screw the bailiffs, called 999 police fail to act
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iamallthatiam
Posts: 4 Newbie
Hi everyone,
I have only just found this site , and was direct from screw the bailiff.
Shame i hadn't found that earlier
I had two bailiffs force entry into my house yesterday while i was at the doctors, via a locked back door. locked with key locks and has been double checked and filmed as such on a camcorder.
I arrived home to find these two guys in my house refusing to get out , i dialled 999 and reported a burglary claiming that the intruders were still on the premises and i needed help
the police eventually arrived and spoke to the bailiffs and claimed that the bailiffs have a legal right of entry as the door was left open , we told them then ho no it was not , and the bailiffs did know that from being advised on previous visits and that we can prove it as it was recorded. Police said we are lying and video footage will not be counted as substantial evidence in a court of law, so the fact that we filmed it was no proof
we explained that the council tax accounts for which they claimed to be able to levy distress , was in dispute and has been for a long time, they said they don't care we should have took it up with the council which we have repeatedly, via letters , notices and freedom of informations act request , but their response to our request for proof of claim against me was met only with a formal refusal to provide the information requested and answers to my questions
we gained estoppal by acquiescence in this matter , notifying them of such and had this notarized.
we wrote to the court and asked for the warrant to be withdrawn but had not response , even though it was signed for
we still to this day have not seen any ID from these bailiffs even though this was a fourth visit
first and second visits we did not receive notice about and procedures weren't followed , ie only 4 days between visits
we asked to see the liability order and warrant they said they would show them once the police arrived , on the polices arrival they refused, saying they did not have to, they were not obliged to give us a copy ( according to the policewoman), i was told it was a blanket liability order that covers the whole county
one bailiffs claimed to be a high court sheriff and said he doesn't need to have permission in order to force entry
they have seized goods from my son and daughter , including her treadmill ( present) they were informed it was my daughters and the police woman just said well she'll have to run on the road then and they have left her exercise bike she'll have to make to with that , the bailiff agreed saying we'll leave that it's rubbish
The exercise bike is mine, required for medical and therapeutic reasons as advised by my chiropracter and GP as I have thyroid , and lymphatic problems - as does my daughter
they did say they would leave my sons computer because it was obviously in the kids playroom set up for games and homework , but took it anyway and would not let us retrieve my daughter exam assignments off of it,which were due to be handed in today , that's a years work lost , exam was this morning
they even took my daughter trainers
and their swimming pool ladder
i was warned several times by a policeman who coincidently grabbed my wrists and told me if i moved i would be arrested
i demanded to know if they were going to take my requests seriously as to whether or not they were going to arrest these guys as i had asked for burglary , theft , trespass and breaking and entering , they laughed and said no
i demand that it be noted for the record , that all of my actions were under protest and duress they all refused , the bailiffs and the police
the have seized over £7000 for £2080 supposed debt that i have repeatedly informed then i am not liable for
i have made it very clear verbally and in writing that i do not consent to any transaction of a security interest with them , nor have i contracted with them in any way shape or form, they are third party interveners, i have irrevocably within drawn and revoke any and all forms of implied consent
they terminated my only avenue of sourcing payment , I had a friend that said she could lend me the money , but i could only correspond with her via email , or instant messenger as she does not have a mobile phone , whilst talking to arrange with her to make a payment into my account - they said they will only accept cash from my account right now , no credit or debit cards , has to be cash out of a machine , in mid message they pulled my internet access.
the have stolen my phone and answer phone fax / because they know there are recorded messages on there from the bailiffs and the council , we had informed them all messages were logged and recorded as pertaining to the administration of justice act and the protection from harassment act etc, they have left us with no means of communicating with anyone , not even the phone , bearing in mind i and my children are asthmatic and so can't even make 999 calls , although as we have seen that is no help. the en route the police phoned back for directions and he commented then that ti was an impressive recorded message we had there
my kids are petrified and severely traumatised, bearing in mind they now know that if i get arrested while they are at school the police will be picking them up in a police car and handing them over to social services
where do i go from here, when the very people that swear and oath to protect and serve the people will not uphold the law?
I have only just found this site , and was direct from screw the bailiff.
Shame i hadn't found that earlier
I had two bailiffs force entry into my house yesterday while i was at the doctors, via a locked back door. locked with key locks and has been double checked and filmed as such on a camcorder.
I arrived home to find these two guys in my house refusing to get out , i dialled 999 and reported a burglary claiming that the intruders were still on the premises and i needed help
the police eventually arrived and spoke to the bailiffs and claimed that the bailiffs have a legal right of entry as the door was left open , we told them then ho no it was not , and the bailiffs did know that from being advised on previous visits and that we can prove it as it was recorded. Police said we are lying and video footage will not be counted as substantial evidence in a court of law, so the fact that we filmed it was no proof
we explained that the council tax accounts for which they claimed to be able to levy distress , was in dispute and has been for a long time, they said they don't care we should have took it up with the council which we have repeatedly, via letters , notices and freedom of informations act request , but their response to our request for proof of claim against me was met only with a formal refusal to provide the information requested and answers to my questions
we gained estoppal by acquiescence in this matter , notifying them of such and had this notarized.
we wrote to the court and asked for the warrant to be withdrawn but had not response , even though it was signed for
we still to this day have not seen any ID from these bailiffs even though this was a fourth visit
first and second visits we did not receive notice about and procedures weren't followed , ie only 4 days between visits
we asked to see the liability order and warrant they said they would show them once the police arrived , on the polices arrival they refused, saying they did not have to, they were not obliged to give us a copy ( according to the policewoman), i was told it was a blanket liability order that covers the whole county
one bailiffs claimed to be a high court sheriff and said he doesn't need to have permission in order to force entry
they have seized goods from my son and daughter , including her treadmill ( present) they were informed it was my daughters and the police woman just said well she'll have to run on the road then and they have left her exercise bike she'll have to make to with that , the bailiff agreed saying we'll leave that it's rubbish
The exercise bike is mine, required for medical and therapeutic reasons as advised by my chiropracter and GP as I have thyroid , and lymphatic problems - as does my daughter
they did say they would leave my sons computer because it was obviously in the kids playroom set up for games and homework , but took it anyway and would not let us retrieve my daughter exam assignments off of it,which were due to be handed in today , that's a years work lost , exam was this morning
they even took my daughter trainers
and their swimming pool ladder
i was warned several times by a policeman who coincidently grabbed my wrists and told me if i moved i would be arrested
i demanded to know if they were going to take my requests seriously as to whether or not they were going to arrest these guys as i had asked for burglary , theft , trespass and breaking and entering , they laughed and said no
i demand that it be noted for the record , that all of my actions were under protest and duress they all refused , the bailiffs and the police
the have seized over £7000 for £2080 supposed debt that i have repeatedly informed then i am not liable for
i have made it very clear verbally and in writing that i do not consent to any transaction of a security interest with them , nor have i contracted with them in any way shape or form, they are third party interveners, i have irrevocably within drawn and revoke any and all forms of implied consent
they terminated my only avenue of sourcing payment , I had a friend that said she could lend me the money , but i could only correspond with her via email , or instant messenger as she does not have a mobile phone , whilst talking to arrange with her to make a payment into my account - they said they will only accept cash from my account right now , no credit or debit cards , has to be cash out of a machine , in mid message they pulled my internet access.
the have stolen my phone and answer phone fax / because they know there are recorded messages on there from the bailiffs and the council , we had informed them all messages were logged and recorded as pertaining to the administration of justice act and the protection from harassment act etc, they have left us with no means of communicating with anyone , not even the phone , bearing in mind i and my children are asthmatic and so can't even make 999 calls , although as we have seen that is no help. the en route the police phoned back for directions and he commented then that ti was an impressive recorded message we had there
my kids are petrified and severely traumatised, bearing in mind they now know that if i get arrested while they are at school the police will be picking them up in a police car and handing them over to social services
where do i go from here, when the very people that swear and oath to protect and serve the people will not uphold the law?
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Comments
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This must have gone to court at some time before balliffs were sent in. Did you attend and have you got the judgement. Seems to be a bit more going on here than is being presented.0
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This must have gone to court at some time before balliffs were sent in. Did you attend and have you got the judgement. Seems to be a bit more going on here than is being presented.
no we did not go to court because we did not receive the courts summons , the original liabilty order was supposedly for the flat above the shop which has stood empty since we bought the place, so the order was made in our absence so we had no chance to defend it, that is the reason n we have tried to get the warrant withdrawn and back into court, but we have had no response from the court0 -
Are you saying that the claim is on a different property from which the baliffs have taken goods?0
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Hold on, this is for council tax and the bailiffs hadn't been in before?
contact herbie21, a member here. Her website bailiffadviceonline.co.uk should prove valuable.
Also contact the police and ask to make a complaint about the first officer who attended and secondly to report a trespass and a burglary.
The ONLY role of the police in bailiff calls is to prevent a breach of the peace (by EITHER side). They're not there "for" the bailiffs or "for" you. Sadly, some police are ignorant of the law and issues surrounding bailiffs powers in general and their role when called to such a thing. Their ignorance is not an excuse for their contribution to your problem however, and has certainly cost you here so I suggest a formal complaint about their behaviour.
It sounds to me very much like the police were incorrect not to throw them out for trespassing as bailiffs don't have the right to force entry for a council tax LO from a cold start, regardless of whether one of them is a high court sheriff, the sheriff of nottingham himself or the artist formally known as prince.
Without the proper paperwork, the bailiffs have absolutely no right to break in for a council tax debt. This isn't even a subject for discussion, it's a stone cold fact. That invalidates everything else they did and makes them trespassers and thieves.
Please let us know how you got on. You've been treated shockingly badly here even by "normal" standards of bailiff problems.If you don't stand for something, you'll fall for anything0 -
Thank you all so much for responding.
right we have since found out that there were supposedly three warrants - seen no evidence of this - one watch for the shop, the flat and for the house.
These were all supposedly covered under this blanket order although items were only stolen from my house NOT the shop or flat
they have charged me three separate lots of fees to cover all three orders ie 3 x first visits fees , even though they one made the one first visit, 3 x 2nd visit fees, enough the only attended on one 2nd visist, and 3 x levy fees
they have never gained entry before so they were unable to levy distress and have not made a walking possession order
i did ask to see a walking ossession order, i got told not to be stupid this was not a walking possession order they were just seizing the goods and i was about to get a hard lesson in authority
everythign they took , one baliffs wrote on an white inventory sheet whilst hiding in the back of the van
upon compltetion the other bailiffs transferred the info from the white sheet to a set of yellow self carbonating sheets entitled notice of seizure and inventory , this is dated the 16.6.09 whilst the white sheets were to remain undated
Now my concern is are they going to try to use these white sheets to try and claim that a) they have levied distress on a previous date and b) i have agreed to a walking possession order?
Are they allowed to seize these goods without first levying distress?0 -
Yes they can seize without a levy on a seperate date. It's perfectly acceptable for a bailiff to turn up with the intention of levying distress and enforce the debt there and then if they believe the debtor will not co-operate.
Walking Posession Orders are irrelevant here in this case, other than noting that one previously has not been signed.
Right. At lease some of those fees are illegal. You haven't agreed to a walking posession order if you haven't signed it.
Please contact Herbie, via her website if needs be, and ask for her help. I'm happy to do what I can to advise you here but she's much more up to date on laws and procedures than I am. I would also seriously consider complaining to your local councillor about the behaviour of the bailiffs and also contact the police as I previously suggested.
Please don't give up on this - If only half of what you describe happened as you described it (I'm not saying you're lying, just that sometimes people forget to mention something important) you've still been stitched up big time by a bailiff who has broken several laws. This is disgraceful and they really need to be slapped down for doing it.If you don't stand for something, you'll fall for anything0 -
RobertoMoir wrote: »Yes they can seize without a levy on a seperate date. It's perfectly acceptable for a bailiff to turn up with the intention of levying distress and enforce the debt there and then if they believe the debtor will not co-operate.
Walking Posession Orders are irrelevant here in this case, other than noting that one previously has not been signed.
Right. At lease some of those fees are illegal. You haven't agreed to a walking posession order if you haven't signed it.
Please contact Herbie, via her website if needs be, and ask for her help. I'm happy to do what I can to advise you here but she's much more up to date on laws and procedures than I am. I would also seriously consider complaining to your local councillor about the behaviour of the bailiffs and also contact the police as I previously suggested.
Please don't give up on this - If only half of what you describe happened as you described it (I'm not saying you're lying, just that sometimes people forget to mention something important) you've still been stitched up big time by a bailiff who has broken several laws. This is disgraceful and they really need to be slapped down for doing it.
....... further to Roberto's post, the Police as well need to be brought into touch for allowing this to happen in this way. Dont forgot a complaint into them as well.
If all is as you say then the purpose of the Police being on the site is to BOP (breach of Peace) as previously mentioned. Professionallism on their part by being impartial whilst empathy to be shown.
You will need to complain directly into your main Police station though. This is best done in person and not on phone. You will need to request to see the Duty Inspector to make your complaint. Be prepared however you may have to wait, he is a very busy person.
TIP :- Remember to remain calm throughout and no matter how tempting to raise your voice or swear, DONT !! as you will be seen as being oppressive and hostile and considered this is how you acted at the time. Remain calm and explain the situation chronologically (as you have done already) being specific to the matters that involved the Police ie lack of professionalism, neglect of duty (ie siding with the bailiff)
Sorry to hear that so much as happened to you and I wish you Good luck with your situation.If you see a penny, pick it up, all day long you'll have good luck !!!!!!
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just as a point of refernce i am noting here that hubby has just taken a photo of my arms as fingertip shaped bruising has now come out on both from where the policeman grabbed me , that was resonably force was it ?0
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I don't think anyone here said that would be reasonable force? (though they could claim it is based on what they said you were doing at the time: as a hypothetical example if you attacked someone with a golf club and they restrained you by grabbing your arms, that would almost certainly be considered reasonable force regardless of any bruises they left).
How are you getting on with the complaints that barloo and I suggested you make?If you don't stand for something, you'll fall for anything0
This discussion has been closed.
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