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Bailiffs - can they...............



beorhthelm

A. Virgo, Football Genius
Jul 21, 2003
35,985
Yes I think that's basically their point. The council are trying to enforce a contract on you ...

what im saying is, it cant be a valid contract for the very reason. any A level Law student would see through that, if you took it to court as a contract they'd laugh at the council. its a fee imposed through powers devolved to councils to allow them to apply and enforce parking restrictions. now, if its on private land, thats a different story, as it would be if they are not applying the law correctly when issueing the parking tickets. i suspec the cited example of someone with £6k worth of fines outstanding has just baffled his council into submission or is otherwise not concluded officially. untill theres a court case to establish it one way or tother, its a fairy story. holding on the bill of rights in the face of later acts that supercede seems very dubious grounds.
 
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csider

Active member
Dec 11, 2006
4,498
Hove
They want to gain access for crimes against fashion. Chino shorts & loafers.
 


csider

Active member
Dec 11, 2006
4,498
Hove
PS. They can clamp or tow the car away though. My Dad used to do it part time when needed extra cash:thumbsup:
 


thejackal

Throbbing Member
Oct 22, 2008
1,159
Brighthelmstone
what im saying is, it cant be a valid contract for the very reason. any A level Law student would see through that, if you took it to court as a contract they'd laugh at the council. its a fee imposed through powers devolved to councils to allow them to apply and enforce parking restrictions. now, if its on private land, thats a different story, as it would be if they are not applying the law correctly when issueing the parking tickets. i suspec the cited example of someone with £6k worth of fines outstanding has just baffled his council into submission or is otherwise not concluded officially. untill theres a court case to establish it one way or tother, its a fairy story. holding on the bill of rights in the face of later acts that supercede seems very dubious grounds.

Yes I agree with you to the extent that we all accept without question the way that statutory instruments are given the force of law and ultimately enforced.

I think the nature of their objection goes further than that, in that they question the very nature of the enforceability of statutory 'law', and its applicability given the distinction between common and maritime/statutory law.
 












cunning fergus

Well-known member
NSC Patron
Jan 18, 2009
4,874
I always thought you had plenty of experience of unknown brutish types bashing in your back doors?
 


Bluejuice

Lazy as a rug on Valium
Sep 2, 2004
8,270
The free state of Kemp Town
There are obviously some dodgy types in my building as I keep getting harassed by people ringing my doorbell in an attempt to gain access to other flats. I've noticed that nobody EVER answers the door in the building and the build up of rather serious looking letters in the hallway is ever increasing.

It's gotten so bad now that I've torn off my doorbell as I'm sick of being hassled by all these crooks. They're unbelievably rude and seem to think they can bully me into letting them in. Having worked for a law firm for most of this year however I am more than satisfied that I know my rights and they can frankly f*** off.

Ignore them is my recommendation to you. As has been said, unless they have a court issued warrant, which you should have been notified about well in advance then they don't have any legal right to force their way into your home.

A lot of collection agencies will send big threatening boys round demanding entrance to basically rob you of your possessions but it is only court ordered bailiffs you should really worry about. The really stupid part is that a lot of the time these collection agencies will have bought a debt off a bank or credit card company or even another collection agency before them so by the time they get to chasing you up for it there is nothing to tell you what the debt is made up of and they simply demand payment of whatever sum they're chasing which will usually be due to some indecipherable acronym that'll mean nothing to you. In this instance I would simply write back to the agency demanding to see a breakdown of exactly what you are supposed to owe and how you came to owe it, requesting copies of signed credit agreements where appropriate.

My old bank sold on a debt from a credit card I never agreed to and several agencies assumed the debt, wrote threatening letters and then sold it on again. Eventually they gave up as they couldn't pursue it through the courts without a copy of a signed credit agreement saying that I had entered into any arrangement with the bank over this credit card. As no such document ever existed they had nowhere to go. Of course the bank didn't lose out as they simply sold the debt and so the mugs that bought it off them ended up with an unenforcable debt to collect which meant they never saw a penny.

Meanwhile the bank still keep my account, with a balance of nil, open AND even send me cash cards and chequebooks for use with it, despite my racking up about £8,000 worth of debt through it thanks to their lackadaisical approach to money lending. But once they'd sold on this debt the account wasn't overdrawn or associated with the credit card any longer so as far as they were concerned I was a valued customer once more.

It's no wonder the banking industry is so f***ed up. Clowns, the lot of them
 


csider

Active member
Dec 11, 2006
4,498
Hove
I NEVER answer my door unless I know someone is coming round.

Luckily there is only 4 flats in my block.

They can all fak orf...:annoyed:
 






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