Can't Pay We'll Take It Away....clarification Please

[ToraToraTora]

Anyone understand the rules. Ok a son living with his dad is called on for a debt. The bailiff says he can take items from the house unless the Dad can prove it's his but how can you prove it? I mean I've got stuff I could probably produce receipts for but a lot of stuff I cannot. Surely the onus should be on them to demonstrate the debtor owns the item. Then they look at his van and the commentator says as long as it's not a company van they can take it but the company has not been asked to prove it's theirs so they can't have it both ways surely, why is that different from the chattels in the house? As it happens it was his van and they took it.

[PeelerPal]

Sorry Jack Daw, if I knew you were going to show me that you had letters after your name instead of proving me wrong I would not have said a word.

yours, PeelerPal mfi, bnq first class post

[Mamyalynne]

Peeler is extraordinarily broad in his knowledge - he knows that dry toast soaks up antibodies.

[PeelerPal]

I will be honest with you baths I am brilliant at parties, me and Buzz Killington really get things rocking hahaha!

[Bathsheba]

;) x x

[PeelerPal]

Mamy I google everything before i answer lol.

[Bathsheba]

The wink and kiss was meant for Mamya

x mxm x

[Jackdaw33]

If you want all my letters then it's B.A. LL.B. Grad. Cert. Ed. Dip. L.P.

[PeelerPal]

Thanks Jack Daw, good luck with that

[Mamyalynne]

Nothing wrong with a Professor of Google, just go steady now.

[Mamyalynne]

Sounds painful Jack.

[PeelerPal]

Thanks mamy, I am just having some fun although I am not wrong on this subject and I am waiting for Jack daw to explain to me that I am instead of displaying his plumage :D

[Jackdaw33]

I haven't got time because it is late. but if you read any statutes they lay down what constitutes an offence. By definition an offence is criminal as it attracts punishment. Have a look at the Theft Act, 1968. Are you telling me that theft is not a crime?

[1ozzy]

Impressive plumage Jack ;-)

[hc4361]

High Court Enforcement Agents can force entry and don't have to be invited in. The High Court Writ gives them the legal right to do so. The resident has to prove ownership of goods, not the agents. Once goods are seized the rightful owner has 7 days to prove that they do not belong to the debtor and claim them back

[ivor4781]

PeelerPal why dont you watch the programme mentioned on catch up or repeat then tell us on here why you think these high court sheriffs have no justfication

[douglas9401]

Is the answer something like 'pert ballbag piddle', Jackdaw?

Best my anagram solver can do.

[andy-hughes]

I think it would do little for the reputartions of the individual enforfdement officers, of their employers, if they were constantly found to have overstepped their legal authority, which would of course be overturned in court.

The printed confirmations of each case at the end of the programme shows what has happened in the interim, and it tends not to include information like 'Enforcers sued for wrongful recovery of goods ...' and so on.

[hc4361]

I think the agents on the show do their job brilliantly. Hope they are the same when the cameras aren't there.

[PeelerPal]

I am gobsmacked by some of the answers on here by people who watch a television programme and believe all of it because of course the television never lies.

Jack Daw, You are some sort of lawyer I am assuming and I hope not a criminal one because yes, theft is a crime under 'Common Law' and the theft ACT is an edict of law known as a statute and a statute can only be given the force of law with the 'consent' of the governed.
The theft act was introduced to determine disputes over property that was taken by means without consent regardless of ownership; ie, if you had something of mine which was actually mine and refused to give it back but I walked into your house and took it anyway, if you called the police and said that I took it from your house although I can prove it is my property, I can be arrested under the theft act by way of determination.
I cannot believe I am telling you how to do your job.
There is a huge difference between LAW and LEGISLATION hence why laws are called laws and legislation is called ACTS of parliament. and ACT is NOT law, sort your life out!!

[hc4361]

Peeler, are you being very long winded to differentiate between Common Law and Statute Law?