff should be well aware of this ..

[Bongo Dancer]

he cannot cross the threashold

 

Uncertificated bailiff cannot. Certificated bailiff can. We will just have to agree to disagree.

 

You being an ex bailiff should be well aware of this ..

 

I am.

[tg167]

Bongo - are you some sort of bailiff cos the information you are giving is crap and untrue - a bailiff can not enter your home without permission. the police can't without a warrant !!!! the only exception to the rule is a court bailiff, but even then it i doult the judge would allow it... a certificated bailiff is just a man that holds a piece of paper that the court has signed to say he is fit to act as a bailiff.... - i infact was a high court bailiff in kent for 6 years so yes i do now what i am talking about....

[seanamarts]

Uncertificated bailiff cannot. Certificated bailiff can. We will just have to agree to disagree.

 

 

 

I am.

fraid not .. you are very wrong and I would like to see the proof to back up your claim, because I can bet all my compensation that the bailiff had to pay me from his bond for his unlawful entry in way off placing his foot in the door, that I am right here and many people here will back up my claim to the fact that this act is unlawful and is classed as a forceful entry.

[tg167]

a bailiff can not put his foot in the door and refuse to move it.... bongo just on here winding people up....

Edited October 19, 2008 by sea-sidelady
Removal of unappropriate comments!

[Bongo Dancer]

Bongo - are you some sort of bailiff cos the information you are giving is crap and untrue

 

On what basis do you make that assumpotion?

 

- a bailiff can not enter your home without permission.

 

He can if he is certificated.

 

- the police can't without a warrant !!!!

 

Wrong again, uniformed officers can radio CAD for permission from their Inspector in an emergency (seeing unconsious person thru window etc)and non-uniformed can ask a magistrate to sign a warrant to break and enter a suspects property.

 

- the only exception to the rule is a court bailiff, but even then it i doult the judge would allow it... a certificated bailiff is just a man that holds a piece of paper that the court has signed to say he is fit to act as a bailiff.... - i infact was a high court bailiff in kent for 6 years so yes i do now what i am talking about....

 

HCEO for 6 years? har har very funny since they have only been around since March 2004. The High Court Enforcement Officers Regulations 2004.

 

Its your comments thats carp and untrue.

[seanamarts]

Bongo - are you some sort of bailiff cos the information you are giving is crap and untrue - a bailiff can not enter your home without permission. the police can't without a warrant !!!! the only exception to the rule is a court bailiff, but even then it i doult the judge would allow it... a certificated bailiff is just a man that holds a piece of paper that the court has signed to say he is fit to act as a bailiff.... - i infact was a high court bailiff in kent for 6 years so yes i do now what i am talking about....

she claims to be an ex bailiff

[tg167]

it was called the sheriffs office then mate. ******

[seanamarts]

 

 

 

He can if he is certificated.

So you are right and every one on this forum is wrong... figures coming from an ex bailiff

[seanamarts]

We are totally going off the topic here and have not really helped the OP.

Bongo unless you can provide us with proof of what you are claiming then perhaps it is advisable that you refrain from making any more comments

[seanamarts]

best not to bite TG.. its best to ignore now

Edited October 19, 2008 by sea-sidelady
Post removed

[Bongo Dancer]

So you are right and every one on this forum is wrong...

 

I am saying you are wrong in saying a certificated bailiff does not have a power to enter a debtors property without permission. He can cross the line and put his foot in the doorway to stop the occupant closing the door.

[postggj]

bongo dancer

as to my earlier post

i went to court on that subject of your last post

 

the judged ruled foot in the door and refusing to leave when requested is unlawful

 

thats my last post on this thread

no offence but i would sooner take a judges word than a ex baliff

[chris600uk]

the judged ruled foot in the door and refusing to leave when requested is unlawful

 

That says it all BD, how can you disagree with it?

[Bongo Dancer]

Do you have a case number? the tape transcript will show the judge said the bailiff was unreasonable. Many people assume unreasonable means unlawful. How can it be unlawful when the bailiff is certificated and has a power to enter without permission? Even I had complaints for crossing the threshold, every time it was dismissed. I had complaints for over-use of calling for the HIAB but I only crossed the threshold or called the HIAB when absolutely necessary. Every HIAB complaint was also thrown out, even a solicitor tried to tell a judge I exceeded my authority. No judge has ever said I was unlawful.

[Bongo Dancer]

bongo dancer

as to my earlier post

i went to court on that subject of your last post

 

the judged ruled foot in the door and refusing to leave when requested is unlawful

 

If he was a county court (unceretificated) bailiff enforcing a CCJ then its unlawful.The judge is correct.

[postggj]

it was a liability order

ref council tax

 

and it was a baliff from bristow and sutor who had his application for certification pending

 

underhand or what

 

now you see why most people on the forum have little respect for baliffs who flout the law to there advantage relying on peoples ignorence and your comments are not helping.

a few of us have taken baliffs through the courts via a form 4 complaint.

 

to date only one has lost there complaint

[seanamarts]

Do you have a case number? the tape transcript will show the judge said the bailiff was unreasonable. Many people assume unreasonable means unlawful. How can it be unlawful when the bailiff is certificated and has a power to enter without permission? Even I had complaints for crossing the threshold, every time it was dismissed. I had complaints for over-use of calling for the HIAB but I only crossed the threshold or called the HIAB when absolutely necessary. Every HIAB complaint was also thrown out, even a solicitor tried to tell a judge I exceeded my authority. No judge has ever said I was unlawful.

do you have the proof that what we all say is totally wrong.. no you dont.. I have given you the information that you need.. there was no case ref number I have checked and when I get my scanner up and running I will show you the court order that was made. You are wrong BD No certified bailiff can enter your home uninvited... fact

Just because a judge said you were not unlawful dosnt mean it was not unlawful.. think yourself lucky that you didnt lose your certificate.. so come on lets see some proof to end this matter

[Bongo Dancer]

so come on lets see some proof to end this matter

 

If crossing the threshold is unlawful then every bailiff doing it would lose their certificate.

[seanamarts]

If crossing the threshold is unlawful then every bailiff doing it would lose their certificate.

they can only cross if invited, read the bailiffs codes of practice/conduct. Most councils who use bailiffs do mention it.

[Bongo Dancer]

they can only cross if invited, read the bailiffs codes of practice/conduct. Most councils who use bailiffs do mention it.

 

Read the website, they talk about county court bailiffs. Not certificated bailiffs. Your own thread describes a one-off experience with bailiffs. I have been put before a judge (and often the same judge) on a Section 8 enough times for the judge to know me by my first name and recognise me shopping in Waitrose! Everytime a threshold complaint the word is unreasonable and the judge dismissively tosses the complainants Form4 over his desk. The judge never says unlawful. County court bailiff collecting a CCJ is not the same.

[chris600uk]

I'm amazed that this is still rumbling on - and I can see that unless someone can find a ruling from a higher court it will continue.

 

BD believes that the foot over the threshold is legal for a bailiff with a certificate, and quotes her experience

 

So far everyone else who's posted believes it's not legal, some quoting their experience

 

That doesn't mean that BD is wrong and it doesn't mean the rest of us are wrong, because in each of her cases it just might be that the judge viewed the individual complaints as unreasonable and chose to interpret the law to suit the circumstances.

[seanamarts]

I think you are here to just wind people up, you still havnt shown me any proof that bailiffs can do this, I can show proof they cannot as whether they are collecting on CT parking or for a CCJ.. they cannot force entry and placing a foot in the door in classed as forced entry.

 

Until you can prove to me that bailiffs are allowed to do this then I suggest you refrain from answering.

[Bongo Dancer]

sean, you have made this thread nearly as long as yours. Please quit with your pointless remarks. I see a moderator intervened with your previous slate on me.

[seanamarts]

sean, you have made this thread nearly as long as yours. Please quit with your pointless remarks. I see a moderator intervened with your previous slate on me.

I think you need to look back and find it wasnt me that made that remark thank you very much. thyey took out out some one elses .. but I doubt I would get an apology from you for that