looking for a ph lawyer.
Discussion
got a situation where bailiffs are attempting to remove my stock.nothing to do with me ,i can prove it belongs to me and not the previous owner.looking for a bulldog of a lawyer to unleash on these lowlives. can anybody help? my usual lawyer is just into conveyancing and not comfortable in this situation.pm if you wish,thank you in advance,jas
Edited by jas xjr on Thursday 19th February 14:02
No I can appreciate that. Make sure they are fully aware that you have ownership and possession of the property and not the person they are seeking, and as such they have no lawful right to enter nor take possession of any property, and that action will taken against them personally for any breach. A lot of them think they are immune from suit, they are not. Do they have a court order?
Ah, if they are applying for a court order then surely they aren't bailiffs. Are you sure they aren't just debt collectors?
If they are lying to you then they are committing fraud. Fraud Act 2006 Section 2: http://www.opsi.gov.uk/acts/acts2006/ukpga_2006003...
ETA, Bailiffs *should* be acting on a court order that has already been made.
If they are lying to you then they are committing fraud. Fraud Act 2006 Section 2: http://www.opsi.gov.uk/acts/acts2006/ukpga_2006003...
ETA, Bailiffs *should* be acting on a court order that has already been made.
Edited by Timsta on Thursday 19th February 14:47
Timsta said:
Ah, if they are applying for a court order then surely they aren't bailiffs. Are you sure they aren't just debt collectors?
If they are lying to you then they are committing fraud. Fraud Act 2006 Section 2: http://www.opsi.gov.uk/acts/acts2006/ukpga_2006003...
ETA, Bailiffs *should* be acting on a court order that has already been made.
cheers for that,hence why i am looking for someone qualified to deal with these peopleIf they are lying to you then they are committing fraud. Fraud Act 2006 Section 2: http://www.opsi.gov.uk/acts/acts2006/ukpga_2006003...
ETA, Bailiffs *should* be acting on a court order that has already been made.
Edited by Timsta on Thursday 19th February 14:47
A bit of 'pub talk' really but it may help.
You have to try and get the Bailiffs to withdraw by proving ownership of the goods. However many these days will take the view that they will take the goods first and return them if proven to be yours after the event. Point out the Resistration of Business Names Act plaque and anything else in the shop, even PAYE records or VAT registration to show that you and the previous occupier are not one and the same.
You may get them to agree to a 'Walking Posession Order' which says that goods can remain on site you but won't sell them except in the normal course of your business (and will replace them with similarly valued items)Then once they leave, make an applcation for an Injunction. to prevent removal of goods until ownership is established, citing that you agreed to the Walker because it was the only way to mitigate the costs of the Distraint. You can do this yourself but it's normally Solicitor territory. It is an important point that you will be prejudiced more by the removal than the Claimant would be by leaving them there. I think the Bailiff needs to indemnify you against losses if the Distraint proves to be flawed.
You may need to identify the court action which has resulted in the Distraint and file an Interpleader to have your interest in the matter recognised.
The practical problem you face is one of escalating costs. Bailffs are mostly private firms and once they have incurred costs like transportation and storage they will fight tooth and nail not to compromise.
I am not a Lawyer and those who are will probably be along in a minute to tell you this is rubbish.. Still you never know, it may be useful!
You have to try and get the Bailiffs to withdraw by proving ownership of the goods. However many these days will take the view that they will take the goods first and return them if proven to be yours after the event. Point out the Resistration of Business Names Act plaque and anything else in the shop, even PAYE records or VAT registration to show that you and the previous occupier are not one and the same.
You may get them to agree to a 'Walking Posession Order' which says that goods can remain on site you but won't sell them except in the normal course of your business (and will replace them with similarly valued items)Then once they leave, make an applcation for an Injunction. to prevent removal of goods until ownership is established, citing that you agreed to the Walker because it was the only way to mitigate the costs of the Distraint. You can do this yourself but it's normally Solicitor territory. It is an important point that you will be prejudiced more by the removal than the Claimant would be by leaving them there. I think the Bailiff needs to indemnify you against losses if the Distraint proves to be flawed.
You may need to identify the court action which has resulted in the Distraint and file an Interpleader to have your interest in the matter recognised.
The practical problem you face is one of escalating costs. Bailffs are mostly private firms and once they have incurred costs like transportation and storage they will fight tooth and nail not to compromise.
I am not a Lawyer and those who are will probably be along in a minute to tell you this is rubbish.. Still you never know, it may be useful!
Timsta said:
I wouldn't even entertain at Walking Posession Order. I wouldn't even let them in. Get all the paperwork you can off them. They need to be licensed as well, so check those too. Copies of everything, just in case.
absolutely! Jus tell them the matter has nothing to do with you and you will hit them with everything possible from a prosecution under the Protection from Harassment Act, through assault (you feel threatened with physical harm), to fraud and defamation (if others are around to hear them allege you are a defaulting debtor).Do not let them in. They will not get a court order against you if you have no debt.
jas xjr said:
they are applying for a court order , so i have some time yet. cheers for the reponses guys
Applying for a court order? They don't have one yet, means they don't have any right to take possession of your property nor to enter your property. Suggest you advise them that they are harassing you and you will take the appropriate action. You will also want to ensure they copy you in on any application made to the court, and I'd put them on notice right now that you will seek costs and damages in defending this matter. Send it recorded delivery.Jasandjules said:
jas xjr said:
they are applying for a court order , so i have some time yet. cheers for the reponses guys
Applying for a court order? They don't have one yet, means they don't have any right to take possession of your property nor to enter your property. Suggest you advise them that they are harassing you and you will take the appropriate action. You will also want to ensure they copy you in on any application made to the court, and I'd put them on notice right now that you will seek costs and damages in defending this matter. Send it recorded delivery.Gassing Station | The Lounge | Top of Page | What's New | My Stuff