Forced Entry Bill

[paulson1985]

I have been following this topic with great interest and have a few questions I hope someone can answer for me.

 

 

most people who find themselves in the terrible position of having bailliffs at there door for unpaid council tax etc do so because they have little or no money coming into the home.

 

Most of these people have very few possesions therefore I wonder what will happen in these circumstances.

 

Will bailliffs force there way into these homes and take things away that have very little or no value at all ie old furniture, tvs that are only worth a few pounds etc.

On the subject of pets, what will happen to the pets that are worthless to anybody barr the owners who love these animals and who I am very sure provide valuable companionship to there owners.

 

Surley there will be very little to gain by breaking into homes that obviously have nothing of any value there.?

[rmoody70]

It would be funny to find a purveor of live flees, and to sprinkle them on any furniture they may nick.

[Bailiffchaser]

I know its a load of elephant b******s.

[paulson1985]

My main concern is these people forcing there way into vulnerable peoples homes and taking what little bits of sticks of furniture they own.

 

Not good there most likely will be nothing at all left to cover there costs let alone anything else.

 

And leaving misery and despair in there wake.

 

The whole thing is a nightmare and does not bear thinking about.

 

It must be stopped.

 

Can you possibly imagine the despair it will cause, and the taking of peoples pets, there are the can pay and wont pay ,and there are the cannott pay surley this should be sorted?

[falcon185]

Dont forget the effects it will have on the animals too being torn from a loving home only to be put in kennels until sold etc.......

[InKogneeToh]

Hi

 

And - what market value is there in the ordinary moggy or mongrel dog that most people keep and cherish as pets? Who is going to buy these animals for goodness sake??

 

And will the bailiffs have veterinary care and kennels in place for all these pets? Who is going to foot the bill for this?

 

Please, please print yourselves a copy of peterbard's petition and get as many signatures as you can. Needs to be sent to him by 17/2.

 

Regards, Pam

[Harrassed&Hopefull]

We probably need to put ourselves in the shoes of the bailiff briefly, hope it wont mar you for life, or change your aroma to that of a ... no disrespect to our pink four legged bacon donator friends!

The deciding factor on what they seize is what it is worth or rather, the price it will realise sold in distress or auction. Should you have the proverbial moggie or mongrel there is no benefit there to a bailiff, unless he's after a free pet, they would be choosey, they want to cover their costs and show a return for the creditor. BUT if one had a pedigree beastie of value, or a race horse, cobra or parrot--watch out!

Re furniture, well the value needs to exceed the cost of collection etc or its a pointless excercise-in theory. Then they may be just mean. In this case there is a bottom line, they are obliged to leave certain bare essentials in the dwelling, not sure what these consist of but likely to be, table and chairs, cooking and washing facilities, bed and bedding, light bulbs, you get my drift.

Just remember its about generating funds for the creditor, they look for value items, they cannot strip you bare

[pugsley]

I think this law must be incompatible to animal welfare laws, do the RSPCA know of these new possible powers?

 

My friend says that her husbands firm (bailiff's) take anything they want and do, I have obviously informed her that they are not allowed to take certain things, but that is the problem, they're are lots of dodgy bailiff's already and this new law will only make things much worse. Many bailiff's succeed where ignorance of consumers rights prevails and they need to more regulated.

[Guest Ruthie P]

Hang on.. have I missed something? Can they really take your dog? Seriously?!

[Gingerheid]

If the government gets their way they will be able to soon.

[The Watcher]

Hang on.. have I missed something? Can they really take your dog? Seriously?!

 

Yes they can ... there is a whole thread about the subject here - http://www.consumeractiongroup.co.uk/forum/bailiffs/74746-hypothetical-question-about-pets.html

[buster642]

Re furniture, well the value needs to exceed the cost of collection etc or its a pointless excercise-in theory.

 

Not being an expert, but I would say that the seizure rarely pays off any substantive amount of the debt, unless you have some very expensive luxury items. In fact, I can see situations where the debt actually increases due to the costs of levy.

 

In terms of being pointless, remember that seizure serves two other motives apart from the actual recovery of monies

 

1. The threat of seizure often causes debtors to capitulate.

 

2. It is seen as "punishing the debtor". Imagine having all your goods seized and then told that it has only paid off £20 due to all the charges and the sale at rock bottom prices.

 

Now neither of these should be valid motives but you can bet they are.

[Finalreminder]

I remember voting for Tony Blair in 1997 because he said he would curb baillifs powers.

Chalk this one up for more political bull**** to win poor voters.

[The Watcher]

I think this law must be incompatible to animal welfare laws, do the RSPCA know of these new possible powers?

 

Yes the RSPCA do know about these new powers - and oppose them absolutely.

 

Regarding animal welfare ... pets will probably be put into registered kennels etc (after all the charges will be sent to YOU !) - so in that way it's no different to storage of any other kind of goods (which you also pay for).

[demon_x_slash]

Harrassed&Hopefull says:

 

The deciding factor on what they seize is what it is worth or rather, the price it will realise sold in distress or auction. Should you have the proverbial moggie or mongrel there is no benefit there to a bailiff...

 

However, in this thread, The Watcher states:

 

On the recent BBC TV "Beat The Bailiff" programme there was a snippet where a bailiff eyed a basket of kittens in a kitchen.

He commented that he could take them (obviously emotional blackmail as they would not realise any cash) - but said he wouldn't (on this occasion?)

He also stated that although (in theory) the process is intended to realise assets that can be turned into cash - he often takes something of no real value, other than obvious sentimental value (as a kind of sadistic punishment?)

 

Therefore, I believe that buster642's assertion that

 

2. It is seen as "punishing the debtor". Imagine having all your goods seized and then told that it has only paid off £20 due to all the charges and the sale at rock bottom prices.

 

is the correct one, and the reason why the system itself is antiquated and repressive, and should be scrapped in favour of more up to date systems such as wage arrestment.

[Harrassed&Hopefull]

Hi DxS,

 

You do have a point, it is sooo repressive. I have the t shirt! What I found was they did'nt want a load of hastle, they wanted money or at second best stuff they could take that had cash value.

Ok if they take a dislike to a person they have too much power at their disposal and could take the mongrel, but where is the benefit, just more work for them.

 

Trouble is they can bend the rules, make it up to suite the situation, so if they want to frighten someone into handing over maybe their last reserve pot or the rent or johnny's dinner money, then they definately will.

It is so archaic, like the feudal days when the lord of the manor could put one in the stocks without a hearing.

Its just like the banks, preying on the poor, when your down they push you further, its the same attitude.

[Pliny the Penuriosus]

We probably need to put ourselves in the shoes of the bailiff briefly, hope it wont mar you for life, or change your aroma to that of a ... no disrespect to our pink four legged bacon donator friends!

The deciding factor on what they seize is what it is worth or rather, the price it will realise sold in distress or auction. Should you have the proverbial moggie or mongrel there is no benefit there to a bailiff, unless he's after a free pet, they would be choosey, they want to cover their costs and show a return for the creditor. BUT if one had a pedigree beastie of value, or a race horse, cobra or parrot--watch out!

Re furniture, well the value needs to exceed the cost of collection etc or its a pointless excercise-in theory. Then they may be just mean. In this case there is a bottom line, they are obliged to leave certain bare essentials in the dwelling, not sure what these consist of but likely to be, table and chairs, cooking and washing facilities, bed and bedding, light bulbs, you get my drift.

Just remember its about generating funds for the creditor, they look for value items, they cannot strip you bare

 

Sorry mate rubbish "They wont bother with the moggie cos it isn't worth anything". Of course they will. In fact it will probably be the 1st thing they'll go for because it is the family pet & the scummy bailiffs will use the threat of taking the family pet to force debtors into giving them every last penny they have & Knowing them they will continue to repeat the process time & time again.

 

Also don't kid yourself as they will able to force entry in your absence they will ransack peoples homes It's why the law to stop baillifs forcing entry was enacted hundreds of years ago

[The Watcher]

Sorry mate rubbish "They wont bother with the moggie cos it isn't worth anything". Of course they will. In fact it will probably be the 1st thing they'll go for because it is the family pet & the scummy bailiffs will use the threat of taking the family pet to force debtors into giving them every last penny they have & Knowing them they will continue to repeat the process time & time again.

 

Also don't kid yourself as they will able to force entry in your absence they will ransack peoples homes It's why the law to stop baillifs forcing entry was enacted hundreds of years ago

 

Not only force entry into your home - but they will have their power "on the highway" too!

 

So, when out walking your dog then can simply take it away from you *using force if necessary").

 

At the same time they will be able to "distrain on your cash" - virtually a lawful mugging - in the street !

[demon_x_slash]

Makes you want to spit...

[Harrassed&Hopefull]

Well guys what can we do to thwart this dastardly enactment from becoming legal. The scenario is horrifying--legal gangsters.

My old solicitor used to say there are more legal criminals than the ones in prison. This is a classic example.

[The Watcher]

1. Sign Peter's Downing Street petition (and encourage others to do so).

 

2. Make everyone "aware" of what is being proposed. The more publicity we get the better.

 

3. Encourage others - who have already suffered in silence as a result of bailiff actions - to speak out.

[silverfoxtrot]

Have just been reading all on this. My hubby has received notice in post to expect bailiffs any day as from yesterday. As its a warrant from Northampton courts the bailiffs have no right to forceably enter our home, (I checked this out doing an internet search into bailiffs' powers) at the moment, that is, until this ridiculously frighteningly badly thought- out new empowerment comes into force.

We have 2 little black rescue cats, and an elderly pedigree springer spaniel. Until today I never dreamt that they could be taken away by bailiffs. I'm horrified at the thought of it!

(My husband received a letter from Brighton & Hove Council telling him to pay a fixed penalty parking charge which was issued on july 4th 2005, as he was the registered keeper of the vehicle in question.

We'd never been to Brighton, therefore could never have illegally parked etc. and all this explained in appeal letter, which was disregarded. He received copies in b&w of photos from B&HC depicting a car similar to ours with the same reg as ours, a sideways on view of some parking notice but no clues as to what street it was in. Unfortunately, hubby chose to ignore all further correspondence, which is why he's been threatened with the bailiffs.) No, I'm not looking for sympathy! am not really pleased with hubby for putting us into this situ when he should've fought back instead of doing zilch!!

What puzzles me is the firm of phoenix commercial collections have stated in previous 2 letters that bailiffs have turned up, but because of failure to reply have increased the debt each time. Nothing ever left by anyone so no proof of anybody ever having called. Is this right?

[seanamarts]

sounds to me your car has been cloned.. and yes bailiffs pretend to have visited so they get more money even when they dont... ive just been told by a bailiff company that they have proof that they hand delivered a letter.. no letter has ever been hand delivered here, or I would of acted on it.. ask them for proof that they have been.. bet they cant produce any evidence.

[The Watcher]

Have just been reading all on this. My hubby has received notice in post to expect bailiffs any day as from yesterday. As its a warrant from Northampton courts the bailiffs have no right to forceably enter our home, (I checked this out doing an internet search into bailiffs' powers) at the moment, that is, until this ridiculously frighteningly badly thought- out new empowerment comes into force.

We have 2 little black rescue cats, and an elderly pedigree springer spaniel. Until today I never dreamt that they could be taken away by bailiffs. I'm horrified at the thought of it!

(My husband received a letter from Brighton & Hove Council telling him to pay a fixed penalty parking charge which was issued on july 4th 2005, as he was the registered keeper of the vehicle in question.

We'd never been to Brighton, therefore could never have illegally parked etc. and all this explained in appeal letter, which was disregarded. He received copies in b&w of photos from B&HC depicting a car similar to ours with the same reg as ours, a sideways on view of some parking notice but no clues as to what street it was in. Unfortunately, hubby chose to ignore all further correspondence, which is why he's been threatened with the bailiffs.) No, I'm not looking for sympathy! am not really pleased with hubby for putting us into this situ when he should've fought back instead of doing zilch!!

What puzzles me is the firm of phoenix commercial collections have stated in previous 2 letters that bailiffs have turned up, but because of failure to reply have increased the debt each time. Nothing ever left by anyone so no proof of anybody ever having called. Is this right?

 

It's quite "normal" for bailiffs to "invent" visits in order to claim extra fees. The last thing that a bailiff wants is to actually get the debt paid straight away - the longer he can keep this going the more he will try and "bump-up" his fees.

 

Regarding your parking problem - a similar thing happened to me many years ago. I was issued with a ticket for illegal parking in a town some 40 miles away that I did occasionally visit (and indeed used to park in that street !).

 

On the day that this ticket was allegedly issued, however, I had many witnesses that at the very time that I was supposed to be illegally parking I was actually holding a meeting with various family members, including a priest and a funeral director, to organise my father's funeral !

 

When presented with this evidence the Council dropped their claim immediately.

[silverfoxtrot]

O.k. but please, what is pe2/pe3 at tec ??!!?? and who does one send it/them to?