marston Bailiff Forced Entry through locked French Doors

[unclebulgaria67]

Who is UB?

 

Me. It related to my post to contact DVLA, but you have tried that already and they won't assist.

[Bailiff Advice]

I was outside the house not inside...was trying to negotiate with them then I hear my partner screaming in terror. If the debtor is outside the house and not refusing payment then I do believe there was wrongdoing done on the part of the EAs

 

I don't want to dwell on this subject but you really do need to realise that unless you were offering to make full payment when you were outside of the property then the enforcement agent is permitted to enter your property and SEARCH for items that may be taken into control.

 

You seem to be wanting to go down the route of wrongdoing when in fact, your time would be better spent trying to resolve this matter and get rid of the conviction. Have you contacted DVLA or the Magistrates Court?

[GrumpyToSayTheLeast]

I was outside the house not inside...was trying to negotiate with them then I hear my partner screaming in terror. If the debtor is outside the house and not refusing payment then I do believe there was wrongdoing done on the part of the EAs

 

It doesn't say house, its says property. You were in the boundaries of the property.

Regardless, that rule was set to make sure a debtor knew about the matter and EA's didn't just force entry willy nilly.

As you were there, you knew about it and were present and therefore Enforcement can continue.

The EA can open or unlock the door using force. If he has damaged the door, that's your problem, not his. If force took place and it turned out you were not present, then they would make good the damage.

 

If you value the cars at 700, then they are worth nothing to us. We get 200 for a trade value £800 car so no, the ea would not have been interested in the cars.

 

We see LOTS of fake Rolex watches so the EA probably just didn't believe you that it was real unless you waved the certificate of authenticity under his nose.

The EA will go for ALL assets inside a house if he needs to, an it is up to the third party to make a part 85 claim.

Its not practical or even possible for the EA to determine what is yours before he takes it, only that he has reasonable suspicion that it is yours. F.ing and blinding that its your partners wont work. A receipt, along with proof of transfer of funds would be needed.

 

All in all, you need to focus on getting the fine quashed, rather than trying to get the EA reprimanded.

 

BA's advice is good.

[adamna]

Did the EA ask if they could enter to do their 'search' peacefully? There was that option. We will never know exactly what happened will we?

[adamna]

F.ing and blinding that its your partners wont work. A receipt, along with proof of transfer of funds would be needed.

Receipts were available and even presented! No mention of F.ing and blinding was made.

[magicmart123]

Receipts were available and even presented! No mention of F.ing and blinding was made.

 

Exactly...I never swore at them once even though one of them swore at me twice

[magicmart123]

It doesn't say house, its says property. You were in the boundaries of the property.

Regardless, that rule was set to make sure a debtor knew about the matter and EA's didn't just force entry willy nilly.

As you were there, you knew about it and were present and therefore Enforcement can continue.

The EA can open or unlock the door using force. If he has damaged the door, that's your problem, not his. If force took place and it turned out you were not present, then they would make good the damage.

 

If you value the cars at 700, then they are worth nothing to us. We get 200 for a trade value £800 car so no, the ea would not have been interested in the cars.

 

We see LOTS of fake Rolex watches so the EA probably just didn't believe you that it was real unless you waved the certificate of authenticity under his nose.

The EA will go for ALL assets inside a house if he needs to, an it is up to the third party to make a part 85 claim.

Its not practical or even possible for the EA to determine what is yours before he takes it, only that he has reasonable suspicion that it is yours. F.ing and blinding that its your partners wont work. A receipt, along with proof of transfer of funds would be needed.

 

All in all, you need to focus on getting the fine quashed, rather than trying to get the EA reprimanded.

 

BA's advice is good.

 

Read the entire thread Bailiff Buddy...I have over £90,000 worth of cars here...and trying to get the whole matter reversed and the fine quashed is what I'm trying to do....reprimanding is necessary as there is however the small matter of assault on my partner being touched as she attempted to prevent the violent and forced entry by one of the 14 stone thugs your post supports. You and your mates just need to stop lying and misrepresenting your powers and spend a bit more time acting within the law or just go and get a job that makes you an honest living...simples

[Bailiff Advice]

This type of post is not helping the situation one bit. Can we try to concentrate of getting your conviction overturned please.

 

A bailiff visit will always be an unwelcome one. Regular posters on here are aware of the work that Grumpy does and I can speak from experience by saying that his views from the 'inside' (so to speak) have always been welcome on the forum. Granted, he receives a fair amount of hostile comments from some viewers but nonetheless, his input is gratefully received.

[magicmart123]

This type of post is not helping the situation one bit. Can we try to concentrate of getting your conviction overturned please.

 

A bailiff visit will always be an unwelcome one. Regular posters on here are aware of the work that Grumpy does and I can speak from experience by saying that his views from the 'inside' (so to speak) have always been welcome on the forum. Granted, he receives a fair amount of hostile comments from some viewers but nonetheless, his input is gratefully received.

 

I appreciate what you are saying but I found his tone inflammatory and not indicative of someone who had fully familiarised himself with the entire content of the thread...additionally his clear bias and presumptions with regards to the actions of the Enforcement Agents made me react the way I did...so I apologise if I fought fire with fire....and I could've probably found a better way to say about Bailiff's stopping the lying and misrepresenting their powers...so apologies for incorrectly structuring my post

[magicmart123]

Sometimes, when under stress, one doesn't come looking for help, only to find oneself speaking to the enemy.

 

Well said

[Bailiff Advice]

I appreciate what you are saying but I found his tone inflammatory and not indicative of someone who had fully familiarised himself with the entire content of the thread...additionally his clear bias and presumptions with regards to the actions of the Enforcement Agents made me react the way I did...so I apologise if I fought fire with fire....and I could've probably found a better way to say about Bailiff's stopping the lying and misrepresenting their powers...so apologies for incorrectly structuring my post

 

No problem at all.

 

It's now my time to apologise. I hadn't noticed that you had received a reply from DVLA. As outlined, the court date has now passed. The route now is via a Statutory Declaration.

 

Have you managed to get anywhere with contacting the person who acquired your vehicle?

[magicmart123]

No problem at all.

 

It's now my time to apologise. I hadn't noticed that you had received a reply from DVLA. As outlined, the court date has now passed. The route now is via a Statutory Declaration.

 

Have you managed to get anywhere with contacting the person who acquired your vehicle?

 

No apology necessary...your advice has been vital in helping me direct this course of action in the correct er...direction It shouldn't be a problem getting hold of him as he runs a business dismantling BMWs and I still have all his contact details and earlier drafted and sent the following letter;

 

 

Dear Mr. :

I am writing about the BMW ******* vehicle, reg ******* you purchased from me on 8th December 2015.

I have only recently found out that the DVLA records in respect of this vehicle have not been updated so I would very much appreciate that you could either confirm with me or them that you became the new keeper on the aforementioned date. I have been recently able to do this personally online immediately when I found out about the issue but confirmation from yourself both to me and the DVLA by letter would be really appreciated.

Any problems please don’t hesitate to contact me on 0***********. Many thanks

Yours sincerely,

***********

[Bailiff Advice]

Hopefully you will receive a response quite soon. Once you have confirmation from him you can make an appointment for a Statutory Declaration. Its best not to let this thread go to too many pages though.

[AndyOrch]

Post unapproved...because this is not a discussion thread...which it it is slowly turning into one......we have a separate forum for discussions..please feel free to start your own there.....as many pages as you wish.

 

Regards

 

Andy

[adamna]

I just wondered why it would be to the advantage of the OP to curtail the number of pages on their thread.

[AndyOrch]

I just wondered why it would be to the advantage of the OP to curtail the number of pages on their thread.

 

So the advice is succinct and correct and the poster does not become overloaded with arguments...points of views and incorrect advice adamna......the thread becomes over congested....and the advice ineffective.

 

Andy

[adamna]

[magicmart123]

Post unapproved...because this is not a discussion thread...which it it is slowly turning into one......we have a separate forum for discussions..please feel free to start your own there.....as many pages as you wish.

 

Regards

 

Andy

 

I'm confused..

.As far as I am aware I used this post to gain the necessary information to help me know how to proceed.

 

 

How else is one to gain advice otherwise? Discussion???..

 

 

.I have seen it as the help of others with more knowledge than me showing me where I was going wrong and pointing me in the right direction and didn't realise there would be a page limit applied to this assistance..

..or that if there was that I would need to have started the thread in a Discussion format.

[Bailiff Advice]

The moderators are correct ....trust me.

 

There really is nothing worse than having to read back over many pages. It not only puts off a lot of people from contributing to a thread, but it is also off-putting for those who have already been contributing.

 

Once the advice has been given (which in your case, is to consider a Statutory Declaration), then the thread can continue in the 'discussion area' of the forum.

 

Lastly, long threads tend to attract argumentative posts from contributors who don't usually post in the bailiff section of the forum.

[adamna]

What does reasonable force mean?

 

A bailiff has to use normal means of entry, so generally this means they must enter through a door, a gate, garage etc but not windows. They cannot climb over fences or walls, but they can force a door and break the lock, or cut through padlocks etc.

They can’t however, touch you or force their way past you or anyone else."

Edited January 11, 2017 by Andyorch
Commercial Link removed

[magicmart123]

I'm continuing this on a "discussion" instead thread due to the earlier orders of the Forum Police (not you BA) Thanks to everyone that took their time to offer good advice which has really helped me know how to proceed with this.

 

To the other minority that chipped in with negativity or support of a barely legal enterprise...I would be of the opinion that if you haven't got anything good to say...why say anything?

[dx100uk]

lots of very bad errors on that commercial link site too.

[ericsbrother]

hope this is just a slip on the buyers behalf. 2 million cars drivng around with incorrect details on the DVLA database, many involved in crime becuase the system for notification is more suited to half a century ago and people take advantage.

 

No apology necessary...your advice has been vital in helping me direct this course of action in the correct er...direction It shouldn't be a problem getting hold of him as he runs a business dismantling BMWs and I still have all his contact details and earlier drafted and sent the following letter;

 

 

Dear Mr. :

I am writing about the BMW ******* vehicle, reg ******* you purchased from me on 8th December 2015.

I have only recently found out that the DVLA records in respect of this vehicle have not been updated so I would very much appreciate that you could either confirm with me or them that you became the new keeper on the aforementioned date. I have been recently able to do this personally online immediately when I found out about the issue but confirmation from yourself both to me and the DVLA by letter would be really appreciated.

Any problems please don’t hesitate to contact me on 0***********. Many thanks

Yours sincerely,

***********

[Leakie]

Just thought I would just share with you with regards to the DVLA

 

I purchased a car,I was able to Tax online no problem

I needed the V5c from the DVLA

I was told that it was not registered to me as the previous owner had not sent in there part of the V5c.

I had sent in my part but the denied they had received it.

The only way I could re register the car was to pay a fee.

 

So it may be down to the DVLA where the fault lie's

with any luck the buyer will come clean, but end up with another penalty as well.

[king12345]

Just thought I would just share with you with regards to the DVLA

 

I purchased a car,I was able to Tax online no problem

I needed the V5c from the DVLA

I was told that it was not registered to me as the previous owner had not sent in there part of the V5c.

I had sent in my part but the denied they had received it.

The only way I could re register the car was to pay a fee.

 

So it may be down to the DVLA where the fault lie's

with any luck the buyer will come clean, but end up with another penalty as well.

 

Your fault!

Don't you know that all unregistered post addressed to DVLA is shredded and burnt by royal mail to heat their depot?

☺