Police confirm bailiff cannot break entry

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Michelle
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#36 Re: Police confirm bailiff cannot break entry

Post by Michelle » 15 Oct 2016 10:39

stopbailiff wrote: I was offering my opinion for 9 months on Legalbeagles, er because I possess a wide knowledge.
Hardly a long life as a Beagle, was it? I was there for three years and, unlike yourself, didn't get banned over anything I posted. The Beagles had their own agenda and didn't like people recommending solicitors, only shortly after that, they set up their own solicitor comparison site.

Anybody who plays along with the Mad Dogs is allowed to offer their opinion for as long as they want, and the Beagles themselves don't possess a wide knowledge, so they wouldn't know any better, how would they? Not until someone who does possess a wider knowledge came along. :geek: That's when you got banned. :twisted:
stopbailiff wrote:Ban him! both you and Jason say when I say something a little challenging for your conventional thinking brains.
Actually, it was the Beagles who banned you, not us. Isn't that an indication that we are, perhaps, a bit more open than them? :roll:
stopbailiff wrote:I have studied far more law formally than any you have.
There we go again. :cry: :( :x
stopbailiff wrote: Yet you say ban me! Not one of you understand that statute has an hierarchal order
The word is "hierarchical". You claim to understand a word you're not even familiar with.
stopbailiff wrote:and some statutes have more priority ie constitutional acts (inter alia TCEA 2007 being no exception), and constitutional common law, not that any of you will remotely understand these 'challenging concepts.'
Yes, we do understand the general picture, however, this is a practical help site, not a legal discussion forum. When people have a bailiff at the door and a crying baby inside, they are, somehow, less inclined to read about all those challenging concepts, so we don't post them up on their threads. :ugeek:
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#37 Re: Police confirm bailiff cannot break entry

Post by Michelle » 15 Oct 2016 10:46

jasonDWB wrote:
stopbailiff wrote: Jason quotes human rights act but does not understand how it operates.'
Where?

& why drag me into all this?
It was actually stopbailiff who quoted it, only yesterday, right here: viewtopic.php?f=10&t=3990&p=58592&hilit ... hts#p58592
stopbailiff wrote:It doesn't mean there can't be human rights' claims is all am saying.

and here: viewtopic.php?f=10&t=3990&p=58589&hilit ... hts#p58589
stopbailiff wrote:My point, is the point of law could not be based on the SI but has to be point of law via the parent Act's section/ provision, ie s.62 or Sched 12, TCEA itself. The secretary of state cannot cite his own law in a court that Parliament has not passed. All statute provides the government of its day to make regulations as these are supposed to deal with the statute's details.

Even in CPR, there is no relevant definition to 'enforcement-services'...so this could lead to human rights or Equality Act claims where relevant.
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#38 Re: Police confirm bailiff cannot break entry

Post by Pote Snitkin » 15 Oct 2016 10:53

I think Jason has only ever mentioned the HRA maybe half a dozen times since the site was set up.
On 25/07/17, Dodgeball said "Telling the truth isn’t slander, in fact, it wouldn’t be slander anyway, as that is verbal not written. Liable is the word you are looking for." Discuss.

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#39 Re: Police confirm bailiff cannot break entry

Post by Michelle » 15 Oct 2016 11:04

stopbailiff wrote:Because Jason, when you don't agree with me you say the same thing as Pote, ie ban me. Being objective, Jason, in my view you're good if not excellent at general bailiff law in what I have observed thus far. However, you do not understand other statutes or its hierarchy where relevant, including Human Rights Act. I do however understand these concepts pretty much inside out as it were, because I studied public law and incidentally criminal law in a joint course.
You understand the concepts but not their application. There is a hierarchy as you say, and high level laws such as the HRA set out some basic concepts, and they are supplemented with lower level laws that take care of the detail. The HRA says we all have a right to our private and family life and correspondence to be respected, amongst other things, but it doesn't go into detail as to how that applies to each specific area. That's where other statutes come in, such as the TCEA 2007, which sets out the basis for enforcement, but leaves the fine detail up to regulations such as TCGR 2013. Your human rights are protected by all that delegated legislation and it's not very often that one has to go all the way up to the top, such as the HRA. :ugeek:

It would be more useful if you knew of any case law where the HRA has been used to protect people from enforcement action as opposed to just quoting the concepts in principle. :geek: :geek: :geek:
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#40 Re: Police confirm bailiff cannot break entry

Post by Pote Snitkin » 15 Oct 2016 11:09

Exactly Michelle. For example, art8 enshrines the right to privacy and family etc, but it also says these can be lawfully restricted, ie, sending someone to prison, court orders and so on.
On 25/07/17, Dodgeball said "Telling the truth isn’t slander, in fact, it wouldn’t be slander anyway, as that is verbal not written. Liable is the word you are looking for." Discuss.

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#41 Re: Police confirm bailiff cannot break entry

Post by stopbailiff » 15 Oct 2016 11:19

Michelle wrote:
stopbailiff wrote:Because Jason, when you don't agree with me you say the same thing as Pote, ie ban me. Being objective, Jason, in my view you're good if not excellent at general bailiff law in what I have observed thus far. However, you do not understand other statutes or its hierarchy where relevant, including Human Rights Act. I do however understand these concepts pretty much inside out as it were, because I studied public law and incidentally criminal law in a joint course.
You understand the concepts but not their application. There is a hierarchy as you say, and high level laws such as the HRA set out some basic concepts, and they are supplemented with lower level laws that take care of the detail. The HRA says we all have a right to our private and family life and correspondence to be respected, amongst other things, but it doesn't go into detail as to how that applies to each specific area. That's where other statutes come in, such as the TCEA 2007, which sets out the basis for enforcement, but leaves the fine detail up to regulations such as TCGR 2013. Your human rights are protected by all that delegated legislation and it's not very often that one has to go all the way up to the top, such as the HRA. :ugeek:

It would be more useful if you knew of any case law where the HRA has been used to protect people from enforcement action as opposed to just quoting the concepts in principle. :geek: :geek: :geek:
Michelle, I had to pass Public law and Criminal (LLB module), ie W201 to law degree standard before I could do another LLB law module: ie W200, W300 etc.

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#42 Re: Police confirm bailiff cannot break entry

Post by stopbailiff » 15 Oct 2016 11:24

Michelle wrote:
stopbailiff wrote:Because Jason, when you don't agree with me you say the same thing as Pote, ie ban me. Being objective, Jason, in my view you're good if not excellent at general bailiff law in what I have observed thus far. However, you do not understand other statutes or its hierarchy where relevant, including Human Rights Act. I do however understand these concepts pretty much inside out as it were, because I studied public law and incidentally criminal law in a joint course.
You understand the concepts but not their application. There is a hierarchy as you say, and high level laws such as the HRA set out some basic concepts, and they are supplemented with lower level laws that take care of the detail. The HRA says we all have a right to our private and family life and correspondence to be respected, amongst other things, but it doesn't go into detail as to how that applies to each specific area. That's where other statutes come in, such as the TCEA 2007, which sets out the basis for enforcement, but leaves the fine detail up to regulations such as TCGR 2013. Your human rights are protected by all that delegated legislation and it's not very often that one has to go all the way up to the top, such as the HRA. :ugeek:

It would be more useful if you knew of any case law where the HRA has been used to protect people from enforcement action as opposed to just quoting the concepts in principle. :geek: :geek: :geek:
No, case law is the overriding power as HRA is merely the starting point. 1) Right to Privacy is a 'qualified right' meaning it's not automatic, ie the state can interrupt them in some situations. TCEA 2007 has nothing to do with human rights save potentially impede them. 2) Common law sets out the tests for HRA based on Convention Articles via the European Court of Human Rights. 3) Any interruption in human rights have be justified: legitimate aim and principal of proportionality, again based on ECHR case law.

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#43 Re: Police confirm bailiff cannot break entry

Post by Michelle » 15 Oct 2016 11:25

Pote Snitkin wrote:Exactly Michelle. For example, art8 enshrines the right to privacy and family etc, but it also says these can be lawfully restricted, ie, sending someone to prison, court orders and so on.
Yes, and the circumstances where the above applies are set out in other statutes that took into account the wording of the HRA when they were drafted by Parliament. Those statues, in turn, enabled the relevant bodies to pass legislation to implement the fine detail, such as the Criminal Procedure Rules. If you have any issues, you'll need to look at these rules first, before going all the way up to the HRA.
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#44 Re: Police confirm bailiff cannot break entry

Post by Michelle » 15 Oct 2016 11:27

stopbailiff wrote: Michelle, I had to pass Public law and Criminal (LLB module), ie W201 to law degree standard before I could do another LLB law module: ie W200, W300 etc.
You never give up, do you? :cry: :( :roll:
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#45 Re: Police confirm bailiff cannot break entry

Post by Michelle » 15 Oct 2016 11:34

stopbailiff wrote: No, case law is the overriding power as HRA is merely the starting point. 1) Right to Privacy is a 'qualified right' meaning it's not automatic, ie the state can interrupt them in some situations. TCEA 2007 has nothing to do with human rights save potentially impede them.
BINGO! You've got my point! :mrgreen: :mrgreen: :mrgreen: There are circumstances where your HRs can be lawfully suspended, and those circumstances are as described in other legislation. If, as you say TCEA 2007 can affect your human rights, then, as long as an EA is acting within the confines of that law, you'd be hard pressed to argue HR breaches, and there are regulations that deal with the minutiae of enforcement notices and warrants. You'd have to look at all that before moving up to the next level, which is what we do here, while you start quoting the HRA. :geek: :geek: :geek:
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#46 Re: Police confirm bailiff cannot break entry

Post by stopbailiff » 15 Oct 2016 11:35

Am just stating a fact as you say I cannot apply law to facts. I had to complete 6 assignments on the joint public law and criminal course, in that there were public law and criminal law content in the same questions.

download/file.php?mode=view&id=2419
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#47 Re: Police confirm bailiff cannot break entry

Post by stopbailiff » 15 Oct 2016 11:51

Here's my commercial law course website too

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#48 Re: Police confirm bailiff cannot break entry

Post by Pote Snitkin » 15 Oct 2016 12:02

Drocca, the screenshots are meaningless. Post up proof that you passed these courses - post up the certificates.
On 25/07/17, Dodgeball said "Telling the truth isn’t slander, in fact, it wouldn’t be slander anyway, as that is verbal not written. Liable is the word you are looking for." Discuss.

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#49 Re: Police confirm bailiff cannot break entry

Post by Schedule 12 » 15 Oct 2016 14:02

Drocca, if you have a qualification you want others to know about, then why not put them in your signature. Qualified LLB.

I don't have an LLB, but I do have a diploma, but the subject is nothing do with bailiffs. The current course and qualifications in taking control of goods are understood to be written by Andrew Wilson.

I also have other qualifications, but none remotely aligned with law. But I don't need to post up degrees and diplomas because they are just not relevant. In any case, they date back to the 80's. Apart from a diploma and maintaining CPD, I have not taken any new qualifications. I only did a diploma because I needed the education. Not for the qualification. I have nobody to show it to.
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#50 Re: Police confirm bailiff cannot break entry

Post by Tony72 » 15 Oct 2016 16:01

Thank you Pote

It appears that stopbailiff does not take too kindly to you

By the way, as far as I am concerned, offering opinion is just that , an opinion. As my late father in law used to say
Opions are like "A holes" everybody has one

I must admit, he was a little blunter than that, he had no education but he was dead right on that point.

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#51 Re: Police confirm bailiff cannot break entry

Post by stopbailiff » 17 Oct 2016 10:25

jasonDWB wrote:Drocca, if you have a qualification you want others to know about, then why not put them in your signature. Qualified LLB.

I don't have an LLB, but I do have a diploma, but the subject is nothing do with bailiffs. The current course and qualifications in taking control of goods are understood to be written by Andrew Wilson.

I also have other qualifications, but none remotely aligned with law. But I don't need to post up degrees and diplomas because they are just not relevant. In any case, they date back to the 80's. Apart from a diploma and maintaining CPD, I have not taken any new qualifications. I only did a diploma because I needed the education. Not for the qualification. I have nobody to show it to.
The fact I studied LLB, it does not make me qualified, in does however make me rather well educated, but it does not make me 'qualified' per se, which is why I always say 'my opinion' and not, 'my advice.'

I however possess a relevant qualification in commercial law which is incidentally a legal practice course. Nevertheless, it still doesn't make me qualified in the legal context of the solicitor or barrister, but it makes me educated on 'security' matters, ie agency law; debtors and creditors, which is a broad sub-discipline of 'commercial transactions.' Commercial law comprises everything pretty much available to a creditor against a debtor, ie selling debts (receivables); property charge types on chattel or land, on businesses, ie 'floating charges, right down to the more complex, ie EU and UK competition law; company insolvency, bank insolvency, commercial contracts, to name but a few.

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#52 Re: Police confirm bailiff cannot break entry

Post by Schedule 12 » 17 Oct 2016 10:50

I am not persuaded by this.
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#53 Re: Police confirm bailiff cannot break entry

Post by Amy » 17 Oct 2016 11:48

jasonDWB wrote:I am not persuaded by this.
Did you actually read it? I couldn't be bothered to.

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#54 Re: Police confirm bailiff cannot break entry

Post by Schedule 12 » 17 Oct 2016 11:58

I did read it but it does nothing to help anyone with a bailiff problem.
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