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.

[ladybirder]

They phone the DVLA to find out who owns any vehicles on the property. Any goods worth taking in the house such as TV, computers, that sort of stuff, I would be able to show a bank statement or receipt for with a bit of searching if it was going to stop them removing it.

[PeelerPal]

Firstly, a bailiff is not allowed to force entry into any property without an invitation or warrant, so if they let him through the door, more fool them. Secondly, any bailiff issued with a warrant of entry for a civil dispute cannot execute the warrant because it is an unlawful warrant as a third party is not allowed to interlope during a civil dispute and the warrant will not be wet ink signed by a magistrate making it unlawful. finally, PROPERTY is owned by claim and the owner of the property can simply make a lawful claim of right to that property and then it cannot be removed.

[Mamyalynne]

In this programme they are High Court Enforcement Officers, they are fully clued up on what they can and can't do according to the law.

[PeelerPal]

Is that so mammy?

or do they rely on the fact that the majority of us mere mortals don't know the LAW?

[Mamyalynne]

Yes they are High Court Enforcement Officers.

[PeelerPal]

Yes so you said in your last thread. and as you seem to know exactly what you are saying, please can you tell me where a debt stands in LAW? High court enforcement officers or sheriffs enforce writs for statutory breach of legislation, not LAW. they only have power if you give it to them.

[PeelerPal]

being in debt is simply a civil dispute between two parties, one owes and the other is owed. no crime has been committed and no statutory offences have been breached. If you are a business the court can send sheriffs to act against the company and cease assets but they cannot act against the human being as remove property. Halisbury law

[Mamyalynne]

Fair enough Peeler, you have me whupped.

[Jackdaw33]

Sheriffs and Bailiffs are clean different things. The former have much more power than the latter.

[PeelerPal]

I am passionate about law and legislation because we are not noticing that they are trying to combine the two but a crime is a crime of which anyone who commits should be punished but legislation is simply an act of parliament enforcible by consent. which is why speeding is not a crime it is an offence and why being in debt is not a crime either but if you admit to it being an offence and go to court and admit it then you are giving away your right to self government and allowing the court to act upon you. No is the most powerful word in the english language.

[Mamyalynne]

http://www.hceoa.org.uk/code-of-practice.html

[PeelerPal]

Agreed jack daw

[Mamyalynne]

High Court Enforcement Officers (also known as Sheriffs) as they execute High Court writs up and down the country.

[PeelerPal]

You're right Mamy nobody disagrees with that.

[Jackdaw33]

Sorry, but speeding IS a crime and you can go to prison for it. Any offence is a crime.

[PeelerPal]

Sorry Jack Daw but you are completely wrong. firstly no offence is a crime, which is why it is called an offence. You can be imprisoned for an offence but it depends on the circumstances.

Speeding is known as a non endorsable fixed penalty for which you can be reported for the consideration of the offence of speeding, it is not a crime and cannot be a crime as a crime needs to have an injured party.

[ll_billym]

If somebody didn't let them in then that visit is unlikely to feature on a TV programme.

[PeelerPal]

and before you say the words 'Criminal offence' that in its self is an oxymoron as it can only be one or the other, either you commit a crime or you commit an offence you cannot criminally offend anyone because if what you have done is criminal you have caused harm and therefore offence is irrelevant

[Jackdaw33]

Where you get that from I don't know. Perhaps. you should re-read your law books.

Kind regards, Jackdaw, LL.B. (first class hons.)

[Bathsheba]

Peeler, bet you're a barrel of laughs at a party......

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