|Anything goes in The Snug, the GD's rebellious little brother. An off-topic den of iniquity for non-football/news related musings.
The problem is not being on the electoral role doesn't actually mean that the person doesn't live there does it?
You are dealing with a cowboy bailiff company by the sounds, these people very rarely listen to reason buts lets hope so in this case.
Not true. Which is why in these situations its best to seek professional advice, not rely on a West Ham fans website.
From the CAB website....
Generally, most bailiffs can't force their way into your home or business premises to take control of your goods. There are some exceptions to this, which are:
- when the bailiff is chasing up unpaid magistrates' court fines
- if the bailiff has been given a court order allowing them to use reasonable force to enter your property to collect debts owed to HM Revenue and Customs
- when the bailiff has been given a court order allowing them use reasonable force to enter other premises - where they believe you may have deliberately taken your belongings to stop them being seized.
In these situations, a bailiff is allowed to use reasonable force to get into the premises.
What is reasonable force.....
The bailiff isn't allowed to enter the premises through anything other than the normal means of entry, which usually means through a door, an attached garage or a loading bay. This means that reasonable force may include, but isn't limited to the following:
- forcing a door open by breaking the lock or hinges
- forcing a gate open
- cutting through a padlock and chain that has been put over a door, gate or loading bay
- breaking down a vehicle barrier.
Reasonable force doesn't include the following, because they are all ways in which the bailiff isn't allowed to enter your home or premises:
- pushing you or anyone else out of the way
- getting in through an open window
- breaking a window to get in
- taking up floorboards to access part of your property
- climbing over a fence or wall.
That just can't be right Richie otherwise they are constantly breaking the law in the TV series, they always jump fences, they never break into residential properties (they have no proof that his son lives or has stored property there and hence can not do what they are doing), they regularly break into commercial properties, brownout doesn't have a magistrates fine, his son does hence they have no leg to stand on unless they find some evidence that he lives there.
You really think they'd film bailiffs and high court enforcers kicking doors down? It's supposed to be showing them in a good light. You also don't know the ins and outs of the warrants being issued.
I would also tend to side with the CAB opposed to an entertainment program on C5.
I have had advice by pm from a helpful legal person on KUMB and I’ve spoken to another solicitor. Both advised a Statutory Declaration but both courts I spoke to today said only my son could do this. I wonder if I could sign an affidavit to say he doesn’t live here?
It is very hard to prove a negative but the only evidence I’ve been able to get is the electoral role. Plus that there is nothing related to him in the house. Only two bedrooms are in use, one is ours and one is my youngest son’s and the presence of his college books etc. would confirm this.
There is so much conflicting advice on the internet but I think that as this is a criminal fine they do have power to force entry – by use of a locksmith probably. I’m not sure whether they can legally take goods that they have no evidence belong to my son or that are unlikely to (eg family TV which one would expect to be owned by parents not son).
If they come when we are here we will call the police but I’m more concerned if they turn up when we are out.
Brownout-I see you have posted on the cag forum.You will get much better advice there than you will here.What we think is right or fair is irrelevant to these people,they just want your money.
The poster Bailiff Advice is an expert on bailiff matters.There is also a HCEO that posts on there,who will tell you exactly what they can and will do.
If the courts refuse to let you do a statutory declaration,a solicitor will probably do it for a small fee.You just have to get the bailiff to accept it.
I would definitely move any cars away,
There is absolutely no way they can come into your home when the magistrates fine is not yours, otherwise anyone who got a court fine could put whatever address they wanted and let someone else cop the grief. There must be some way to prove that it has nothing to do with you, a solicitor would sort it out in a heartbeat.
Unfortunately it doesn't seem as simple as that as I've spoken to two solicitor s now. J
There must be some evidence that your son has lived there in recent years. The stupidity of these situations astounds me. Your son doesn't pay fines, doesn't live at your house yet is supposed to have stored goods at your place haha, it really amazes me that this is allowed to go on.
Good luck with it brownout. The cases I saw that ended with no win for the baliffs were when the person let them in their house and said take what you want as there is nothing of value, they don't even bother then as they know it costs them more to remove those goods than what they will get back for them
I have contacted the police to make sure they know our son does not live at this address next time he is arrested. They have his current address but said that as we've found, he can give any address to the court and it isn't checked. They said bailiffs cannot remove any goods from our property as our son does not live there and nothing in your property is his.
On the other side of the fence Brown Out bailiffs/courts/etc must hear storys like this all the time except your probably one of the few telling the truth rather than trying to cover. Hopefully you can get it sorted. This is one of them scenarios where people that play the system probably know all their rights, how to get away with it rather than an innocent party like you stuck in the middle of it
As Stoufer has said. CAG is very good at what to do in these situations.
You will get a lot of conflicting information as you have found but CAG is pretty good. Ignore these freedom of the land type sites where they claim you can deny access, it is crap.
Bailiffs are a lot more regulated these days but some firms overstep the mark and often use threatening tactics. Make sure that any future contact with them is recorded. If they come back make sure that you let them know you will video the whole thing. Try not to phone them unless you can record the call. Email is good as you have a record automatically.
Hope you get things sorted.
I spoke to the bailiff this morning who was quite reasonable and said he had put in his report saying that he could see that my son did not live at the address. He said he was waiting for instructions as to how to proceed from Marston’s’ office.
I rang the office and was told they could not discuss the case due to ‘data protection’ but that the bailiff (who is self-employed) has full jurisdiction and will not be given instructions by the office.
When I asked for an explanation as to why data protection was an issue she put the phone down (as another person at Marstons did yesterday when I asked questions).