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Old 28 October 2005, 01:17 PM
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Luan Pra bang
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got a parking ticket paid over the phone after arguing my case for a few weeks. Fine went up to £95 paid it over the phone forgot all about it. Now I have just had a visit from a bailif claiming I owe £144.00 for the parking fine and saying that if I don't pay tomorrow he will reposes Items in my house and that by tomorrow I will owe minimum £175.00. I phoned the council parking department who then told me that their computers are broken and that they can't look into the situation and basically **** off we don't care. It seems I have 2 choices pay up or have some balif turn up and try to reposes my tv even though there has been no court execution or order to state wether or not I owe them any money.
Old 28 October 2005, 01:20 PM
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ajm
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Go round to the council offices and repossess some of their computers to the value of £175. It's what is right and proper.
Old 28 October 2005, 01:21 PM
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Drunken Bungle Whore
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Surely the payment would have shown up on a credit card statement? If you haven't kept it try calling your card people and see what they can send you as proof.
Old 28 October 2005, 01:22 PM
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danwrx1980
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basically if a bailiff comes round to your haouse, just go and sit in the garden with him.
its a little known fact that a bailiff cannot go into your house without you being there with them. if they do they are committing an offence, and can be reported for it.
if you go and sit outside with them or just get in your car and go, they will soon get pissed off and come back another time, where you just wander off again.
then sue the council for harassment under the human rights act!!!
Old 28 October 2005, 01:23 PM
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davegtt
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Have you paid for the fine though? checked statements etc? if you can prove youve paid them tell them to **** off, oh and whilst your at it charge the bailiffs for wasting your time

I thought you should have at least got some warning letters before they send the heavies around

All else failing dont answer the door tomorrow lol
Old 28 October 2005, 01:25 PM
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davegtt
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Originally Posted by danwrx1980
if you go and sit outside with them or just get in your car and go, they will soon get pissed off and come back another time, where you just wander off again.
then sue the council for harassment under the human rights act!!!
LOL but if they cant get in the house they'll just take his motor....
Old 28 October 2005, 01:36 PM
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GC8
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Originally Posted by danwrx1980
basically if a bailiff comes round to your haouse, just go and sit in the garden with him.
its a little known fact that a bailiff cannot go into your house without you being there with them. if they do they are committing an offence, and can be reported for it.
if you go and sit outside with them or just get in your car and go, they will soon get pissed off and come back another time, where you just wander off again.
then sue the council for harassment under the human rights act!!!

They can make a forcible entry after theyve taken walking possesion though; unfortunately thay can take WP on good that they see through a window.


Simon

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Old 28 October 2005, 01:37 PM
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GC8
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Originally Posted by davegtt
LOL but if they cant get in the house they'll just take his motor....
They cant over-levy.
Old 28 October 2005, 01:42 PM
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ajm
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I can't understand the legal aspect of this though. The council dream up a fine (see Hedgehogs illegal fine thread) and then send a 3rd party bailiff round who can basically steal your posessions without so much as a court order?

If that is legal then surely it is legal for you to decide that the council has wasted £500 of your time through harrassment and therefore you can send a gorilla round to their property to steal an arbitrary amount of goods back off them!
Old 28 October 2005, 09:11 PM
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Luan Pra bang
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Spoke to the council again when less pissed off and they said fax the bank statement showing the payment to them and they will have a word with the credit collction agency. I still feel like trying to take them for court for something though. A private company has issued me with a fine that I dispute after this company managed to completely skip any independant appeal process I paid a fine issued by this private company and then they still send baliffs round.
Old 28 October 2005, 10:24 PM
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paulwrxboro
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If you have proof just keep wasting ther time and have abit of fun with it
Old 28 October 2005, 10:31 PM
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I had a threatening letter following a **** up by Yorkshire Electricity. I phoned the bailif expecting the worst and when I told them it was a **** up they said they would put everything on hold. 3 weeks later same happened and I did the same and got the same response. To be honest I was impressed at how professionally they dealt with my situation. Yorkshire electricity on the other hand...and now they are £1600 out pocket
Old 29 October 2005, 12:56 AM
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Dicke C
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Info off channel 4 web page.......

Can a bailiff force his/her way into my house?

Apart from special cases involving Customs & Excise or the Inland Revenue, a bailiff cannot force entry into your home. All other bailiffs have the right of peaceful entry only. This means that they cannot break down a door or smash a window. What he or she can do though, is enter through an open door or window, or jump the fence to see if you've left a side door unlocked. Remember you do not have to let a bailiff into your home. A bailiff cannot force their his or her way past you if you answer the door. If all the doors and windows are securely closed, they will not be able to gain peaceful entry to your house unless you let them in.

Will I be in trouble if I don't let the bailiff in?

No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.

If I allow them in, what will they do?

A bailiff will seize your goods in order to sell them off at public auction in order to raise money to pay the debt you owe. The bailiff will make clear an intention to seize various items, either verbally, or by attaching a mark to them, or by touching them. This is called 'levying distress' or 'distraining upon goods'.

Once the bailiff has seized goods, they have a number of options:
He or she can remove items they have seized immediately from the property, to be stored or eventually sold at public auction
He or she can leave someone in your home to guard the items that they have seized' or, in the case of bailiffs collecting rent, secure items that have been seized in your home
The most likely outcome is that the bailiff will ask you to sign a 'walking possession agreement'
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