New Proposed new baliff laws - legalised robbery

Discussion in 'Current Affairs, News and Analysis' started by pomps, Mar 6, 2007.

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  1. Our dear cherrished Gov't is proposing ....

    Bailiffs could soon be breaking into homes to seize goods for credit card debts without a court order.

    A new law will leave vulnerable people at risk from 'rogue enforcers', according to Citizens Advice.

    Fcuking outragous... Imagine you have had your ID cloned etc...

    Worse still, you have recently moved to rented accom and the previous occupant has outstanding debt with the post re directed.... you will have no idea untill you find your door forced and contents siezed. Like they will care!!!!! They have your stuff and you are faced with dealing with the notoriously NFI baliff office.

    This can not be right can it???

    What will Blair's team think of next to save admin overheads and court costs...... on line plea hearings for the great unwashed???

    news link:,,30100-1254213,00.html

    No10 petition thing,,,,

    What next... dipping straight into you bank for contested payments ??

  2. On a brighter note, if your goods are on HP, the bailiffs can't touch then because they really belong to the HP company, not you.
  3. Better still, don't use credit card for household goods. Don't give bailiffs any reason to beat down your door.

    Edited to add: Wouldn't this violate 'Right to Privacy' (Article 8?) ?
  4. OK, if they force entry to your property when you're not there, how do they know what they can legally take? ie not stuff used for work or stuff that does not belong to you.

    My house has about six computers, only one belongs to me. They could come in and take the lot and a long legal arguement would ensue for the return of the goods they have stolen from other household members.

    BTW, that was an example ;)
  5. Thats OK but recently some lowlife scum bag took out a credit card account in my wives name using fake ID etc, ran up a massive fecking bill then did a runner. First we knew of it was a guy turning up on the doorstep to present her with a court summons. Under this latest scheme we could have had bailiffs in and our kit gone through no fault of our own. Think on folks it could happen to you.

    Oh and by the way all the documents used by said scum bag came from the personell office of Mrs Rebels previous employer local NHS Trust no doubt from a relative of the scumbag.
  6. But if you have paid one third of the HP plan, they belong to you, so yes they can take them away!
  7. I think that the legislation should give you the right to shoot them should they enter your home - now that would spice things up - imagine a poor pensioner with a Desert Eagle .50?

    On a more serious note, it is interesting how the govt is determined to destroy any notion of the Englishman's home being his/her castle. Sign the petition, now, vote labour out, later!
  8. Sixty

    Sixty LE Moderator Book Reviewer
    1. ARRSE Cyclists and Triathletes

    I'm fairly certain this pertains to England and Wales only. We passed a bill a couple of years ago up here banning poindings and warrant sales etc.

    Edit: Still a crappy idea for the rest of the UK to give bailiffs the powers being debated.
  9. Sixty, what's a poinding?? Sorry for my ignorance.
  10. Sixty

    Sixty LE Moderator Book Reviewer
    1. ARRSE Cyclists and Triathletes

    Seizure of goods from your home by a Sheriff Officer (we don't have bailiffs). They used to be able to do it and then hold what's called a 'Warrant Sale' i.e. sell your stuff.

    95% certain that it's banned now.


  11. Ah, thanks for the info.
  12. ugly

    ugly LE Moderator

    After they had pulled a mad springer or 9 off their nuts and the armed response police let them out for even looking at my address I would happily sue for their great grandchildrens inheritances!
  13. ????? OK I bite
  14. ugly

    ugly LE Moderator

    Well after some div of a septic knuckled neanderthal attempted to do the same to my new neighbours who only bought the place last summer from a flighty divorcee, they took legal action against the firm of bailiffs for poor practise ie failing to accept coy id's MOD 90 for the hubby, utility bills etc and still attempted to collect debts which werent theirs. I have dogs, lots of them and despite a bailiff years ago claiming in a pub that he could have any dog owner sued for his injuries if he broke in and a dog bit him, (I said try it and find out!). Any attempted entry to my alarmed property would attract the local armed response and result in my suing him for damages not least to my property but also to my character as I owe no one anything beyond the next mortgage payment!
    I was in a House of multiple occupancy as a youth when bailiffs tried to force entry to get catalogue money from a single mum and the drill use to be "never heard of her mate, its all flats/bedsits, didnt you know!" Some scumbags used to order cds from a mail order firm for their neighbour knowing they would be delivered whilst out at work then flog them down the pub. It does go on, any shared hall where mail is left is prone to this! Doesnt make gaining entry legal if they cant identify the property!
  15. Sixty

    poindings have been replaced by "exceptional attachment order" and are harder to get - a sheriff will only grant one if there has been a wage arrestment, bank arrestment tried and the debtor has assets that can be seized.
    Before granting an EAO a sheriff will have to consider a number of factors including:
    whether you have already received money advice;
    any agreement between you and the creditor for the settlement of the debt;
    any declaration or representation you have made to the court about your assets, their value and your overall financial circumstances;

    whether the creditor taken reasonable steps to negotiate a settlement of the debt;

    whether the creditor tried to recover the debt by other means including:
    – an arrestment and action of furthcoming and sale; and/or
    – an earnings arrestment;

    whether there is a reasonable prospect that the amount obtained at an auction of the your non-essential assets would equal the expenses of the attachment plus £100?;

    whether it is reasonable in all the circumstances to grant the exceptional attachment order?
    If the sheriff makes an EAO, a sheriff officer will visit your home and attach articles to the value of the total debt plus expenses. He will value items on the basis of their open market value.

    Sheriff officers cannot use an EAO to attach:
    basic items needed for family life including clothes, work tools, essential furniture, housekeeping equipment, children’s toys and bedding, a home computer, radio, microwave, TV, telephone;

    rented or hire purchase goods which are still being paid off. It is best to provide evidence, such as a copy of the agreement;

    other people’s property, i.e. anything belonging to a child, family member or neighbour. You need to show proof. The owner can tell the sheriff officer that the item belongs to them, and provide written evidence. In implementing an EAO, a sheriff officer should not attach any articles (to a value of £150) which are likely to be of sentimental value to you e.g. wedding ring.
    Sale of attached goods
    Sales can usually be stopped before they go ahead. Even after an attachment (of either non-domestic or domestic goods) you may be able to prevent a sale by coming to an agreement for repayment. For example, you could get a time to pay order if you haven’t had one before.

    The sale will not take place in your home. Instead goods will be taken to an auction room. You must be given the chance to buy the goods back at the appraised value before the sale (i.e. the value set by the sheriff’s officer.)

    If a sale goes ahead, there is nothing to stop a friend or relative from buying goods at the sale. If they lend you the goods back they remain their property and cannot be re-attached for your debt.

    This was introduced a couple of years ago & its fairly rarely that they are granted. If you are in a Trust Deed (scottish equivalent of an IVA) they can't go for an attachment order.

    Scottish Sheriff officers are a bunch of bullies but the balliffs in England seem a hellish lot worse - just legalised thugs & thieves