Bailiffs fail to evict

[brassnecked]

Firstly, the behaviour and attitude of the Bailiff's in this matter is appalling.

 

To clarify the position of an HCEO in these matters I would advise that the enforcement of residential repossession order can be carried out by HCEOs if the matter is transferred to the High Court under Section 42 of the County Courts Act 1984, thus obtaining a writ of possession. This often arises where the County Court Bailiff has either failed to complete the eviction or if they have quoted an unreasonable time scale (many have quoted up to 4 months). Not many cases like this are passed to the HCEO though.

 

Providing the writ is correct and valid (I'm unsure if the tenant's claim regarding the CCBs paperwork are correct in the video) then the HCEO should not fail to evict.

 

In a matter like this it would be prudent to attend with the Police who should then arrest anybody that obstructs the HCEO or causes a breach of the peace.

Further, the Police should not be siding with anybody, they should side with the law.

In this case do you reckon the police should have felt the enforcers collars at the point they disobeyed Sgt Mo, and re entered the garden over the fence?

[HCEOs]

Possibly, but I'm unfamiliar with the claims of the so called 'vigilante' regarding the CCB and form EX96 as it would appear were the Police.

 

More importantly the CCBs need to be disciplined for what was clearly unprofessional and threatening behaviour.

[brassnecked]

Possibly, but I'm unfamiliar with the claims of the so called 'vigilante' regarding the CCB and form EX96 as it would appear were the Police.

 

More importantly the CCBs need to be disciplined for what was clearly unprofessional and threatening behaviour.

They are prima facie guilty of several criminal offences, as per one threatening violence, and I would say that their conduct in Public Office during this botched reposession amounts to misfeance, itself a criminal offence, one that cannot sadly judging by Marstons recent issues be levelled at private enforcers. They should be sacked.

[lamma]

"Possibly, but I'm unfamiliar with the claims of the so called 'vigilante' regarding the CCB and form EX96" So you have never seen an EX96 nor carried out such an eviction/repossession ? (And who called who a 'vigilante' ?)

[HCEOs]

"Possibly, but I'm unfamiliar with the claims of the so called 'vigilante' regarding the CCB and form EX96" So you have never seen an EX96 nor carried out such an eviction/repossession ? (And who called who a 'vigilante' ?)

 

Our evictions are carried out under a writ of possession obtained from a sealed possession order. That is all we need.

 

And the Youtube video is posted by somebody calling themselves Vigilante33o for Vigilante TV....

[unclebulgaria67]

Our evictions are carried out under a writ of possession obtained from a sealed possession order. That is all we need.

 

And the Youtube video is posted by somebody calling themselves Vigilante33o for Vigilante TV....

 

But can you only gain peaceful possession ? What if possession is peacefully resisted ? Does the sealed possession order means that anyone on the property is there unlawfully and can be removed by force by an HCEO ?

 

I think the problem with these thread debates, is that often we don't find out the exact legal position, if there is a clear position. Perhaps there is need for major reforms of laws in this area.

[brassnecked]

But can you only gain peaceful possession ? What if possession is peacefully resisted ? Does the sealed possession order means that anyone on the property is there unlawfully and can be removed by force by an HCEO ?

 

I think the problem with these thread debates, is that often we don't find out the exact legal position, if there is a clear position. Perhaps there is need for major reforms of laws in this area.

 

Indupitably UB

[HCEOs]

There is nothing in law to say that the execution of a writ of possession must be 'peaceful'. Indeed, most evictions undertaken by an HCEO are usually against trespassers (often squatters / persons unknown) and the HCEOs are often met with some resistance.

 

In any execution of writ it is an offence to obstruct an HCEO or his agent:

 

Section 189 of the Courts Act 2003 / Section 10 of the Criminal Law Act 1977

The Courts Act 2003 amended part of The Criminal Law Act 1977 which made it an offence to obstruct a Sheriff’s Officer in the execution of a High Court Writ. Under Section 189 of the Courts Act 2003, the 2003 Act amends Section 10 of the Criminal Law Act 1977 so that a person is guilty of an offence if he resists or intentionally obstructs any person who is an enforcement officer or a person acting under the authority of an enforcement officer and who is engaged in executing a Writ issued from the High Court.

 

As already mentioned, not too many residential repossessions are transferred up to an HCEO.

[HCEOs]

Something I failed to mention is that almost all of those possession orders transferred to an HCEO will be where the landlord is the claimant and it is renting tenants that are evicted, usually for non-payment of rent. The type of eviction featured in the video will almost always fall under the Consumer Credit Act and are therefore only carried out by the County Court Bailiff.

[brassnecked]

Something I failed to mention is that almost all of those possession orders transferred to an HCEO will be where the landlord is the claimant and it is renting tenants that are evicted, usually for non-payment of rent. The type of eviction featured in the video will almost always fall under the Consumer Credit Act and are therefore only carried out by the County Court Bailiff.

Thanks HCEOs, I thought that would be the case.

[HCEOs]

No problem brassnecked.

 

It would appear from the YT update that the bank went to the high court, who authorised action by HCEO's and the Police then did not do anything.

 

I'd be interested to know why an HCEO would fail to complete the eviction. The only reason should be that the order was stayed for some reason.

[unclebulgaria67]

No problem brassnecked.

 

I'd be interested to know why an HCEO would fail to complete the eviction. The only reason should be that the order was stayed for some reason.

 

According to the info on that video feed, the HCEO's did not fail. Their is an allegation by the people who tried to stop them, that they used excessive force.

 

The question is what reasonable force can an HCEO apply to gain the eviction. This is I suppose the reason they ask for Police to attend to act as witnesses, as otherwise they could be accused of criminal offences that are not true.

[lamma]

Thanks for the info HCEOs. I would still be interested in seeing an EX96, as many probably are, if anyone has one.