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Bailiffs bullying

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  • Xbigman
    Xbigman Posts: 3,915 Forumite
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    You're talking about ordinary bailiffs. High court bailiffs with a high court warrant seeking a business debt at the registered address of the business have a lot more powers. The OP should be dealing directly with the bailiffs themselves and not relying on someone else doing it. If they come back and seize goods the onus is suddenly on the OP to prove who owns what. Not a pleasant experience.

    There are other points to consider. Has the OP paid business rates or told their insurer or mortgage company there is a business registered there?
    OK the business isn't really there, then has the business owner considered the issues caused by giving companies house a false address?
    This sort of set up can cause untold issues.



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  • akkers
    akkers Posts: 281 Forumite
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    btw when do business rates come into effect?


    If a business is merely registered at an address for postal purposes become liable for business rates?
  • MEM62
    MEM62 Posts: 5,312 Forumite
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    edited 30 November 2018 at 12:51PM
    akkers wrote: »
    If there are civil actions available, they must be for after the action. So as an innocent person you lose your property to these hooligans you have to jump through hoops to get your stuff back.


    Surely the law must porotect the innocent. How can these bailiffs take away stuff that they have no proof of ownership. Its just assumed that the stuff at the address therefore it must belong to the debtor. In effect they are stealing private property and the onus rests on the innocent owner to get it back. What a law!

    Your beef isn't with the bailiffs - it is with you relative that registered a company at your address and then didn't pay their debts. I am sure that the bailiffs would argue that they thought this was a company premises, in which case they are able to force entry. (Business debts are dealt with differently)

    You should have taken this up with your relative when paperwork for their company started arriving at your address, which would have been from time it was registered. Why did you not question this?
  • akkers
    akkers Posts: 281 Forumite
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    It seems that collateral damage (bullying of 3rd parties - friends/relatives) is used as a legitimate means of leverage to force the debtor to settle.


    This means that the civil and human rights of these 3rd parties are violated by these bailiffs on a regular basis. In most cases these 3rd parties will be innocent and will have nothing to do with the debt or have knowledge of it.


    In law a person is innocent until proven guilty but in these cases a person is guilty until he can prove his innocence. So if a person has his/her property taken away without question he/she will have to go through the messy process of proving ownership.



    I think this is licensed gangsterism and I intend to raise this with my MP (I would have raised in EU as well but I guess that option is now gone).
  • MEM62
    MEM62 Posts: 5,312 Forumite
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    akkers wrote: »
    It seems that collateral damage (bullying of 3rd parties - friends/relatives) is used as a legitimate means of leverage to force the debtor to settle.


    This means that the civil and human rights of these 3rd parties are violated by these bailiffs on a regular basis. In most cases these 3rd parties will be innocent and will have nothing to do with the debt or have knowledge of it.


    In law a person is innocent until proven guilty but in these cases a person is guilty until he can prove his innocence. So if a person has his/her property taken away without question he/she will have to go through the messy process of proving ownership.



    I think this is licensed gangsterism and I intend to raise this with my MP (I would have raised in EU as well but I guess that option is now gone).

    Are you also planning on giving you relative a hard time or are you just taking your frustration out of the bailiffs?
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    akkers wrote: »
    It seems that collateral damage (bullying of 3rd parties - friends/relatives) is used as a legitimate means of leverage to force the debtor to settle.


    This means that the civil and human rights of these 3rd parties are violated by these bailiffs on a regular basis. In most cases these 3rd parties will be innocent and will have nothing to do with the debt or have knowledge of it.


    In law a person is innocent until proven guilty but in these cases a person is guilty until he can prove his innocence. So if a person has his/her property taken away without question he/she will have to go through the messy process of proving ownership.



    I think this is licensed gangsterism and I intend to raise this with my MP (I would have raised in EU as well but I guess that option is now gone).



    No-one is making you 'guilty' of anything. Your understanding of the law is woeful.
  • You aren't the "third party" you allowed a relative to set up your address as a business address. Your address is on the writ that they have which gives them permission to break in.

    Your relative is the problem not the law, the law needs to be this way or the whole system off lending would collapse.
  • chucknorris
    chucknorris Posts: 10,793 Forumite
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    akkers wrote: »

    I think this is licensed gangsterism and I intend to raise this with my MP (I would have raised in EU as well but I guess that option is now gone).

    That's a bit like saying that the Gov is running a protection racket, by demanding protection money (tax) otherwise they will impose consequences.
    Chuck Norris can kill two stones with one birdThe only time Chuck Norris was wrong was when he thought he had made a mistakeChuck Norris puts the "laughter" in "manslaughter".I've started running again, after several injuries had forced me to stop
  • Gaz83
    Gaz83 Posts: 4,047 Forumite
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    akkers wrote: »
    I am sure he will sort this out.


    But I am amazed how someone can force their way in and take your stuff away when you have nothing to do with the debtor.
    You do have something to do with the debtor, though. His / her company is registered at your house.

    Did you give him / her permission to do this?
    "Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
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    OP we only have your version of events, in any case you really need to speak to your family and get them to sort this.


    Maybe you need to watch " Can't Pay? We'll Take it Away!" on 5. They don't just take what they see, they need to see proof the goods are yours.
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