Blue Moon evidently it was for an unpaid fine but not ours as I said their so called warrant was addressed wrongly.
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Blue Moon evidently it was for an unpaid fine but not ours as I said their so called warrant was addressed wrongly.
The frightening thing was they looked like a bloody SWAT team.
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
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.
The Cops told me that the baillifs rang their Office then learned that the Office printed 16 instead of 18.
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
Well done mad as a fish in protecting your family
Feck um nothing will come of it.
I would have done exactly the same.
Worth going to the press? An elderly couple terrorised by two thugs forcing their way into the property. Doesn’t 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,
The Police told us they were not interested in taking it any further regarding my wife and I.
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.
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.
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"
Have a read here too.
https://www.gov.uk/your-rights-bailiffs
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.
Didn’t happen. One minute he can’t walk, next he’s taking a bat to someone?!?!?
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.
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.