Protecting my stuff

[seanamarts]

What I cannot understand is why are the councils not sending out leaflets with their liability orders/bailiff warnings explaining what the bailiff can and cannot do, wouldnt this save so much time and effort and misunderstandings, then the debtor can see what is right or wrong when the bailiffs come knocking, then they inturn can show the bailiff that what he is doing, if doing wrong. Knowledge is power at the end of the day and surely if these bailiffs know that their debtor has full knowledge of the law then surely they would refrain from breaking it.

[gustavius rex]

The Government IS looking at regulating bailiffs but apparently this is a very long and difficult process because in doing so the MOJ will need to look at laws that have gone back many hundreds of years.

 

The Government want the Security Industry Authority (SiA) to be the new regulator but there is more work to do on this. For those who are unaware...the SiA are the organistion that provided the licences for club bouncers, security officers and private clamping operators.

 

However MOJ have said that they want to ensure that BEFORE the SiA are appointed that a SEPARATE body is set up to deal with Complaints. The SiA will NOT be taking on this role.

 

HOWEVER.....the difficulty in all of this is is WHO IS GOING TO PAY FOR THIS!!!

 

Believe me.....this is a sticking point. Many believe that the costs should be borne by the local authorities who after all.......are sending their parking tickets and council tax demands to the bailiff's and getting a FREE DEBT COLLECTION SERVICE !!

 

Please be ASSURED....the Government is looking into this but we have been told that regulations will not come into force until 2012 because of the amount of work still required.

 

 

 

l am sorry TT, but, my experience of all these regulating authorities is very very bad. At best they are completely toothless and at worse they are actually assisting the villains. lf you have tried to get anything done through one of these ''regulators'' and ''enforcement'' agencies, then you know what l mean. None and l do mean none will take responsibility and do anything to prevent, but, act after the fact. Typical examples are the banking regulators and health and safety authorities. l've tried to get the health and safety executive to condemn a business property as a fire risk, but, although it is clear that no-one should work there for many reasons of fire hazard, they will not issue a clear statement to that effect. All you get is a completely useless recommendation that has no legal authority nor is it enforceable. The banks went bankrupt, save the assistance of the government and nothing was done, except give Fred the Shred a knighthood. It's the same everywhere and before they will properly regulate anything, l will proberbly have died of old age. l do not believe that this government or any other (with the possible exception of the Liberal Democrats) have any interest of changing the current status quo. After all, they all get nice little directorships in these institutions once they quit politics.

GR

[danboy381]

Not just mini Hitlers but big ones too! We are ruled by Nazis I'm afraid

 

and Orwell was right, he was 100% spot on. GR you take the words right out my mouth

 

sorry gotta stop harpin on ; this country makes me :mad::mad:

Edited August 1, 2009 by danboy381

[lets fight bailiffs]

No i love this country its just the ankers that run it i dont like and if you think its bad now i hate to think what it will be like when Camron gets his hands on it and he will.

[gustavius rex]

No i love this country its just the ankers that run it i dont like and if you think its bad now i hate to think what it will be like when Camron gets his hands on it and he will.

 

 

Then you will see pepper (as the africans say when things get hot). Just imagine what Camerons buddy Osborne will do with the finances of this country and it's people. He will hand it over to the Rothschilds, Lemans, Morgans, Stanleys and other finance ''experts''. lt means another 5 to 10 years of Las Vegas Style of economy and financial market strategies.

GR

[fwog]

Reading here it seems to me Bailiffs are happy to break all the rules and laws.

 

They need properly regulated, with harsh punishments (jail) if the violate the rules.

 

They cant be put in a bad light because the rich (them) wont have any teeth with which to bite the poor (us).

 

Look at the sit in recently at the Wind Turbine manufacturer in IOW.

 

 

 

Sacked Vestas workers defiant as bailiffs end wind turbine factory sit-in

 

No one else daft enough to disrupt a peaceful sit in

[cirian75]

Just before the break, they where at some lady's house.

 

and the bailiff said.

 

"We knows she's in, and we have clamped Her Daughter's Car"

 

Is that not legal as its not the lady car they are after, and they knew and admitted it on carmera ?

[Guest wino]

Section 40 of the Administration of Justice Act

 

“S40 Punishment for unlawful harassment of debtors.

1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
   
   • harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;
     

Trying to embarrass you in public or threatening to tell a third party about your debts such as a neighbour or your family.

 

 

 

Surely clamping the daughters car would mean having to tell her why!

[Dodgy Geezer]

I watched it today. Disgraceful. Mr JW himself was on there smirking.

 

LET THE FIGHTBACK CONTINUE.

[Eseehcnhoj]

Section 40 of the Administration of Justice Act this might only apply to debt collectors.

 

Does anyone know is this applies to bailiffs or anyone serving legal process?

[tomtubby]

Section 40 of the Administration of Justice Act this might only apply to debt collectors.

 

Does anyone know is this applies to bailiffs or anyone serving legal process?

 

The regs clearly state that "a person commits an offence". This would appear to refer to ANYONE (bailiff included).

[Eseehcnhoj]

Section 27 of the Domestic Crimes Violence & Victims Act 2004 excludes enforcement officers from criminal liability.

[noddyaccount]

Section 27 of the Domestic Crimes Violence & Victims Act 2004 excludes enforcement officers from criminal liability.

 

Could you give more detail please , "criminal liability ' seems pretty vague , it infers they can do whatever they choose , in whatever they consider their duties , that can't be right .

[letsmakeamark]

I watched it today. Disgraceful. Mr JW himself was on there smirking.

 

LET THE FIGHTBACK CONTINUE.

 

 

He still is.

[pompeyfaith]

Got a link to this programme?

 

PF

[Eseehcnhoj]

Could you give more detail please , "criminal liability ' seems pretty vague , it infers they can do whatever they choose , in whatever they consider their duties , that can't be right .

 

It is to redifine what police call "enter by force".

 

It amends the Magistrates Courts Act 1980 so a bailiff cannot be criminally liable if he causes injury to a person while enforcing a debt. It was passed after debtors were going to police to charge bailiffs under the offences Against the Person Act 1861 when they push past a debtor to gain entry to a property.

 

It does not exclude a bailiff from a civil liability under the personal injury protocol. Both the bailiff and his firm can still be sued for personal injury

[noddyaccount]

It is to redifine what police call "enter by force".

 

It amends the Magistrates Courts Act 1980 so a bailiff cannot be criminally liable if he causes injury to a person while enforcing a debt. It was passed after debtors were going to police to charge bailiffs under the offences Against the Person Act 1861 when they push past a debtor to gain entry to a property.

 

It does not exclude a bailiff from a civil liability under the personal injury protocol. Both the bailiff and his firm can still be sued for personal injury

 

Thank you , so they can push you out of the way to gain access in an open doorway ? What happens if you push back ?

[merlin100]

Thank you , so they can push you out of the way to gain access in an open doorway ? What happens if you push back ?

 

damn good question that noddy - i would like an answer too.

 

Another point is how does that affect "peaceable entry"? Because surely if a bailiff forces his way past you, that cannot be classed as such?

How could a bailiff claim he had entered a property in this way if the homeowner had suffered an injury by his forcible actions in gaining entry?

Conversely, if the bailiff is the one with the injury, surely again that would throw doubt on any claim of peaceable entry?

[tottys]

bailiffs is on lets see what they get up to tonight

[2ltr16valve]

It is to redifine what police call "enter by force".

 

It amends the Magistrates Courts Act 1980 so a bailiff cannot be criminally liable if he causes injury to a person while enforcing a debt. It was passed after debtors were going to police to charge bailiffs under the offences Against the Person Act 1861 when they push past a debtor to gain entry to a property.

 

It does not exclude a bailiff from a civil liability under the personal injury protocol. Both the bailiff and his firm can still be sued for personal injury

 

 

I had marstons force me out the way at the door back in May this year ! what the 6ft odd bloke did not expect was for me to lose the plot, pick him up by his stab vest and throw him across me front garden lol

 

He did cause me injury to my legs and I told the police that I wanted to press assault charges and was told "its not assault, you were obstructing his duties" !!!! twats

[layer_cake]

So, bailiffs have very few rights to collect debts using any kind of force, and no rights to use any force whatsoever for non-criminal debts. They therefore use psychology/harassment and play on fear - which I have been the victim of myself. I am now thinking about complaining to the court about the company who have harassed me and broken the law and all the guidelines they're supposed to follow.

 

So much effort collecting relatively small debts yet the drive to stamp out corporate theft, big business fraud and large scale tax evasion which costs us all countless billions seems to be less important than chasing up fines and parking tickets ??

[Mr. Kipling]

I think there ought to be a lot of sales of door chains after reading this forum...

[layer_cake]

I think there ought to be a lot of sales of door chains after reading this forum...

lol. Indeed

[noddyaccount]

lol. Indeed

 

I'm down to the hardware shop , do they also sell pitch and feathers , a pulley and a bucket .

[tottys]

taped this today and have just finished watching it am in complete shock with it that woman there is only one word to describe her but im to much of a lady to say it or write it lol....in the first show she went in to a hairdressers shop and as the owner was not there discussed the case with a 17 year old hummm is it just me or are bailiffs not aloud to discuss peoples debts with a third party let alone a minor....and then there was the guy who arranged a payment plan with another woman and when he went back they were gone he was so not happy and went on to say the next person who he had to visit he was going to sting how nice of him....the one thing i would like to know is how the producers aloud all this to go on air surely they would have looked in to the legal side of this and seen how they are not aloud to do almost all the things that they did...