Jump to content


How far bailiff can go in order to establish if the person he is looking for lives under warrant address


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4087 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello everybody.

 

I would like to share with you my today's disturbing event and ask for possible advice how to handle it correctly. It is a long story but hope somebody will have patience to read it.

 

I know the criminal law quite well and a bit of civil low. It is also not easy to intimidate me but I am short of temper if somebody wakes me up at 6:00 am in the manner bailiff has woke me up today by knocking like an idiot and shouting that he will brake the door or call the locksmith to enter the house !

I stepped outside with a torch calling him f** idiot and to get out of my door step before i will beat him up, than I asked who he was.

He answered that he represents Magistrates Court and he came to empty my house ... He pronounced some surname I have never heard . I did replayed I do not know the person and now just f** off. He also refused to show me his ID before I will show him mine. Because he was threatened by me with physical violence, police had duty to attend his call what they did after I left the house at around 8:00am

 

Now interesting part starts. While I was living house he was still there trying to force entry by pushing his way inside. I pushed him back and my patience ended. On this stage if he continue I would punch him. I demanded one more time his ID and I said to him that I will sort him out on the way to work and if he was not such a d**k head He might would find sometimes people willing to cooperate. He showed me his ID this time, I wrote it down and I left.

 

There was still a couple inside the house I shear house with and my trained working security dog - breed Cane Corso.

Just when I left the house the man climbed through the window and entered property. The couple ask him to get ** out of the house and the dog was waiting for a command...

I am a close protection security officer and I use to be also a security dog handler. The dog went through intensive training involving controlled attack, firearm search and is extremely obedient. If he was not, this tape of dogs would kill the intruder as a natural protective instinct. Other words he put himself in the same room with the lethal weapon to the strangers. Than the man opened the front door and invited two police officers inside the house. He assured officers that it is a "good dog" and to not worry about him. It is another lucky fluke that dog handlers uniforms look similar to police uniforms and he was familiar with them. In other hand he reacts very aggressively seeing hoods.

Meantime my other house mate arrived back home and ask them to live as he do not wish police presence at the house. They ignored him saying that it does not concern him they have rights to be there and they started searching the property without showing any search warrant.

All three tenants were protesting and they did keep repeating that they do not allow for this search.

on some point after one of the tenant physically blocked the entry to some drawer in the bedroom upstairs they call for back up and 4 more officers arrived !

Finally at around 10:15 I have returned home alarmed by tenants just when the search was over and they were living the house. I asked most smarter looking officer what this is all about and on what grounds they searched our property? He answered that the only reason they are here is because of threats I addressed toward bailiff. bailiff has forgotten to mention of course about his threats of force entry and his attempt to do so. I also asked police officers if they are aware on what danger bailiff exposed himself and all of the police officers entering the house while my dog was inside. Worth to mention that on some point they left both door main entry and anteroom wide open and the dog took an opportunity to go outside on his own !!!

 

I showed police my ID out of formality as they already new my personal details obtained in house search. The Bailiff was searching for somebody else and with regrets in his voice he said that he wasted over four hrs of his time. I have assured him that He is going to regret those four hrs least at all

By the way he was after 300 pounds of court order + his 200 pounds fees.

 

Also tenants have recorded on their mobiles a few clips when bailiff and a few stupid community support officers were opening drawers and they were going through my undergarments. Obviously they were some perverts and now I would have to replace all my undergarments !

 

I am joking now to unload a bit of stress from the fact that not any more individual can fill safe in own dwelling and that old phrase my house my castle is only a phrase without meaning. It could happened almost to everybody who stands for own rights and do not comply with rabble. at least from these reasons alone I am going to take it as far as It will be necessary to let justice be done

 

any advices please ?

Link to post
Share on other sites

Hi,

I'm niot an expert but I would go down to the police station with your videos and witnesses and make a complaint of breaking and entering against the bailiff and the police officers involved.

The desk will try to fob you off but demand to see the duty inspector and tell him you expect action to be taken against all those invoved.

Martin g

Link to post
Share on other sites

There are a couple of points of note:

 

The Bailiff appears to have gained entry to the property by peaceful means - he climbed through an open window. This would allow him to search the premises for goods he could seize and subsequently sell at auction, he would also be looking of proff of the debtor living there. How many times have they been told no one of that name lives there. As he had felt threatened by your behaviour he called the Police.

 

Officer Dibble should only have been there to prevent a Breach of the Peace and to ensure the safety of the threatened Bailiff. It would appear however that Officer Dibble has far exceeded his authority and should be brought to book over it.

 

I am not defending their actions but if there have been several Officers in attendance then you can bet they will all be singing from the same hymn book so any approach should be made with caution.

 

PT

Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Link to post
Share on other sites

Thanx so much for answers. Together with my net searches and todays visit to CAB it helps me to understand what has happened today and what to do with it. I have to say I am still very disturb by it and I will have a sleepless night. I was not aware that event like this may cause so much distress. it appears that apart of citizens who can afford for tall fences, own security personnel and a family lawyers every second class citizen who can not afford for such a things can be raid by some idiot accompanied by morons community officers and they can do things which in criminal law are reserved only for serious criminal offenses.

 

I did a bit of homework and thats how I do understand it

 

1 Breach of the peace committed by Bailiff by threats of breaking the doors and attempt of force entry by pushing his way while I was standing on a door step. (one of the tenants witnessed it) He was a county court bailiff without the rights of force entry

 

2 Breaking Health & Safety rules by bailiff and police officers when they entered property where potentially dangerous dog inhabits also by letting him outside and exposing to danger members of the public. Only authorized professional can judge and assist in such a case. Police dog handler or security dog handler or some certificated dog trainers

 

3. illegal property search and possible unreasonable force entry

Police could enter the premises on the grounds of preventing breaching of peace ( if a serious or dangerous incident has taken place.) I as was away carrying on my every day 'duties' and there was not such a threat. All three tenants present in the house showed their ID to police and they clearly stated that the person they are looking does not live under this address. they said they do not wish their present in their house and do not allow for a search without a search search warrant. on this stage police officers should explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not. instead they answered to one of the tenants that it is nothing to do with him and carry on with the search. one of female community support was pawing with her dirty hands a duvet hanging on the laundry hanger... was she practicing her pawing skills ??? or search atmosphere did spread around the house and she didn't want to be any worse??

even when police performs search without a warrant followed by certain serious offences they can search only for evidence relating to the offence for which the person has been arrested.

What support officer was looking in the hanging laundry ???!!!

 

I do still believe that police do some good job out there in the streets and I believe even more that community officers are morons wearing police like looking uniforms.

 

I think that if I was to let it go without bothering to make any change the next time they attend similar case they will be even less professional. Therefore I still need some advices how to handle it. I will also visit a solicitor and might left it to him/her to sort it out for me

Edited by MacLebaski
Link to post
Share on other sites

Guest Cartaphilus
Thanx so much for answers. Together with my net searches and todays visit to CAB it helps me to understand what has happened today and what to do with it. I have to say I am still very disturb by it and I will have a sleepless night. I was not aware that event like this may cause so much distress. it appears that apart of citizens who can afford for tall fences, own security personnel and a family lawyers every second class citizen who can not afford for such a things can be raid by some idiot accompanied by morons community officers and they can do things which in criminal law are reserved only for serious criminal offenses.

 

I did a bit of homework and thats how I do understand it

 

1 Breach of the peace committed by Bailiff by threats of breaking the doors and attempt of force entry by pushing his way while I was standing on a door step. (one of the tenants witnessed it) He was a county court bailiff without the rights of force entry

 

2 Breaking Health & Safety rules by bailiff and police officers when they entered property where potentially dangerous dog inhabits also by letting him outside and exposing to danger members of the public. Only authorized professional can judge and assist in such a case. Police dog handler or security dog handler or some certificated dog trainers

 

3. illegal property search and possible unreasonable force entry

Police could enter the premises on the grounds of preventing breaching of peace ( if a serious or dangerous incident has taken place.) I as was away carrying on my every day 'duties' and there was not such a threat. All three tenants present in the house showed their ID to police and they clearly stated that the person they are looking does not live under this address. they said they do not wish their present in their house and do not allow for a search without a search search warrant. on this stage police officers should explain why they want to search, the rights of the occupier and whether the search is made with a search warrant or not. instead they answered to one of the tenants that it is nothing to do with him and carry on with the search. one of female community support was pawing with her dirty hands a duvet hanging on the laundry hanger... was she practicing her pawing skills ??? or search atmosphere did spread around the house and she didn't want to be any worse??

even when police performs search without a warrant followed by certain serious offences they can search only for evidence relating to the offence for which the person has been arrested.

What support officer was looking in the hanging laundry ???!!!

 

I do still believe that police do some good job out there in the streets and I believe even more that community officers are morons wearing police like looking uniforms.

 

I think that if I was to let it go without bothering to make any change the next time they attend similar case they will be even less professional. Therefore I still need some advices how to handle it. I will also visit a solicitor and might left it to him/her to sort it out for me

 

Yes, what an amazing story, full of 'emotive' language ... I imagine there's far more to your story ... Quite a lot more. I mean the way you describe it it sounds more like a police raid to me ... Interesting story.

 

it appears that apart of citizens who can afford for tall fences, own security personnel and a family lawyers every second class citizen who can not afford for such a things can be raid by some idiot accompanied by morons community officers and they can do things which in criminal law are reserved only for serious criminal offenses.

 

Yes, definitely a lot more going on here methinks.

 

 

Oh, well, good luck with the complaining. Night, night.

Edited by Cartaphilus
Link to post
Share on other sites

It is my understanding that community police have no powers of arrest, if they really thought that a crime or assault was about to take place then they would have called for proper policemen to attend.

It sounds like they were abusing their position to me and should be disipline or sacked.

Martin g

Link to post
Share on other sites

I would say you should be speaking to the Independent Police Complaints Commission. An unauthorised raid on a property is burglary

 

Thats how I can see it. I did already complain to Surrey police and I will be talking today to the Inspector who is he involved in this event He already looked at the case and predictably judged that there was everything alright while even Lady in police switch board agreed while discussing first part of event that he has broken the law by threats of breaking the door and by attempt of pushing his way while I was on the door step

 

There is another aspect coming to this event. while dog was let out outside a postmen was two houses away from mine. he stopped his job and basically run away until the dog was securely lock inside. I will try to get his statement today

 

 

 

It is my understanding that community police have no powers of arrest, if they really thought that a crime or assault was about to take place then they would have called for proper policemen to attend.

It sounds like they were abusing their position to me and should be disipline or sacked.

Martin g

 

 

Yes apart of 4 CPO's there were two police officers with them but they did not participated in the search much. they were lifting only things which were visible on display what they are allowed to do once inside property

Link to post
Share on other sites

Any idea's who the bailiff worked for. I have an inkling it could be Marstons. Not trying to be funny here but it really helps us if you could just stick to what the bailiff said did etc and what the police said and did etc.

Did you see any warrants?

You need to make a formal complaint to the Inspector, in writing, you then need to make a formal complaint to the bailiff company and or to the court executing the warrant.

Link to post
Share on other sites

Yes, what an amazing story, full of 'emotive' language ... I imagine there's far more to your story ... Quite a lot more. I mean the way you describe it it sounds more like a police raid to me ... Interesting story.

 

 

 

Yes, definitely a lot more going on here methinks.

 

 

Oh, well, good luck with the complaining. Night, night.

extremely helpful with the pedantic replies:roll:

Link to post
Share on other sites

Yes, what an amazing story, full of 'emotive' language ... I imagine there's far more to your story ... Quite a lot more. I mean the way you describe it it sounds more like a police raid to me ... Interesting story.

 

 

 

Yes, definitely a lot more going on here methinks.

 

 

Oh, well, good luck with the complaining. Night, night.

 

yes there is a bit more for sure. some personal aspects.I am between jobs in front of big decision if I want to continue stressful job and lifestyle in UK or migrate somewhere tropical to enjoy live for change. I have been threaten many times because of my work, fallowed on the roads, my dog was shoot while I was dealing with dangerous gang, I have been a witness many times attending courts hearings helping to lock up violent criminals and in exchange I could hardly relay on police back up.

I have treated my house as a refuge of all of this. a castle in which I can fill save and be protected by law and ideally by a shoot gun waiting somewhere near the door step. This will never happen unless moving to america. because of this single aspect alone of firearm possession citizens can feel that they are in charge of own lives. Dignity and it protection is in my opinion one of the most important aspects of our existence.

I am terrified reading through this forum how much distress people are because of those primitive practices in the era when the most basic Intelligence could establish who lives under certain address.

 

One more irony when about a year ago my car was burgled and I had to wait for a three days before police patrol arrived to say that fingerprints left by burgles are to dry now to be taken of the vehicle. staff shortage ! while yesterday I had six of them wasting their time. My dog found a scent and got me to the spot where buglers abandoned some gadgets from my car . That was a place where they must have parked their own car. The spot was covered by Tesco store CCTV system. I went to the store. I have spoken to store manager giving him frame hrs I am interested in and the footage was waiting for police officer to look through. No police officer has ever ask for it in spite my few requests.

 

In some parts of london there are already private security companies doing policing in the street as police is less and less reliable . They are walking residents to the car and to the front door if they ask for it. that is what kind of police people expect to have and they are paying for. In my event Police has forgotten who they suppose to have protect from who. This is my house, my castle and I have an intruder in front of my door step.

Edited by MacLebaski
Link to post
Share on other sites

I can fully understand your anger in all this but you need to put this anger down on paper and get complaining. It also might help in writing to your MP highlighting many of the situations you have put here. We all know how bailiffs work and how 90% of them work outside of the law just to line their own pockets, but believe me when I say this there are people working out there to bring a stop to their skulduggery. Soon many will be out of a job and on the receiving end. Its already happening.

Link to post
Share on other sites

Any idea's who the bailiff worked for. I have an inkling it could be Marstons. Not trying to be funny here but it really helps us if you could just stick to what the bailiff said did etc and what the police said and did etc.

Did you see any warrants?

You need to make a formal complaint to the Inspector, in writing, you then need to make a formal complaint to the bailiff company and or to the court executing the warrant.

 

yes it was Marston. He refused to show me even his ID on the first encounter before I will show him mine. I have seen the removal notice/warrant only after he left the house. During discussion he showed me some leaflet treating about criminal law, domestic violence and serious criminal offenses. I asked him what it has to do with me and your presence here ? If it was a criminal warrant it is a police job not yours. He said that he will show it only to me when I will show him mine ID I said to him good luck and I left

Edited by MacLebaski
Link to post
Share on other sites

A few more questions & thank you so much for the previous advices . I am in the middle of writing complain and still do not understand this subject entirely :???:

 

As above. Ones inside does warrant gives bailiff the rights to search the property for proof that person he is looking for lives in that property ?

Can he ignore tenants which in police presence showed their ID's and clearly stated that nobody with the name on his warrant lives in that property ?

 

Meantime police officers have violated Article 8 of the European Commission of Humans Rights Convention (the right to privacy) when they entered property in the purpose of preventing a breach of the peace and actively helped bailiff in search.

The police officer may search the premises, but the power of search is only a power to search to the extent that is reasonably required for the purpose for which the power of entry is exercised. Any further search is unlawful.

Apart of it there would have been no need for the police to enter as they had if they had considered the situation appropriately. Their entry was disproportionate to the legitimate aim pursued.

I was away that time living the house through the main entry informing bailiff that I will sort him out on the way to work by reporting him for threats of breaking in and attempt of force entry by pushing me

Edited by MacLebaski
Link to post
Share on other sites

2 threads merged.

Please keep your issues in one place-it makes it easier for others advising.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

It is obvious that this was a court fine that the bailiff was issued for. Would you know what sort of fine this was.

Also have you ever received any letters from the court or the bailiff company in the name the bailiff was looking for.

I would inquire to both Marstons and the Court why your address had been flagged up as the address of the person they were looking for.

If it is found that the person has never lived at your address then I think you would have very good grounds for a serious complaint, not only to Marstons, but the issuing Court. As for the police, you really need to make a formal complaint to the IPCC.

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...