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A few months ago I had a visit from a bailiff. After a heated discussion through a open window , he left threatening all kinds of trauma !!. I basicaly told him that no matter what he said , or whatever he said he was going to do , there was no way I was going to pay him a penny regardless of the consequences. He could visit as many times he wanted to , with as many vans as he wished to bring , the bottom line was , he wouldn't get as much as a gnats snatch. And guess what ?.............absolutely nothing happened at all !!. The debt was for CT , and I said from the start that I would only pay the council. What I am saying is , no matter what these creatures threaten you with , if you stand your ground regardless of any threat , more often than not you will get a result. Do not be intimidated...........................they are only like you and me!!. They can't drag you out and have you shot !.

The council at first refused payment saying I had to deal with the bailiffs . I then informed them that the bailiffs were employed by them , and as such , there bore the ultimate responsibility for their ( the bailiffs ) actions. After much humming and arghing and seeing I was going to stand firm regardless knowing my rights , they took back the debt with the usual " considering the circumstances ) speech. Please do not be intimidated by their threats......................that's all they are.............threats.

These vermin feed on fear and intimidation.............................don't let yourself be their next meal.

Light travels faster than sound...............that's why some people appear bright until you hear them speak.

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So - the council can avoid the hassle of going to court by employing bailiffs, yet their ace card - formal enforcement is denied them? Seems a pretty pointless exercise. All the bailiffs I know are able to enter if they have the relevant paperwork prepared.

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So - the council can avoid the hassle of going to court by employing bailiffs, yet their ace card - formal enforcement is denied them? Seems a pretty pointless exercise. All the bailiffs I know are able to enter if they have the relevant paperwork prepared.

I always thought that they had to obtain peaceful entry first or is Scottish law different :???:

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As in Scotland - and initial 'walking posession' is fatal, however in the absence of this, an entry warrant overcomes this - and I have to think logically, it is an urban myth that if they don't get it - they never can.

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they have to gain entry by peaceful means to obtain the walking possession agreement here thats why bailiffs here prefer to do a WPA on a vehicle

 

they can enter through an unlocked door or open window other than that you have to invite them in

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In Scotland, walking posession is known as a poinding (pronounced pinding) and an inventory is taken and a copy of the goods list is left with the debtor, with the instructions that the items there must not be disposed of prior to the debt being paid.

 

If no entry is possible after a visit or three, a warrant of entry for forceable measures quicky follows. It isn;t unknown, the utility companies can also get a WofE and affect entry by force.

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buzby do you remember (if you are old enough to remember)when there was a sale of warrant in Scotland a notice was put in the local paper giving the name and address of the person and the time and date of the sale think I'm going back to the late 60s early 70s I'm sure i remember reading them in the Falkirk herald

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Absolutely - they were very common. This process followed the Notice of Poinding, and you could 'buy' the goods from the Sheriff Officers and take it away. Certain things were specifically excluded, any tradesman's tools, and the beds/bedding everything else was fair game.

 

Secondhand shops were notorious for using 'agents' with a wheelbarrow to take TV and electronic gear for buttons....

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i rememberer all the kids in the street would be sent up the burn to play and the dads and big brothers would congregate outside the house and stop strangers from going in and the neighbours would go in and by the stuff for pennies

 

for us kids it was great a bag of sweets and allowed to play up the burn it was only when i got a bit older that i realised what was going on

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