Bailiffs fail to evict

[letsmakeamark]

Bailiffs do not have the correct paperwork.

[sgtbush]

the finer points of the law!!!!

its easy to understand both sides of the argument, but without the correct paperwork and understanding what the order entiles anyone to do then the correct outcome came,

however, all the claiment does now is go back to court, explain what happend and a judge will issue an order authorising force, so its only delayed what is the outcome.

[seanamarts]

OMG!!! how refreshing to see the police actually siding against the bailiff for once. That is, the police siding on the right side of the law and instead of listening to the bailiffs claptrap law that they believe should happen.

 

Beware!!! video has lots of swearing and threatening behaviour. This is all done by the bailiffs, watch how their attitudes change when the police turn up.

 

Even after they have been told they cannot force their way in, they try it on. The fat one should have been arrested for his foul mouth and threatening behaviour.

 

How silly do those bailiffs look now, and the other guy, (lock smith) . They all sounded so professional.. NOT!

 

If I was their employer I would be looking at giving them the boot.

 

Every police force in this country should see this video, This is how to treat the bailiff when he is wrong. The police did their job well.

[unclebulgaria67]

the finer points of the law!!!!

its easy to understand both sides of the argument, but without the correct paperwork and understanding what the order entiles anyone to do then the correct outcome came,

however, all the claiment does now is go back to court, explain what happend and a judge will issue an order authorising force, so its only delayed what is the outcome.

 

No the claimant would not automatically get a judge to sign any documents authorising force to be used. There would have to be a hearing to find out what the issues were. The mortgage holder in default would be given the opportunity to make their case.

 

As for the legal process with documents, the bailiffs in the video should be aware of what the score is with these situations and should have walked away, as soon as they realised that they were not going to gain peaceful possession. The Police have better things to be doing than getting involved in civil situations, where the bailiffs had no powers to force entry.

[seanamarts]

the finer points of the law!!!!

its easy to understand both sides of the argument, but without the correct paperwork and understanding what the order entiles anyone to do then the correct outcome came,

however, all the claiment does now is go back to court, explain what happend and a judge will issue an order authorising force, so its only delayed what is the outcome.

 

It basically on their bonfire though

 

I hope the video's will be shown at court to show how the bailiffs tried to thwart the law. If that guy who said he was a lock smith carried out forcing the lock, I hope he has the certificate to prove he can do that because if he didnt/dosnt then he can be charged for criminal damage and Im sure a few other misdemeanour's.

 

I would of loved to of been a fly in the car on the way back to the office. I bet you could of heard a pin drop.

[sgtbush]

OMG!!! how refreshing to see the police actually siding against the bailiff for once. That is, the police siding on the right side of the law and instead of listening to the bailiffs claptrap law that they believe should happen.

 

Beware!!! video has lots of swearing and threatening behaviour. This is all done by the bailiffs, watch how their attitudes change when the police turn up.

 

 

 

 

Even after they have been told they cannot force their way in, they try it on. The fat one should have been arrested for his foul mouth and threatening behaviour.

 

How silly do those bailiffs look now, and the other guy, (lock smith) . They all sounded so professional.. NOT!

 

If I was their employer I would be looking at giving them the boot.

 

Every police force in this country should see this video, This is how to treat the bailiff when he is wrong. The police did their job well.

actually the police did not side with the defendent, or the bailiffs, they just made sure the order was carried out within what the order said.

it was not the bailiffs fault, all be it they belived what they were doing was executing a court order

 

good on the defendent in doing some reserch on the warrants and pointing out to the police what excatly the order entitle the bailiffs t do

 

the police needed a conference to establish what the order actually ment

 

seems to me their is an ongoing issue on the case and its still in court, anyways thats for a judge to decide

 

 

but apart from that, all that will happen is the claiment will petertition the court for an eviction order by means of force if neccassary

[seanamarts]

No the claimant would not automatically get a judge to sign any documents authorising force to be used. There would have to be a hearing to find out what the issues were. The mortgage holder in default would be given the opportunity to make their case.

 

As for the legal process with documents, the bailiffs in the video should be aware of what the score is with these situations and should have walked away, as soon as they realised that they were not going to gain peaceful possession. The Police have better things to be doing than getting involved in civil situations, where the bailiffs had no powers to force entry.

 

We all know bailiffs love a bit of drama uncle B. They like to rile the person in the hope that they get some recompense out of it. Just look how they acted in the beginning of the video, swearing and threatening, they knew as soon as the man called the police they would be in trouble for being on the land. They just hoped the police didnt know.

[seanamarts]

actually the police did not side with the defendent, or the bailiffs, they just made sure the order was carried out within what the order said.

it was not the bailiffs fault, all be it they belived what they were doing was executing a court order

 

Of course it was the bailiffs fault. If they didnt know what they should be doing then they should not be there in the first place.

 

The bailiff was in the wrong, they knew full well they were in the wrong, they just hoped that the police would side with them because they are bailiffs and bailiffs word is law.

Unfortunate for them that they had an officer turn up who likes to have things checked before proceeding with any action.

[citizenB]

Very impressed.

 

I found it quite disgraceful at the end where the tubby bailiff decided to find another entrance and the one wearing the flak Jacket !! decided he would also push his luck. Were they hoping to provoke confrontation by the police. I was so hoping the police would arrest them

 

It would be interesting to know what happened next. Did the bailiffs manage to obtain the correct paperwork - did the eviction take place at some other time ?

[leigh04]

Very impressed.

 

I found it quite disgraceful at the end where the tubby bailiff decided to find another entrance and the one wearing the flak Jacket !! decided he would also push his luck. Were they hoping to provoke confrontation by the police. I was so hoping the police would arrest them

 

It would be interesting to know what happened next. Did the bailiffs manage to obtain the correct paperwork - did the eviction take place at some other time ?

 

Citizenb if u read under the video it gives u an update, they reattended with hceo's

[citizenB]

Thanks I will pop back and read underneath.. Missed that !

[leigh04]

Thanks I will pop back and read underneath.. Missed that !

 

No probs citizenb

[i hate bailiffs]

Respect to the police

 

"I do hope i get the chance to take you before a judge because i would love to accompany you to prison"

As always bailiffs relying on fear and intimidation not the first time a bailiff has come out with the prison threat,

sadly wont be the last

[citizenB]

It is an interesting thought - if those guys werent bailiffs.. what would they be doing to earn a living ? Strutting around in flak jackets for heavens sake.. did he think it made him look "big or important" How can we afford flak jackets for them and not for soldiers !!

[Fulhamboy]

How bleeding obstinate were the bailiffs ! Why didnt they realize they where getting nowhere, go away regroup and sort out the paperwork. They had to have one last go by climbing over the fence. This is one job I wouldn't do regardless of the salary. If they

get sacked for their terrible behavior they can always get a job at Marstons, go straight to the top of the class , exactly the caliber of staff they are looking for.

[caledfwlch]

We should form local resistance groups to do exactly this at every reposession, and at as many bailiff actions as possible all round the country. Make it a nightmare to enforce, catch them on film breaking the law, and cost them a fortune.

[tomtubby]

Do we know which enforcement company were involved ??

[caledfwlch]

Do we know which enforcement company were involved ??

 

I thought it was only County Court employed Bailiffs who carried out evictions, that is the only way they are referred too in the video also.

[unclebulgaria67]

I thought it was only County Court employed Bailiffs who carried out evictions, that is the only way they are referred too in the video also.

 

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.

[tomtubby]

It would be interesting to know which HCEO company we involved...

[letsmakeamark]

Loads of them about

[lamma]

Is it just me that cannot find an EX96 on the Justice web site ?

[caledfwlch]

Is it just me that cannot find an EX96 on the Justice web site ?

 

IIRC from the video, whilst it is a vital and important part of making the Eviction/Reposession lawful, it is not a Court Document that would be copied to the poor sod being thrown out, it is an "internal court memo" It's one of those useful "finds" we are not expected to know about it, hence it wont be on the website.

[lamma]

Yes, only "public" forms are available on Justice. Does anyone have an EX96 they can post up here ?

[HCEOs]

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.