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do bailiffs need educating more


tara_dad

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phone call to bailiffs to educate them:

 

I have been following closely this story now and I would like you all to listen to this call as to what you all think and is she right in what she saying she is but I would like your thoughts on the matter and would you stand up for your rites and would you follow her and take back the power

 

( took some off here as now below which was from u tube story )

 

 

 

 

and to see how  power is given  by peaceful means take a look at

 

http://youtu.be/u8g_tNimjEo

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follow up report on the 2nd video

 

In relation to the Bird family’s struggle. The video was back in May 2012, and due to the major embarrassment we caused the court, they came back for a 2nd eviction some time later, which again we attended. Unfortunately, this time they brought the heavies; High Court Enforcement Officers, who are unabashed fascists. The Police were ordered to stand down, and Sgt Mo, had been ordered not to attend. The bailiffs used excessive violence to secure entry. But however, due to the video evidence, we have the grounds to prosecute and sue them for their tyrannical actions. The Bird family’s struggle against the bank continues, as we prepare for the next round of action against the bank. The only time you truly lose your home is when you GIVE UP.

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The follow up seems to be from February last year (2013) TD so what has happened since then?

 

To be honest after watching the third long video link you posted (first two wouldn't work as they said 'Oops video not available, sorry') the bailiffs certainly didn't USE any violence although the manner in which they spoke to the chap with the clipboard was rather OTT and not very bright of them considering they clearly knew they were being filmed. 

As for them trespassing ... well maybe.... but in reality they just walked through an open gate and near the end stepped over a low fence so that is not gaining entry by FORCE either like the video tried to make out.

 

It was clear from watching it that they WOULD be back anyway as the issue seemed to be over uncertainty of signed/unsigned documentation which the courts could easily rectify allowing them back to carry out eviction/repossession/seizing of goods etc.

 

I genuinely feel sorry for anyone who looses their home or thinks they might as it must be awful..... but for the people who are running this campaign thing to say 'The only time you truly lose your home is when you GIVE UP'  is sort of nonsense as until a mortgage is paid off then the bank/lender can in the end reposess if all other routes such as a prepayment plan to pay off any arrears within a reasonable period have failed.  Just like if you have loans secured on home too which you default on then the lender can file a CCJ against you and also put a Charging Order on your home which is filed with Land Registry should you ever try to sell without paying off your debt.

 

Anyway before I go on and on..... at the end of the day if whoever pays the bills is not paying sooner or later action will be taken against them and if it wasn't or it was as simple as these people are trying to make out then we'd all be jumping on the bandwagon and driving round in £100k cars and living in mansions without a care in the world if we couldn't pay the money back after all.

 

Not being heartless, just saying like.

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I wouldn’t do that job for all the tea in China but given how easily things can spiral out of control, there needs to be a certain type of person for the job and it’s not likely to be the local vicar. I suppose it’s much the same with door staff where they don’t employ wimps and even though some of these people may look like thugs, you can bet they need to complete training courses before they do the job.

 

Also, don’t loose sight of the fact that bailiffs and high court sheriffs are only used as an absolute last resort when the defendant has gone through the legal process and not been able to come to any satisfactory result.

 

Bill :)

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The video is useful for us in that it is prima facie evidence that force cannot be used during an eviction if it is objected to by the people on the land, as proved by the Police.

 

Yes but people are facing an eviction based upon deception, threats intimidation, and ultimately by way of crime, because if a man or woman peacefully objects to being evicted then the bankers must use unlawful force and commit a crime if they are to take possession. Something the have been getting away with for centuries...

 

yes dizzy the case is still on going you know how long the courts take on this a lot longer than granting an evicted as banks are not paying judges

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did you all know that now you can ring any bailiff company and tell them that you are giving them notes that you are Removing Bailiffs ie there Right of Implied Access on this date and if they come again you can ring the police as it is now trespass and this is the law

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Putting everything in trusts seems an awful lot of trouble just to get out of paying a parking ticket or a council tax debt.

 

Anyway.... I thought the issue with the Bird family/group was over eviction for not paying a mortgage (or secured loan??) not counil tax or parking tickets.

 

I'm getting confused now.

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I've just recently employed high court enforcement officers (bailiffs) to chase after a dodgy mobile phone supplier.

 

I've never in all my life had to resort to this sort thing so I've nothing to compare with but it all seemed to be very professional to me.

 

I got my fifteen grand back and he got to keep his flash BMW with custom plates.

 

It's a load of hassle to have to do this and I just hope the guy's learnt his lesson.

 

Bill :)

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dizzy its do bailiffs need educating more..not the bird family this was used to show for one as you can see they clearly are braking the law I am not saying the det should not be payed.

its the braking of the law they use to get it and how they ask you to brake the law paying it this way. not all court papers are law if they where it would be the police coming for it not Bailiffs. and if it was law judges would sign the papers like they do if you brake the law.

as bill as said above he had to employed high court enforcement officers not to act as law but for bill to get his fifteen grand back which I am sure bill you have had to pay money out to get it back. so the enforcement officers and the paper work was so bill could employed them in all this no one broke the law and bill could tell you it could have gone the other way ie Bankrupt or could not pay. I am not saying people should not pay they should but not strong armed tactics. Pensioners are having to pay out there pensions to clear debt and even lose there home to the bank as there pensions don’t cover the mortgages or fule bills it’s that rite

 

 

With bill it would have been a contract between bill and the mobile phone supplier.

And bill as used his rights to get his money back but I am sure bill will tell you it is not a guarantee and bill would have had to show the contract was broken.

 

dizzy you are right here in what you say quote "all other routes such as a prepayment plan to pay off any arrears within a reasonable period have failed. Just like if you have loans secured on home too which you default on then the lender can file a CCJ against you and also put a Charging Order on your home which is filed with Land Registry should you ever try to sell without paying off your debt."

 

but most don't even get given that ccj and if you miss one payment they come for you no matter what happened one good one is Charging Order as you say dizzy why don't the banks charge them rent in the mean time

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TD...

 

Re the charging Orders, I don't get what you mean when you say 'why don't the bank charge them rent in the meantime'.

 

If say you hadn't paid your mortgage and the bank (the person who lent you the money) placed a Charging Order on your home after all esle failed then how could they then charge you rent (and how would you pay it) if you couldn't even pay your mortgage which is what got you in the mess in the first place.

 

It's not the bailiffs who put a charging order on your home, it's whoever you owe the money too and who in turn raised a CCJ or other court order against you ie bank/supplier/council etc ie ANY Creditor who you owe money too. 

 

PS Bill.... glad you got your money back and hope the person has learnt a valuable lesson  :wink:

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seen this new one dizzy Peter Barker, the man whose 'Bedroom Tax' loophole could help up to 40,000 housing benefit claimants to get their money back

 

http://www.independent.co.uk/news/uk/politics/peter-barker-the-man-whose-bedroom-tax-loophole-could-help-up-to-40000-housing-benefit-claimants-to-get-their-money-back-9068077.html

#

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seen this new one dizzy Peter Barker, the man whose 'Bedroom Tax' loophole could help up to 40,000 housing benefit claimants to get their money back

 

http://www.independent.co.uk/news/uk/politics/peter-barker-the-man-whose-bedroom-tax-loophole-could-help-up-to-40000-housing-benefit-claimants-to-get-their-money-back-9068077.html

#

 

The government have already said they are going to close that loophole TD

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  • 5 weeks later...

UP DATE

 

In January 2014, the Department for Work and Pensions (DWP) issued a circular (HB U1 2014) to local authorities saying that in cases where tenants have had a continuous claim for Housing Benefit since 1996 the size criteria rules should not have been applied. Continuous means for the same property (with some exceptions).

 

This means that affected tenants will be able to apply to their local authority to have their claim reassessed under the correct rules and will be able to receive money backdated to April 2013. It does not matter how many bedrooms are in the home. The DWP has said that it will amend regulations so that any award will only last up to the point that new regulations come into effect.

 

This may apply to:

• Tenants receiving HB who are under pension age, who have lived at the same address since 1996, and who have been in receipt of HB throughout that time (with any break in HB not exceeding four weeks).

• Tenants who may have ‘inherited’ a claim for HB from family members living at the same property, provided that the current claimant has resided at the property since 1996 and provided that both the original and the current claimant, between them, have sustained a continuous claim throughout with any break not exceeding four weeks.

- See more at: http://www.housing.org.uk/policy/welfare-reform/bedroom-tax/#sthash.GxbIOlRB.dpuf

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know what to do if they call at your door


1.If bailiffs come to your home, you aren't obliged to let them in.

2.Neither can they force their way into your house on a first visit, although be aware that they are allowed to enter through unlocked doors or open windows.

3.Forced entry on the first visit is illegal - this would include them forcing their way in once you've opened the door, or putting their foot in it to prevent you shutting the door. Call the police if this applies - it's illegal.

There are exceptions however- bailiffs from the HMRC are legally allowed to break into your home if they have a court warrant. Bailiffs collecting unpaid court fees are also allowed to force their way in. In these situations you're advised to negotiate to pay all or some of the debt immediately to the bailiff so they can leave without seizing any items. Make sure you get a receipt however! Bear in mind too that bailiff fees and expenses for any extra visits will probably be added to your outstanding debts - ask for details of them and dispute them if they appear to be excessive. Always seek advice from an independent organisation.

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