A bailiff must be legally authorised to collect the debt on behalf of the creditor. The authority is normally known as a 'warrant', or 'warrant of execution' if the bailiff is recovering money owed under a county court judgment.
   Bailiffs used by the magistrates court to collect unpaid council tax, outstanding fines, compensation or unpaid maintenance will be acting on either a 'distress warrant' or a 'liability order' issued by the magistrates court.

If you are in arrears, creditors will sometimes send representatives to your home to try and negotiate repayments with you. These people often call themselves debt collection agencies and suggest or imply that they have authority to seize your goods or enter your home. They do not. They have as much authority to do so as the milkman. They do not have powers to enter your home and seize your goods unless they sue you in the small claims court first.

Most bailiffs, even with a court order, do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.
 If a warrant is obtained from the county court, all bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down.

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
  Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home and a policeman who suggests otherwise will be liable for misrepresentation and/or negligence.

 

Private Bailiffs

They are private firms used by the Magistrates Court to collect fines, and by local Councils (once they have obtained a Liability Order from the Magistrates Court) to collect Council Tax and Community Charge.

 

Which Goods Can or Cannot be Seized

Goods, which can be seized

The bailiff can only seize goods which belong to the debtor. However, the bailiff can seize goods, which are jointly owned even if the other joint owner is not the debtor.

Goods which cannot be seized

The bailiff cannot seize the following:

Goods which belong to another person

· Fixtures and fittings

· Goods on hire-purchase

· Goods which are rented

If the bailiff is collecting a County Court Judgement debt, Council Tax, or Community Charge the following goods cannot be seized:

"Such clothing, bedding, furniture, household equipment or provisions as are necessary for satisfying the basic domestic needs of the debtor and his / her family."

"Such tools, books, vehicles, and other items of employment as are necessary to the debtor for use personally in their employment, business and vocation."

Special Circumstances are usually defined as:

Serious illness, mental impairment, learning difficulties, physical disability, long term sickness, unemployment, recent bereavement, severe financial difficulties.

 

The Bailiffs Rights of Entry

The Bailiff cannot force entry into a domestic property. The bailiff can walk through an open door, climb over a garden wall, enter through an unlocked door or climb through an open window.

The Bailiff can force entry and seize goods if a debtor defaults on a Walking Possession Agreement.A Walking Possession Agreement can only be made after peaceful entry.

Walking Possession Agreement

This is an agreement signed by the debtor which allows the goods to remain with the debtor as long as they keep to a payment arrangement. However if the debtor defaults on a payment arrangement the bailiff can return, force entry, and seize the goods.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This firm of bailiffs have been instructed to collect child maintenance arrears after liability orders have been granted by the Magistrates courts. As we have discovered the courts are not an authority they are a company who use so called Magistrates who breach their oaths of office every day in order to rake in more revenue for the company trading as the Government. Once the illegal liability orders have been granted the courts or the CSA then send in Marston’s bailiffs to collect the money.

 Having heard the stories about Marston’s we decided to investigate this company to find out what they are about and we were quite amazed at what we found.

 

 They used to trade as Drakes Group limited but are trading as Marston’s whose registered office is 50 Broadway, Westminster London, which is a firm of solicitors located right opposite the Ministry Of Justice. They also have a county court judgement registered against them for £849.00, so they don’t do go business themselves. So next time they come with the “we are here to collect child maintenance” just ask them if that money is going to pay off their CCJ. For a multimillion pound outfit who cannot pay £849.00 towards a debt then what is going on?

 

 One of our members who recently had a run in with a MR Holman from Marstons, stated that he had the right to force his way into his home and remove 3 owls in order to pay back arrears for Child Support. Mr Holman also threatened our member by stating his CRB license wouldbe revoked when he went to prison, this Mr Holman on behalf of Marston’s bailiffs used to try and intimidate and threaten our member. Mr Homan from Marston’s seems to be exceeding his jurisdiction as a bailiff as he cannot state whether anybody will go to prison, and our member clearly pointed out to Mr Holman that nobody can be sent to prison without legal representation.

 We the association have contacted several employees of Marston’s and have asked them for proof that they have authority to breach Magna Carta 1297 section 29 and to show proof that the courts they are working on behalf of are authorities and not merely run for profit companies, they just hang up on us and they have also refused to show this information when we wrote into them.

 

 Marston’s claim that “ WE ARE DOING THE RIGHT THINGS AND SEEKING TO DO THEM IN THE RIGHT WAY” obviously they need to have a word with a few of their employees as they are NOT doing the right things the right way. They claim to be the leading provider for High Court and Civil Enforcement Services throughout the United Kingdom, I wonder why they changed their name a few years ago then, and besides once they are served with the Notice of Removal of Implied Right of Access then their power is taken away from them, once our members served them with this notice they and the courts are powerless to do anything to you.

 

One of our members had a visit from a  gentleman by the name of C. Smith. Our member had an unlawful Liability Order granted against by a corrupt kangaroo court working the company trading as the Child Support Agency. Our member took our advice and served a document to the Courts, the CSA and Marston’s refusing them the right to enforce a Government Statute upon him, It also protected his Common Law rights.

 

 Our notice was also posted on the property of our member and the gentleman below A C. Smith from Marston’s tried to enter the property of our member, he was informed he was trespassing and so tried to make up a rule to suit himself and thought he had jurisdiction to enter. He thought that if he did not damage anything on the property then he was not trespassing, well he was quickly reminded that he was talking utter rubbish and out came the camera of our member. He did not object to being photographed.

 

 

As you can see his ID has run out it is only valid for two years and he attended our members property on the 5th May  so he is working as a Court bailiff against their own regulations, more corruption is being exposed as we now see the bailiffs are all in on the fraudulent behaviour too. This bailiff left with a flea in his ear