Urgent - Bailiff coming tomorrow

[ukdeveloper]

Hi, a friend of my sisters has contacted me asking what she should do in the following circumstance:

 

"Hello UKD, ***** told me to message u cos I have got problems with bailiffs.

 

My son owes court money but has never paid. A bailiff came round 2 day wiv a warrant. My son has no stuff here at all, but the bailiff said because he lives at this address they can take MY stuff and my sons. They have been in and had a look, and cos i got so upset they said they will come back tomorrow at 8am. Because its my partners stuff he is taking it over to his sisters. After all it is his stuff!!

 

They are even taking my leather suite so will have no chairs. she said ur brother knows people who know how to deal with them. they want £350 and they wont take anything. i canty stop crying and shaking. sorry to bother u"

 

Any advice on what to do? i see they are coming before the courts open?

 

UKD

[hallowitch]

get her of to a solicitor tomorrow to fill out a statutory declaration cost(£5/10)

 

the bailiff has no legal right to remove her goods to pay her sons debts regardless of whose house he lives and tell not let the bailiff con her he knows he cant do this

this is a well known bailiff tactic to get the parents to pay up

[ukdeveloper]

get her of to a solicitor tomorrow to fill out a statutory declaration cost(£5/10)

 

the bailiff has no legal right to remove her goods to pay her sons debts regardless of whose house he lives and tell not let the bailiff con her he knows he cant do this

this is a well known bailiff tactic to get the parents to pay up

 

That is what i was going to advise, only thing is the Bailiffs are coming at 8am to remove goods... will drill out the locks if im not there, and no solicitors etc are open at that time of the morning.

 

ukd

[hallowitch]

the bailiff wont do that its all bluff and bluster(so the parents foot the bill) don't let them in the house again

I'm almost sure they have to get permission from the court to use a locksmith to gain entry even if they have been in previously (i will have a read of my new book and see if i can find something in there regarding this and get back to you)

 

 

 

if and its a big if they do get a lock smith phone the cops the cops may say its civil but then you have the perfect witness to confirm that the bailiff is fully aware that goods they are removing do not belong to the debtor and the property they are entering by force does not belong to the debtor

 

send them an e-mail tonight telling them you have now taken advise and you are full aware that a bailiff cant remove goods belonging to the parents for a sons debt regardless of if he lives with them or not

 

did they Leave a notice of seizure of goods and inventory

They are even taking my leather suite

advise them that you are also aware that the suite is exempt from seizure

[Ell-enn]

This is the Statutory Declaration they need to take to a solicitor/notary first thing in the morning. You need to put the names in where there are XXX's .

 

Once it's done take a photocopy and hand it to the bailiff through a window. DO NOT let him in.

 

I'm sure he has to go back to court to get permission from a judge to use a locksmith, and that would take time. Enough time for you to get the SD done. If he calls at 8am ignore him, or speak to him through the letterbox or an upstairs window. Make sure any vehicles are parked away from the property and all windows and doors are securely locked.

Statutory Declaration.doc

[ukdeveloper]

This is the Statutory Declaration they need to take to a solicitor/notary first thing in the morning. You need to put the names in where there are XXX's .

 

Once it's done take a photocopy and hand it to the bailiff through a window. DO NOT let him in.

 

Thanks Ellen, the problem they have is the bailiff is coming first thing, at 8am and there are no solicitors open at that time.

 

Regards

 

UKD

[Ell-enn]

If he calls at 8am ignore him, or speak to him through the letterbox or an upstairs window. Make sure any vehicles are parked away from the property and all windows and doors are securely locked.

[Ell-enn]

Alternatively, leave the house at 7 am and find somewhere to go till solicitors open. If the house is empty he won't break in, he needs permission from the court to do that.

 

I hope this new government is going to do something about stopping these bullies lying to people

[ukdeveloper]

does it have to be done at a solicitors? can it not be done at the local County court? if so how much is it there?

[Ell-enn]

I believe it can be done at local court but don't know what they charge. I think they take phonecalls from 9.30 but they don't usually open until 10 am. You could call them to see if it can be done there.

 

Any solicitor on the high street will do it if you just walk in and ask.

[ukdeveloper]

I believe it can be done at local court but don't know what they charge. I think they take phonecalls from 9.30 but they don't usually open until 10 am. You could call them to see if it can be done there.

 

Any solicitor on the high street will do it if you just walk in and ask.

 

 

and once she hands this to the bailiff do they HAVE to go away? or are they forbidden to remove goods?

 

UKD

[Ell-enn]

He can't take goods that don't belong to the person named on the warrant. The SD confirms that the all goods in the house belong to the parents.

 

She says the son has no stuff there at all - does he still live there?

[ploddertom]

does it have to be done at a solicitors? can it not be done at the local County court? if so how much is it there?

 

Stat Decs can be done at County Court but only usually due for County Court procedures, cost is £0. For Magistrates you normally have to make an appointment to do so - because of their opening times a Solicitors or Commissioner for Oaths is usually quicker.

 

PT

[ploddertom]

and once she hands this to the bailiff do they HAVE to go away? or are they forbidden to remove goods?

 

UKD

 

As has been said previously the Bailiff is all hot air and horse P**s, he doesn't want goods he wants cash. When he was with them earlier did he seize or levy on any goods or was it all just words. If he was going to try and be serious he would have levied on goods and to do this has to leave a Notice of Seizure. If nothing like this has happened then when it comes to him saying he had gained entry then the reply must be "you must have been dreaming" as there will be no proof. Therefore he has to start from scratch.

 

PT

[ukdeveloper]

As has been said previously the Bailiff is all hot air and horse P**s, he doesn't want goods he wants cash. When he was with them earlier did he seize or levy on any goods or was it all just words. If he was going to try and be serious he would have levied on goods and to do this has to leave a Notice of Seizure. If nothing like this has happened then when it comes to him saying he had gained entry then the reply must be "you must have been dreaming" as there will be no proof. Therefore he has to start from scratch.

 

PT

He apparently gained entry (she let him in) and he went round listing goods... but never left a notice of seizure so in my opinion he was just bluffing her into being more scared than she was.

 

Trouble is, because of her distress the police were called and were there when ge gained entry so saying he didnt when the police saw, would surely prove fruitless.

 

However NO levy was made (or if there was, no notice was left)

 

Shes off to the sols first thing, and is going to email Marstons late tonight threatening Form 4 etc.

 

Shes just worried that when she gets back from the sols her locks will have been changed.

 

Also she is registered blind too.... can you believe the sc*mbags??

 

So on benefits, registered disabled, not her debt and they still try it on with the poor old girl

 

UKD

[ploddertom]

He apparently gained entry (she let him in) and he went round listing goods... but never left a notice of seizure so in my opinion he was just bluffing her into being more scared than she was.

 

Trouble is, because of her distress the police were called and were there when ge gained entry so saying he didnt when the police saw, would surely prove fruitless.

 

However NO levy was made (or if there was, no notice was left)

 

Shes off to the sols first thing, and is going to email Marstons late tonight threatening Form 4 etc.

 

Shes just worried that when she gets back from the sols her locks will have been changed.

 

Also she is registered blind too.... can you believe the sc*mbags??

 

So on benefits, registered disabled, not her debt and they still try it on with the poor old girl

 

UKD

 

I'd hold off on the Form 4 for now, Kelcou will pick this up later on and hopefully may have time to compose a letter to email to Marstons before the morning. In my view a complaint should also be made at the Magistrates Court about this, I assume it would have been very easy for the Bailiff to see she was blind ths coming under the vulnerable category.

 

PT

[RaeUK]

...

 

Also she is registered blind too.... can you believe the sc*mbags??

 

So on benefits, registered disabled, not her debt and they still try it on with the poor old girl

 

UKD

 

Marstons, you'd have thought, would know better...

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

 

I think your friend needs to write a serious letter of complaint to both Marstons and the relevant court. The bailiff is an ignorant thug that needs his derriere kicking out of his job.

Marstons - and the court - both abide by the National Standards for Enforcement Agents. [At least they are supposed to!].

More than happy to write a complaint for you and your friend can email Marstons a copy tonight and follow up with a hardcopy tomorrow.

The chances are very high the bailiff will NOT be there at 8am. He is trying to make your friend sweat and panic. As he will be aware of her limitations, this bailiff is a sleazy little %$£". just my opinion of course...

Best wishes

Rae

Edited May 27, 2010 by RaeUK
thanks PT

[RaeUK]

Ok, ukdeveloper, I'll assume you've hit the land of nod and - as per your earlier post - your friend should have emailed the bailiffs accordingly.

Keep us posted and best wishes

Rae

[tomtubby]

Hi, a friend of my sisters has contacted me asking what she should do in the following circumstance:

 

"Hello UKD, ***** told me to message u cos I have got problems with bailiffs.

 

My son owes court money but has never paid. A bailiff came round 2 day wiv a warrant. My son has no stuff here at all, but the bailiff said because he lives at this address they can take MY stuff and my sons. They have been in and had a look, and cos i got so upset they said they will come back tomorrow at 8am. Because its my partners stuff he is taking it over to his sisters. After all it is his stuff!!

 

They are even taking my leather suite so will have no chairs. she said ur brother knows people who know how to deal with them. they want £350 and they wont take anything. i canty stop crying and shaking. sorry to bother u"

 

Any advice on what to do? i see they are coming before the courts open?

 

UKD

 

 

With the severe effects of the recession, bailiffs are finding it very difficult to get payment and sadly many of them are resorting to this threat which is done to try to make a mother or father make a "voluntary" payment on behalf of a son or daughter.

 

They will ALWAYS use the excuse that they can "assume" that all goods on the premises are owned by the son but in this case they are forgetting one important point of this silly case law that they are relying upon. It states that the bailiff must have "GOOD REASON" to believe etc.

 

In this case, the bailiff KNOWS that the goods are not owned by you son and he is hoping that you will get the money togther to make the "voluntary" payment by 8am.

 

You have no need to pay and I would suggest leaving the house. If there is problem then a "FORMAL COMPLAINT" needs to be made to the relevant CONTRACT MANGER with responsibilty for dealing with complaints in your area.

 

If necessary I can provide the contact details for you.

 

STAND YOUR GROUND. This is NOT your debt and is not your responsibility.

[ukdeveloper]

Well the lady went and swore the stat dec this morning and handed it to the bailiff when he turned up at around 08:45.

 

he told her that as he gained entry yesterday and was told by her son that some goods DID belong to him, that this makes the document a fraudulent document, and the lady could be reported for fraud.

 

He also told her as her son sleeps on the sofa in the front room, he is legally entitled to take ALL goods from that room, as he will assume they belong to her son unless she can prove otherwise.

 

AS of yet NO levy has been made on any goods, and today the Bailiff did not gain entry. He has given the "son" until wednesday of next week to come up with the money or goods will be removed.

 

UKD.

[Yoshiro]

Quite simple the answer here, yes some goods belong to her son, clothes and bedding etc....... all of which are exempt.

 

I mean its quite obvious the lad doesnt have much if he is sleeping on a sofa!!!

[ukdeveloper]

Exactly. However he is saying that because hes sleeping in the front room then goods in that room as far as he is concerned belong to him, which includes the leather sofa, TV, Cabinets any electrical items etc etc

 

and he WILL remove them too.

[sillygirl1]

That needs reporting to the police, he is acting way outside of his remit and needs to be brought to book.

 

How can a document signed in front of a solicitor be fraud... and he is WRONG about taking all the goods in the living room because the son sometimes sleeps on the sofa there.

 

This guy needs a sharp lesson in how the law ACTUALLY works rather than how bailiffs DREAM how it works.

 

It was a dodgy bailiff who first brought me to CAG over three years ago now and it is sad to see how many still operate in the field.

[Yoshiro]

Well he cant remove anything unless he levy's on it, which he obviously hasnt done!

 

Also if he does levy on the sofa i do believe that is an exempt item which would make the whole levy invalid!

 

From that i do believe that if the levy is invalid, its classed as if no levy was made and thus they cant gain re-entry!

[ukdeveloper]

hmm not sure… when i was a bailiff 10 years ago we COULD take sofas then.

 

addition:

Apparently the bailiff told the lady that if i was any good at being a bailiff then id still be one today, so i obviously don't know what im talking about. Just in case hes following the thread…. 2 reasons im not a bailiff now: 1). Couldnt handle the deceit and lies that we were made to tell customers. 2). Couldnt live on the shi**y wages you lot get. Pitiful. No doubt thats why you obtain money out of people by deception so you can bump up ya beer tokens.