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Thread: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

  1. #31

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Don't know if this can help you. https://www.resolver.co.uk/consumer-...try-complaints
    They can't just walk in. I think the its called statutory right of entry. Them touching your wife is definitely a no no. That's assault.
    Hope you get it resolved.

  2. #32

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by Mad as a fish View Post
    Sorry to put this on you guys but would be grateful for advice as the wife(Who has Alzeimers) age78 and myself (71) still b bedbound after having serious Heart trouble a few Months ago, sorry but just need to chat to someone. I was in bed about 10 ish this morning when I heard my Mrs scream and clambered out of bed with my stick and found my Mrs crying her eyes out with two Civil Enforcement Officers as they call themselves trying to get upstairs and she was trying to stop them, They informed her they were here to arrest me, I informed them we were both disabled and elderly and there must have been some mistake, They informed me that they had no intention of leaving the house until We had proved who we were, They mentioned they were after someone at this address and had no intention of leaving I kept telling them to get out in no uncertain terms and they threatened to arrest me. I started trying to push them out as my wife was now screaming and they were 2 thugs they said they had no intention of leaving so I introduced to my baseball bat and took a swing at the fella that was pushing my wife i didnt manage to connect because as soon as he saw the bat they retreated out of the front door which we slammed and locked . A short while later 2 plod arrived and one stayed in the garden with the baillifs and a young PCSO came in to see to my wife, said I was out of order for attempting to use force to encourage them to leave and also said they could arrest me. Cutting a long story short they had the wrong address but the Police said as it was our address on the Warrant they had every right to force their way in and they wanted me arrested for assault. It transpired that it was next door they should have been not our house.
    Call the echo, they love stuff like this. So out of order itís unbelievable

  3. #33

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by bluemoon View Post
    oh shit just read everything over agian.. damn, theres me grabbing my bat and jumping in without knowing the whole 9... wow ok

    different gravy... wow even the police said they had right to access your home as the address was right lol what about the name ?

    and im wondering... has the neighbour been a little sly in using your address to take the scent off them ?

    whats going on here lol
    The neighbour said that the fella they were after used to live with them, next door to me but moved 2 years ago.

  4. #34

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    The Cops told me that the baillifs rang their Office then learned that the Office printed 16 instead of 18.

  5. #35

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    As you say they were pushing your wife you were just trying to to protect her i would go to the police station and log a complint against them and at the police for taking the bailiffs version without getting yours. They were out order trying to push your wife out of the way to get uptairs. By the way how did they get in did they break in or did your wife open the door and they tried to push her out of the way. Tomorrow make the complaints

  6. #36

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by Mad as a fish View Post
    The neighbour said that the fella they were after used to live with them, next door to me but moved 2 years ago.
    So they turn up 2 years late to the wrong house without a clue how old the person is they are looking for? Barge in last an old disabled lady? You could be in for a payday

  7. #37

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Well done mad as a fish in protecting your family
    Feck um nothing will come of it.
    I would have done exactly the same.

  8. #38

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Worth going to the press? An elderly couple terrorised by two thugs forcing their way into the property. Doesnít sound too good.
    As for the Police I would be astonished if they wanted to take this any further against you.
    You were right to stand your ground and could clearly argue you felt very threatened and acted in self defence,

  9. #39

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    The Police told us they were not interested in taking it any further regarding my wife and I.

  10. #40

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by Mad as a fish View Post
    The Police told us they were not interested in taking it any further regarding my wife and I.
    That is disgusting what a load of tossers

  11. #41

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by Mad as a fish View Post
    The Police told us they were not interested in taking it any further regarding my wife and I.
    Good. I think you should approach the bailiffs by phone and threaten going to the press and see what they have to say. You can’t just barge into somebody’s home and behave like this.

  12. #42

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Do you have record of who they were and who they were collecting on behalf of or can you get that information from the police who attended the property?

    Making a formal complaint about the bailiff is not beyond remit of Citizens Advice.

  13. #43

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Hi mate,

    If you really want to pursue this you will need professional legal help, as you are both disabled maybe try and apply for legal aid via a local reputable law firm.

    It is important to make it clear that you took defensive actions as you were 'in fear of your life' a swell as the safety of your wife.

    I would also call the echo as suggested above get a reporter out to your house and tell them the full story, if you can get the press on your side it will put a nice bit of pressure on the police at act.


    p.s - you have no need to apologize or feel guilty about taking a swing, those people entering your house without you have any context or previous knowledge of enforcement, would be terrifying and your response was natural and correct.

  14. #44

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Found this online=hope it helps

    The bailiff says there is an arrest warrant out for you.



    If you have already been arrested for obstructing a bailiff or cutting off an illegal wheel clamp. Go here.

    If you are being pestered about a debt not owed by you or your household, then report the offence to police on 101 under section 1(1) of the Protection from Harassment Act 1997.

    It is the practice of bailiff companies, especially Marston Holdings, to say you will be "arrested" for not paying your court fine.

    The terminology "arrest warrant" is used because it is police-like, designed to mislead you that you will be placed under arrest.

    A bailiff company does not have a power to make arrests, let alone imprison transport or restrain prisoners. That is only carried by a police officer of the rank of Constable and higher. Not even a PCSO has a power of arrest.

    If a bailiff approaches you saying he has an arrest warrant. He cannot "arrest" you. He will ask you to sign a document under section 117 of the Magistrates Courts Act 1980, which is only a warrant to endorse bail.

    A bailiff might go as far as describing himself an "officer", when he is merely an enforcement agent.



    You MUST NOT SIGN anything

    NEVER "confirm" your name

    NEVER give your current address

    Record everything on video using your mobile

    Ask them to quietly leave



    The Marston "No Bail Arrest Warrant" is a gag to identify you and find your whereabouts as well as capture your mobile phone number.



    You are only required to give your name and address to a police officer who is ON DUTY, wearing the correct UNIFORM, or shows his warrant card.

    Otherwise, walk away.



    If HM Court Service wanted to bring you before the magistrates court to explain why you have not paid your fine, they issue a (genuine) arrest warrant to the police under section 83 of the Magistrates' Courts Act 1980.

    Paragraph 20 of the Taking Control of Goods: National Standards 2014: Bailiffs cannot falsely imply that action can or will be taken when legally it cannot be taken by that agent.

    Section 40(1)(d) of the Administration of Justice Act 1970 says a person who utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Commits an offence.

    Capture the bailiff on video and it can be given in evidence.







    Example: "arrest warrant"





    The bailiff says there is an arrest warrant out for you.



    If you have already been arrested for obstructing a bailiff or cutting off an illegal wheel clamp. Go here.

    If you are being pestered about a debt not owed by you or your household, then report the offence to police on 101 under section 1(1) of the Protection from Harassment Act 1997.

    It is the practice of bailiff companies, especially Marston Holdings, to say you will be "arrested" for not paying your court fine.

    The terminology "arrest warrant" is used because it is police-like, designed to mislead you that you will be placed under arrest.

    A bailiff company does not have a power to make arrests, let alone imprison transport or restrain prisoners. That is only carried by a police officer of the rank of Constable and higher. Not even a PCSO has a power of arrest.

    If a bailiff approaches you saying he has an arrest warrant. He cannot "arrest" you. He will ask you to sign a document under section 117 of the Magistrates Courts Act 1980, which is only a warrant to endorse bail.

    A bailiff might go as far as describing himself an "officer", when he is merely an enforcement agent.



    You MUST NOT SIGN anything

    NEVER "confirm" your name

    NEVER give your current address

    Record everything on video using your mobile

    Ask them to quietly leave



    The Marston "No Bail Arrest Warrant" is a gag to identify you and find your whereabouts as well as capture your mobile phone number.



    You are only required to give your name and address to a police officer who is ON DUTY, wearing the correct UNIFORM, or shows his warrant card.

    Otherwise, walk away.



    If HM Court Service wanted to bring you before the magistrates court to explain why you have not paid your fine, they issue a (genuine) arrest warrant to the police under section 83 of the Magistrates' Courts Act 1980.

    Paragraph 20 of the Taking Control of Goods: National Standards 2014: Bailiffs cannot falsely imply that action can or will be taken when legally it cannot be taken by that agent.

    Section 40(1)(d) of the Administration of Justice Act 1970 says a person who utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Commits an offence.

    Capture the bailiff on video and it can be given in evidence.







    Example: "arrest warrant"

  15. #45

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.


  16. #46

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Were they actually bailiffs? or court-appointed sheriffs?
    A sheriff does have power of entry through an open door or window - not sure if that means wide open, or " shut, but unlocked".
    (I've seen "the sheriffs are coming" on TV lol

    but they certainly cannot lay a fingure on you or your wife.

  17. #47

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Didnít happen. One minute he canít walk, next heís taking a bat to someone?!?!?

  18. #48

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by J R Hartley View Post
    Didn’t happen. One minute he can’t walk, next he’s taking a bat to someone?!?!?
    Just why

  19. #49

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Even with a High Court warrant bailiffs can only enter premises if they were specifically invited in. Are you sure your wife didn't answer the door and let them enter? If not you may have an action against them for breaking and entering and your aggression with the bat was simply intended to protect your wife and property from intruders. Personally I don't think there is anything to worry about here. It was their mistake and how were you to know the bailiffs were who they said they were. If they want to take this further threaten them with a counter suit. Remember, had it not been for their mistake, this would never have happened.

    I would try and forget out it but if you hear anything else seek legal advice which is normally free for a first consultation.

  20. #50

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Your first sentence is incorrect. With a Writ of Control High Court sheriffs can force entry to private properties. It usually occurs when a landlord wants to shift tenants.

  21. #51

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by bobh View Post
    Were they actually bailiffs? or court-appointed sheriffs?
    A sheriff does have power of entry through an open door or window - not sure if that means wide open, or " shut, but unlocked".
    (I've seen "the sheriffs are coming" on TV lol

    but they certainly cannot lay a fingure on you or your wife.
    Even if the address was wrong Bob?

  22. #52

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Who said I cant walk?

  23. #53

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by J R Hartley View Post
    Didn’t happen. One minute he can’t walk, next he’s taking a bat to someone?!?!?
    Hey arsehole come and tell my wife it didnt happen she is a crying ,sobbing wreck today.
    Do you get off on trying to hurt people mate?

  24. #54

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by Mad as a fish View Post
    Even if the address was wrong Bob?
    They didn't know about the cock-up until after the incident

  25. #55

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by jeepster View Post
    That is disgusting what a load of tossers
    You think the police are tossers for not taking action against bluemoon and his wife? Wow!

  26. #56

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by bobh View Post
    They didn't know about the cock-up until after the incident
    Thats correct Bob, but surely that doesnt make everything ok surely.

  27. #57

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by sneggyblubird View Post
    Found this online=hope it helps

    The bailiff says there is an arrest warrant out for you.



    If you have already been arrested for obstructing a bailiff or cutting off an illegal wheel clamp. Go here.

    If you are being pestered about a debt not owed by you or your household, then report the offence to police on 101 under section 1(1) of the Protection from Harassment Act 1997.

    It is the practice of bailiff companies, especially Marston Holdings, to say you will be "arrested" for not paying your court fine.

    The terminology "arrest warrant" is used because it is police-like, designed to mislead you that you will be placed under arrest.

    A bailiff company does not have a power to make arrests, let alone imprison transport or restrain prisoners. That is only carried by a police officer of the rank of Constable and higher. Not even a PCSO has a power of arrest.

    If a bailiff approaches you saying he has an arrest warrant. He cannot "arrest" you. He will ask you to sign a document under section 117 of the Magistrates Courts Act 1980, which is only a warrant to endorse bail.

    A bailiff might go as far as describing himself an "officer", when he is merely an enforcement agent.



    You MUST NOT SIGN anything

    NEVER "confirm" your name

    NEVER give your current address

    Record everything on video using your mobile

    Ask them to quietly leave



    The Marston "No Bail Arrest Warrant" is a gag to identify you and find your whereabouts as well as capture your mobile phone number.



    You are only required to give your name and address to a police officer who is ON DUTY, wearing the correct UNIFORM, or shows his warrant card.

    Otherwise, walk away.



    If HM Court Service wanted to bring you before the magistrates court to explain why you have not paid your fine, they issue a (genuine) arrest warrant to the police under section 83 of the Magistrates' Courts Act 1980.

    Paragraph 20 of the Taking Control of Goods: National Standards 2014: Bailiffs cannot falsely imply that action can or will be taken when legally it cannot be taken by that agent.

    Section 40(1)(d) of the Administration of Justice Act 1970 says a person who utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Commits an offence.

    Capture the bailiff on video and it can be given in evidence.







    Example: "arrest warrant"





    The bailiff says there is an arrest warrant out for you.



    If you have already been arrested for obstructing a bailiff or cutting off an illegal wheel clamp. Go here.

    If you are being pestered about a debt not owed by you or your household, then report the offence to police on 101 under section 1(1) of the Protection from Harassment Act 1997.

    It is the practice of bailiff companies, especially Marston Holdings, to say you will be "arrested" for not paying your court fine.

    The terminology "arrest warrant" is used because it is police-like, designed to mislead you that you will be placed under arrest.

    A bailiff company does not have a power to make arrests, let alone imprison transport or restrain prisoners. That is only carried by a police officer of the rank of Constable and higher. Not even a PCSO has a power of arrest.

    If a bailiff approaches you saying he has an arrest warrant. He cannot "arrest" you. He will ask you to sign a document under section 117 of the Magistrates Courts Act 1980, which is only a warrant to endorse bail.

    A bailiff might go as far as describing himself an "officer", when he is merely an enforcement agent.



    You MUST NOT SIGN anything

    NEVER "confirm" your name

    NEVER give your current address

    Record everything on video using your mobile

    Ask them to quietly leave



    The Marston "No Bail Arrest Warrant" is a gag to identify you and find your whereabouts as well as capture your mobile phone number.



    You are only required to give your name and address to a police officer who is ON DUTY, wearing the correct UNIFORM, or shows his warrant card.

    Otherwise, walk away.



    If HM Court Service wanted to bring you before the magistrates court to explain why you have not paid your fine, they issue a (genuine) arrest warrant to the police under section 83 of the Magistrates' Courts Act 1980.

    Paragraph 20 of the Taking Control of Goods: National Standards 2014: Bailiffs cannot falsely imply that action can or will be taken when legally it cannot be taken by that agent.

    Section 40(1)(d) of the Administration of Justice Act 1970 says a person who utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not. Commits an offence.

    Capture the bailiff on video and it can be given in evidence.







    Example: "arrest warrant"

  28. #58
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    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Bailiffs cannot force entry, they can only enter if the usual method of entry is available

  29. #59
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    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by Pearcey3 View Post
    Worth going to the press? An elderly couple terrorised by two thugs forcing their way into the property. Doesnít sound too good.
    As for the Police I would be astonished if they wanted to take this any further against you.
    You were right to stand your ground and could clearly argue you felt very threatened and acted in self defence,
    Good luck to the police in convincing a jury the OP wasnt acting reasonably.

  30. #60

    Re: OFF TOPIC ::::: Found Baillifs in my house this morning. still shaking now.

    Quote Originally Posted by TISS View Post
    Bailiffs cannot force entry, they can only enter if the usual method of entry is available
    Ordinary everyday bailiffs are different to High Court enforcement officers, aka sheriffs, because the latter armed with a Writ of Control or Writ of Possession can and do get locksmiths to access properties when they can't gain peaceful entry. We don't know who visited the OP's premise because the thread's title mentions bailiffs but in at least one message he described them as enforcement officers.

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