Bailiffs fail to evict

[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.

[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.

[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.

[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.