Enforcement Officers/Debt Agents/Bailiffs

 

What can & can't they do

They seem to be under the misconception that they have more powers than what they actually do and that they can brake into your home and take your goods with a 'Warrant of Control' this is incorrect a Warrant of Control means they need your permission to enter which obviously you would never give, to gain entry to your home a 'Warrant of Entry' is required this type of Warrant is issued to Utilities companies if they believe there is a risk of harm ie, gas leak, or the police but only under certain circumstances.

These bullies do not have a legitimate warrant. They may show you something on an ipad that may look like one but that is not from the courts and it will never be signed they do not have the original warrant as it does not exist.
 
The bailiff/agent/enforcement agent or any representative must have the certificate under the original court warrant. If the bailiff/agent/enforcement agent or any representative does not have the original court warrant in an intelligible form, then the police must arrest him/her, under section 125 of the County Court Act, section 78 of the Road Traffic Act, and section 2 of the Fraud Act. By law the police have to examine the bailiff’s paperwork. If the bailiffs do not have the documents, the police are required by law to arrest the bailiff/agent/enforcement agent or any representative.

If the police officer refuse to arrest the bailiff/agent/enforcement agent or any representative then you can threaten the police with serious formal allegations under the police disciplinary codes, for perverting the course of justice and serious negligence of duty. If the police officer gets found guilty under the police disciplinary code, the very least that can happen is that they will lose their job. No job, no career, no pension. If there is a serious failure, failure to arrest the bailiff /agent / enforcement agent or any representative the police officer can go to jail. The police officer is obliged to take a report of a crime and then walk off. On returning to the police station, by law, they must log the reported crime. And it must go through to investigation. If the police officer fails to take a report of a crime, it is a serious negligence of duty under the police disciplinary code, and he can lose his job. Take the police officer’s collar number and report the police officer. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-83-writs-and-warrants-generalprovisions Malfeasance of public office: any officer that assists a civil matter in debt recovery is aiding and abetting a criminal act and is going against their oath..

You can also inform these bullies that you feel that they are harrasing you and causing you distress and alarm and that you feel intimidated. Under Section 2 of the Protection from Harassment Act 1997, it is a criminal offence of harassment to make demands for money in such a manner that it causes alarm, distress or intimidation. This is the case no matter what method they use to make contact – whether by telephone, email, letter or in person. Punishment on conviction is six months imprisonment and/or a level 5 fine of up to £5,000, plus legal costs.

These bullies MUST have and produce a 'DEED OF ASSIGNMENT' under the Law of Property Act 1925, a copy of the Sale Agreement between the Original Creditor and their company, sometimes referred to as a 'debt sale agreement' and known formally as a 'Deed of Assignment' (not a notice of assignment). This should be granted by the Assignor in compliance with Section 44 of the Companies Act 2006 if not is solemn Deed format. Where more than one assignment is claimed, they will need to provide a valid Deed of Assignment for each alleged assignment. They are required to have this to be compliant with Section 136 of the Law of Property Act 1925 and failure to provide it will be viewed as an admission that they are not complaint with Section 136 of the Law of Property Act 1925.

They may claim that a deed of assignment is a private commercial document that does not need to be shown.Supreme court case laws show that this excuse is not accepted for these reasons.

 

If they do not produce the deed of assignment, they cannot show title to the claim they are making... = no claim no evidence, no claim = counter claim

   

   The deed of assignment "can" be redacted [Private information taken out} but required by law nonetheless.

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   It is also a good idea to inform them of the following:

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That in line with recent OFT Guidance (issued Oct 2010) surrounding unenforceability,

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     OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors.

 

             Under fixed-term, running account & Hire Agreements'. This simply means that under these sections a debtor can pay £1.00 statutory fee for the following:

 

      A true and certified copy (NOT photocopy) of the Original Contract/Credit Agreement between The Bullies Company

 and The Company you allegedly owe money to – redacted if necessary

 

1) Copies of documents mentioned in that agreement

2) A statement of account

3) Validation of the alleged debt owed with FULL accounting

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It is also good to point out to the bullies that profiteering through deception is an act of fraud. See Fraud Act 2006. Insisting on or demanding payment without a pre-existing commercial arrangement which is based on presentable fact's in the form of a commercial agreement is an act of deception. Payment is a commercial activity. 

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The Tribunal Courts and Enforcement Act 2007 makes no mention of private companies acting as enforcement agents, leaving the bullies company unrecognised as an entity in enforcement law and unregulated [unless they can prove otherwise, remember they have the burden of proof that you owe them money and that they can lawfully collect it]. The Magistrates Court Act 1980 Section 125B only allows authorised companies to "execute warrants". If they hold such a warrant, ask them to execute it by sending it via Royal Mail only.

 

If you haven't already make sure you display an 'Implied Rights of Access' either on your gate, front door or window, you can download a template HERE just add your address and keep your postcode within the [    ]  

Videos from 'The Observation Deck'

How to Deal with Debt Agents - First and Final Notice - HERE

How to deal with Debt Letters: Standing your ground - HERE

The Document Debt Collectors Don't Want You to Know About - HERE

The Underdog's Guide to Defeating Greedy Debt Agents and

Taking Control of Your Life - HERE

Did they make a direct claim? Where is your evidence? - HERE

Layman's Guide to Law: Warrants and Bailiff's - HERE

Debt Collectors and The Art of Law - HERE

The Games courts play & How to stop a Bailiff - HERE

NO ENFORCEMENT POWERS: If Vulnerable or without Signature/Stamp! - HERE

Peaceofficers UK. A chat with Davey & solid advice on warrants/Bailiff's - HERE

  The Games courts play & How to stop a Bailiff - HERE

Dealing with Debt Agents: No Courts No costs! - HERE

Other Recommendations 

Sovereign Empowerment - How To Easily Win Against A Debt Collection Agent - HERE

Sovereign Empowerment - Ex-Enforcement Agent Tells All – Don’t Fall Prey to Their Tactics - HERE

The Peoples Lawyer UK - Agent at the Door - HERE

Funkyprepper - HOW TO DEAL WITH BAILIFFS & DEBT PAYMENTS - HERE

Bailiffs at your door - HERE

25 Bits of very useful Case Law for dealing with Bailiffs - HERE

Bailiffs Advice - HERE

Enforcement Agent at your door - HERE

Got Bailiffs on your case - HERE
 
Taking Control of Goods - HERE

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Below is examples of the templates you may receive, [these are a couple of mine from my library]