Marston bailiff threatening removal but wont show me a warrant?!

[Milo]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Reading the regulations, I can find no specific mention of 'jointly owned' items. Is this simply a default position?

Remarkably very little is actually written in the regulation which poses a difficulty for debtors wishing to object etc.

With the new regulations it is important to always first refer to Schedule 12 of the Tribunal Courts & Enforcement Act 2007.

Almost daily I am asked about the relevance of Schedule 12 and hopefully, within the next week or so I will be providing a Simple Guide to the new regulations to explain. In the meantime, Schedule 12 outlines the entire PROCEDURE that must be followed when 'Taking Control of Goods'.

http://www.legislation.gov.uk/ukpga/2007/15/schedule/12

The relevant sections where jointly owned goods are featured are the following:

3.1.(a) co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent—
(a)knows that the person has an interest in the particular goods, or(b)would know, if he made reasonable enquiries


When goods are sold the proceeds of the sale are addressed in section 50.6:

50.6 If there is a co-owner of any of the goods, the enforcement agent must(a) first pay the co-owner a share of the proceeds of those goods proportionate to his interest

[bizzybob]

Re: Marston bailiff threatening removal but wont show me a warrant?!

bizzybob

I think that you will find that the Sheriffs Office document is no longer applicable as it refers to the old regulations (walking possession and RSC order 17. This surprises me because the Sheriffs Officer were the first company to outline the new regulations in detail for the 6th April start.

Thanks Milo, that provision is a can of worms, especially in the case of a new partner, who was not there when the debt accrued, or a separation and the EA chases the departing partner who was not the debtor for jointly owned goods she took with her.

One other thing, what is your take on shared accommodation as in shared facilities single room in shared house with own lock on own room? I have heard of a bailiff getting bolshie at a Womens Refuge, and only going away when the staff called police.

[Milo]

Re: Marston bailiff threatening removal but wont show me a warrant?!

I have heard of a bailiff getting bolshie at a Womens Refuge, and only going away when the staff called police.

Let me assure you he would have been more than bolshie if I had spoken with him. He would have had the riot act read to him....harshly !!!

[bizzybob]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Let me assure you he would have been more than bolshie if I had spoken with him. He would have had the riot act read to him....harshly !!!

Apparently he was demanding access to the debtor fleeing a violent partners room to seize goods, problem was apart from an old mobile phone a couple of teddy bears for the child with her, all the goods belong to the Refuge she had nothing, best of it the council sent the bailiff there for council tax arrears , the address is confidential.

Apparently he wanted the Refuge staff arrested for obstructing him. he was lucky they didn't clout him.

With regard to missymoo's problem, the car is exempt, but the partner MUST contact the EA and sort it, as they can hide behind DPA whilst still issuing threats to her, would that be it in a nutshell? .

[Johnboy007]

Re: Marston bailiff threatening removal but wont show me a warrant?!

I read with some interest the following passage in schedule 12
“securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.
Can promissory notes still be used to pay a debt? Can a bailiff refuse to accept one, and if he does, what are the consequences?

[bizzybob]

Re: Marston bailiff threatening removal but wont show me a warrant?!

I read with some interest the following passage in schedule 12
“securities” includes bills of exchange, promissory notes, bonds, specialties and securities for money.
Can promissory notes still be used to pay a debt? Can a bailiff refuse to accept one, and if he does, what are the consequences?

Well he can't pinch the the mattress with the £10,000 stashed in it but he could the cash if he knew it was there apparently. As to the legality of a Promissory Note for value

some answers here:

https://www.whatdotheyknow.com/reque...romissory_note

[Johnboy007]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Well he can't pinch the the mattress with the £10,000 stashed in it but he could the cash if he knew it was there apparently. As to the legality of a Promissory Note for value

some answers here:

https://www.whatdotheyknow.com/reque...romissory_note

Well Bob, here's a poser for you then.........
If I am to believe that a promissory note can only be accepted by agreement with the creditor, how comes the bank of England issue millions of them every year without asking for permission from creditors.

[bizzybob]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Well Bob, here's a poser for you then.........
If I am to believe that a promissory note can only be accepted by agreement with the creditor, how comes the bank of England issue millions of them every year without asking for permission from creditors.

FIAT Currency and Fractional Reserve banking are the spawn of the devil, and likely fall foul of both the Bible and the Qu'ran.

[enquirer]

Re: Marston bailiff threatening removal but wont show me a warrant?!

Sch.12 Tribunal Courts & Enforcement Act 2007

3.1.(a) "co-owner” in relation to goods of the debtor means a person other than the debtor who has an interest in the goods, but only if the enforcement agent —
(a) knows that the person has an interest in the particular goods, or
(b) would know, if he made reasonable enquiries.

'But only if the EA' ... 'knows' ... 'reasonable enquiries' ...

This is a real can of worms.

[bizzybob]

Re: Marston bailiff threatening removal but wont show me a warrant?!

'But only if the EA' ... 'knows' ... 'reasonable enquiries' ...

This is a real can of worms.

Bailiffs aka EA's assume plenty and ask sod all before clamping or towing a car. When challenged say "well Observer v Gordon allows us to do it" Big problems ahead with shared houses and single room only on HB for under 35s, when a bailioff calls at the shared house, as what is joint in that circumstance, or a house share with parties as Tenants in Common?