rtbiscuit Posted June 20, 2013 Share Posted June 20, 2013 i got to 13 minutes and lost interest, but from what i can see is this not just delay tactics? as far as i'm aware it hasn't stopped the house from repossession, just delayed it until the balliffs have toe correct paper work? Quote Link to comment Share on other sites More sharing options...
MidnightRacer Posted June 20, 2013 Share Posted June 20, 2013 Id Agree, all be it done very well it was just delaying something because of a paperwork error. i did chuckle when they made reference to the mortgage signature meaning you created the funds.... Ill cancel the direct debit now! Quote Link to comment Share on other sites More sharing options...
stuarty Posted June 20, 2013 Share Posted June 20, 2013 (edited) I watched the whole clip and i thought the beneficiary and his associates represented themselves very well. I understand that the mortgage should have been paid, but he or the owner of the house only conducted their finances the same ay that the banks have been conducting their's for years, not very well. Whats the difference between a household messing things up and banks doing the same, all be it on a massive scale. Under the current climate i think banks should be showing their borrowers the same compassion as the tax payers of this island have shown them. I understand that the guy may have irritated a few viewers, but come on, its not a car we are talking about its someone's home!! I'm disgusted by the bailiffs attitude's and the unprofessional manner in which they represented their employer's. I cant believe that a court or a mortgage provider would employ the like's. The Police also stayed totally impartial until they collated all the evidence and came to the legal solution. I'm not praising the fella for not paying his mortgage but he had to do what he had to do! Finally, i can honestly say, i would not have stayed as calm. If those two fat slags had of spoke to me like that i would have went out in a blaze of glory and happily done the time! Edited June 20, 2013 by stuarty Quote Link to comment Share on other sites More sharing options...
Mgharris2182 Posted June 20, 2013 Share Posted June 20, 2013 I have unfortunately been in the situate where I had bailiffs come to my house. It was not a fun situation. I had some mega bad luck. I wish I knew more like this guy did to bide more time!! Fair plays to them. Bailiffs are scum. I dispise them with a passion. 1 Quote Link to comment Share on other sites More sharing options...
stuarty Posted June 20, 2013 Share Posted June 20, 2013 I'm going to be thick here, but do we have Bailiff's in Scotland? Quote Link to comment Share on other sites More sharing options...
Mrs Keyser Posted June 20, 2013 Share Posted June 20, 2013 I sort of get it - the baliffs had the wrong paperwork and the beneficiary knew this - however............and this is a big "however" - someone has NOT paid the bills - the bank ARE entitled to get their collatoral back - its just the way THAT particular baliff went about it ............ NOT acceptable That's exactly the point that this video was trying to make. Although the bank has the right to repossess the property, the bailiff needs sacking as he was clearly breaking the law and no-one can dispute this. It is a technicality that they are arguing and I don't agree with the guys comment that it was going through court. At the end of the day the bailiffs warrant was issued, if he wanted it cancelled then he should of asked for a stay of execution. However the bailiff played right into his hands and he ended up winning that round but the bank would win the fight in the end. Quote Link to comment Share on other sites More sharing options...
Mrs Keyser Posted June 20, 2013 Share Posted June 20, 2013 Is there even such a law as trespass in this country? yes, The Criminal Justice and Public Order Act 1994 Quote Link to comment Share on other sites More sharing options...
Ricey Posted June 20, 2013 Share Posted June 20, 2013 I'm going to be thick here, but do we have Bailiff's in Scotland? yes the sheriff appoints them. EJO does it in Ireland. I specifically work in a litigation department for a mortgage lender so I can categorically tell you how it is. The bailiff is acting in a totally inappropriate manner. The court and the bank would absolutely go spare if they saw the way he's conducted himself. The mortgage may well be in arrears and the warrant does allow them to take possession of the property however it does not give them any authority to use strong arm tactics. If someone refuses to vacate or is aggressive then the police must be called. Re all the other crap he starts quoting - yes it has legal standing but only if the bailiff acts in the twattish manner that this dick has done. Most bailiffs are very good. Peaceable Possession is also referring to a legal remedy where a property is abandoned or there is no one to represent the estate - the lender can peaceably take the property into possession. This clearly doesn't apply in this case so Christ knows why he's quoting that crap. The bloke is right though - they must NOT use violence and to my mind they were far too aggressive. This does sound very much like a deceased property where the beneficiary has not engaged with the lender and they have gone down the peaceable possession route - the beneficiary has then reared their head and therefore the lender requires an outright possession order which is then enforceable after 28 or 56 days - at this point if the mortgage is not redeemed they are legally entitled to apply for an eviction date. Also its worth noting that when a customer is deceased and there are no other parties to the mortgage the entire debt becomes repayable. The lender will try to engage with the personal representatives of the estate to work towards an amicable exit from the mortgage. Quote Link to comment Share on other sites More sharing options...
spursmaddave Posted June 20, 2013 Share Posted June 20, 2013 I stopped as soon as I heard the guy had a scouse accent 1 Quote Link to comment Share on other sites More sharing options...
Ricey Posted June 20, 2013 Share Posted June 20, 2013 Christ..............just got to the end where he's trying to 'sell' their campaign against the banks and the fact that everyone mortgage is invalid. What a load of shite. 'The reason we're in a major recession is not due to us, its due to the banks' FML...........and not paying your mortgage really helps the banks and economy isnt it dickhead. Always on the lookout for a loophole some choppers are aint they! Quote Link to comment Share on other sites More sharing options...
spursmaddave Posted June 20, 2013 Share Posted June 20, 2013 The reason we are in trouble is the banks lending money for mortgages and credit cards that could never be paid back, easier to blame the bank than look in the mirror... Quote Link to comment Share on other sites More sharing options...
Stutopia Posted June 20, 2013 Share Posted June 20, 2013 Yeah, but there's two sides to any bad debt. Bad borrower is one, incorrect risk management by the lender is the another. Out of those two, the lender is supposed to be the informed & trained professional. But let us not forget the regulator too, they're supposed to keep an eye on things and they missed something pretty big in the run up to meltdown. 1 Quote Link to comment Share on other sites More sharing options...
sipar69 Posted June 21, 2013 Share Posted June 21, 2013 The key point is that the Bailiffs behaved in a totally inappropriate manner. Insulting people and threatening to "knock them out" is totally unacceptable. The job of a bailiff is to enforce a court order in a lawful manner. Their behaviour was totally unlawful. They behaved like complete thugs and I hope they lost their jobs as a result. If you can't keep your cool you're in the wrong job. Quote Link to comment Share on other sites More sharing options...
Harryjax Posted June 22, 2013 Share Posted June 22, 2013 25 minutes, Adrian, you have too much time, give me your job!! , Oh, please I don't have a job, honest!!! Just to give you an idea about my working life: - went to sleep 5:30am this morning - started to get calls as of 7:00am, by the time I woke up, I had 22 missed calls, 6 voice mails and few tens of emails business related, not spam or forum etc - 14:15 as I type - haven't had lunch or breakfast yet Do you still want my job? Sounds like a cushy number. Quote Link to comment Share on other sites More sharing options...
Harryjax Posted June 22, 2013 Share Posted June 22, 2013 (edited) 25 minutes, Adrian, you have too much time, give me your job!! , Oh, please I don't have a job, honest!!! Just to give you an idea about my working life: - went to sleep 5:30am this morning - started to get calls as of 7:00am, by the time I woke up, I had 22 missed calls, 6 voice mails and few tens of emails business related, not spam or forum etc - 14:15 as I type - haven't had lunch or breakfast yet Do you still want my job? Sounds like a cushy number. Dam this phone sorry for repeat post. Edited June 22, 2013 by Harryjax Quote Link to comment Share on other sites More sharing options...
HaydnH Posted June 22, 2013 Share Posted June 22, 2013 My only diassapointment was that even after telling the bailiffs that they had no right, advising them against trespassing and then watching the bailiffs disregard him and commit an offence of trespass, he didn't arrest them and just told them to go. Actually that's pretty much all the officer could do as you can't actually get arrested for civil trespass, the trespasser does have to leave if asked by the landowner, the landowner may use reasonable force to remove them if they resist and they may sue the trespasser if damage to property occurs. In most trespassing cases the police won't even attend unless they believe another crime is likely to be committed. There is a list of places that would be deemed as criminal trespass though (The queen's house, MOD sites, that kinda thing). Quote Link to comment Share on other sites More sharing options...
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