P.Dawson Arrested

Re: P.Dawson Arrested

Postby treeman » Wed Jan 08, 2014 1:48 pm

The Reverend has been released :cheer:
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Re: P.Dawson Arrested

Postby Zaniwhoop » Wed Jan 08, 2014 1:58 pm

Very glad to hear they didn't detain him for long, methinks the poo-lice :police: have bitten off more than they can chew. :cheer:
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to pay Paul can always depend on the support of Paul"

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Re: P.Dawson Arrested

Postby woodman » Wed Jan 08, 2014 2:18 pm

Indeed, good to hear he has been freed from his kidnappers, justice is waiting around the corner. :wink:

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Re: P.Dawson Arrested

Postby pedawson » Wed Jan 08, 2014 2:33 pm

We NOW have an IDEAL situation to put Musashies plan into action.
I have faith that it will work and I am confident that the NULL or VOID route would work for the court.
This puts me in a position I was sort of hoping for but unfortunately my missus got it in the neck by the poo-lice, they threatened her and my daughter with arrest if they didn't cough up my fine plus expenses.

This was a threshold entry - the door WAS closed and latched but the bailiff pushed his way in RIGHT into my lap so to speak and he is prosecuting for assault I will be in court 20 Jan. Less time to prepare so I might apply for an extension or not as the case may be.
We have 6 days to appeal the menacing way they extorted money from my wife. SHE is the householder not I, tenancy holder.

The police threatened her with arrest if she didn't pay up and they said they would take ANYTHING in the house and if she could not prove it was hers it would be sold.
IS THAT RIGHT? I think NOT.

I HAD sent the bailiff a cease and desist notice along with the implied right of access removal AND I gave it him at the door along with the unsolicited door caller (Bailiff) questionnaire, He flashed an unsigned distress warrant and stated he did NOT have to have the signed copy with him I was unable to inspect the document and THE COURT case that I did not get notification of nor was I informed - could NOT have a proper case management file so will definitely go there.
Send off the request for the case management doc and then sent the void notice.

Any stuff you guys can help with I would appreciate.

Namaste, rev phil;
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Re: P.Dawson Arrested

Postby musashi » Wed Jan 08, 2014 3:35 pm

one one thousand
two one thousand
three one thousand
check canopy!

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Re: P.Dawson Arrested

Postby treeman » Wed Jan 08, 2014 7:02 pm

musashi wrote:one one thousand
two one thousand
three one thousand
check canopy!
.


Wish you wouldnt do that, jumped out of my seat and landed on the dog. :giggle:
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Re: P.Dawson Arrested

Postby musashi » Wed Jan 08, 2014 7:51 pm

pedawson wrote: they said they would take ANYTHING in the house and if she could not prove it was hers it would be sold.
IS THAT RIGHT? I think NOT.


I am afraid that, if the raid was legal, then they would be able to do exactly that. Below I have extracted a piece of text from the Queen's Bench pdf. I posted up here - timely, it now seems. I believe that this applies to your standard bailiff as well as the HCEO, as it almost happened to me some years ago when I wrote my piece about "The Bailiff, The Police and Musashi". I was told the same thing.

"Where the High Court Enforcement Officer has seized goods in execution and
a person other than the person against whom the writ of execution was issued wishes
to claim the goods seized, s/he must give notice of his/her claim to the High Court
Enforcement Officer, including in his/her notice a statement of his/her address which
will be his/her address for service. The High Court Enforcement Officer will then give
notice of that claim to the judgement creditor on whose behalf the goods were seized,
in form PF 23. The notice requires the judgement creditor to state whether s/he admits
or disputes the claim. The claimant must do so within 7 days of receipt of the High
Court Enforcement Officer’s notice and may use form PF 24 to do so.

Where the judgement creditor admits the claim, the High Court Enforcement
Officer will withdraw from possession of the goods and may apply under RSC O.17
r.2(4) for an order to restrain a claim being brought against him for having taken
possession of the goods. Where the claimant disputes the claim, the High Court
Enforcement Officer may apply for interpleader relief. An application for interpleader
relief if made in existing proceedings is made by an application in accordance with
Part 23, otherwise it is made by the issue of a Part 8 claim form.

The Master may deal with the claims summarily, or may direct an issue to be
tried between the parties in dispute (see RSC O.17 r.5) or make such other order as is
appropriate."


I've extracted the entire section on enforcement from the pdf. and will attach it here for you or anyone who wants it. It's close to 4,000 words, though I recommend that you, and any other who might tangle with a bailiff or enforcement officer, read the whole pdf.
If he actually did gain entry and did a "walking possession" then he can, with aid of a constable, force entry next time.

The cops were way out of line to utter such threats, and my opinion is that that was blackmail pure and simple.
After a notice of removal of implied right etc he could be in big trouble. We got paperwork to do, bro.

Musashi.
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Re: P.Dawson Arrested

Postby pitano1 » Wed Jan 08, 2014 9:37 pm

http://www.dealingwithbailiffs.co.uk/invalidlevy.htm

i notice the notice..is a bit late,but it contains some info...
just in case.. :grin:

The occupier gives written formal notice that:-
Entry to this address is denied because the bailiff does not have a valid walking possession agreement.
You are further given notice that bailiffs without a valid walking possession agreement cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77, or Halsbury’s Laws of England loose leaf edition vol.1 paragraph 9.128 and originally from Semayne v Gresham [1604] Yelverton 29 or Seyman v Gresham [1604] Croke, Elizabeth 809 or P.18 Ed.IV fo.4 pl.19.
None of the following types of warrant carry a power to break open a door or enter by violence or allow a police constable to make or threaten an arrest for refusing to open a door.
Distress Warrant – Court fines, Section 76 of the Magistrates Courts Act 1980
Warrant of Execution – Traffic debts, Part 75.7 of the Civil Procedure Rules
Liability Order – council tax, business rates, child support, Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992 or Regulation 12 of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 or Regulation 33 of the Child Support Act 1991.
High Court writs and county court judgments.
The law requires the warrant to be produced on demand and this notice is that demand. For court fines, the law is part 52.8(2)(c) of the Criminal Procedure Rules 2013, it cannot be a counterfeit warrant, the genuine distress warrant has the HM court service logo on its top left.
All persons to whom this notice is handed is no longer under a duty of execution of a warrant and is now under a duty to withdraw from the property with all due reasonable speed, Morris v Beardmore [1980] 71 Cr App 256 and will attract a liability for damages for failing to do so. This notice also applies to all police officers present, Davis v Lisle [1936] 2 KB 434
If a police constable aids a bailiff to gain forceful entry by using a police power of entry, then nothing that follows is valid and the police force is jointly liable for damages with the authority the bailiff is working under the precedent set by the case of Skidmore v Booth [1834] 6 C&P 777. The constable is personally liable for damages in a civil claim following Lister and Others v. Hesley Hall Limited [2001] UKHL 22 and may also be subject to a disciplinary action.
A person refusing entry or asking the bailiff to leave is not committing a breach of the peace. If a bailiff refuses to leave when asked, the occupier can lawfully use reasonable force to remove him and the bailiff resisting is the person guilty of a breach of the peace and must be arrested. Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705
The constable must check the bailiff’s certificate and his warrant giving authority to levy distress but if he is unable to present these documents then the constable is required to remove the bailiff away from the premises until his authority can be established.
If the debt is a traffic debt and the person does not have a bailiff’s certificate then the constable must arrest the person for committing an offence under 125b of the County Courts Act 1984 or Section 78(7) of the Road Traffic Act 1991 as the case may be.
Nothing in a warrant issued under section 29 of the Taking Control of Goods Regulations 2013 is a license to break entry, or employ a locksmith to open a property.
If you are a constable in possession of a search warrant under section 8 of the Police & Criminal Evidence Act 1984 then you must show it immediately by placing it face up at a window of the property or push it through the letter-box and you may attach it to a lanyard it you wish. You must now say clearly what criminal offence for which I or other occupier is a suspect.
Proof of knowledge of this information and notice is supported by a photograph of you checking this document; or if I am reading this aloud it is being recorded by means of continuous video. I now respectfully ask that you all quietly leave the property because you are now under a duty to do so with all reasonable speed. If this document is in written form, you may keep it and seek your own legal advice in your own good time.
Please note that everything you say and do is on video and may be given in evidence.
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
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Re: P.Dawson Arrested

Postby knightron » Fri Jan 10, 2014 3:45 pm

Hi mate glad to see you guys are on top of thins..Here is a Little passage I like to add if I may..;)

“S40 Punishment for unlawful harassment of debtors".

1. A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-
* harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

* falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;
* falsely represents himself to be authorised in some official capacity to claim or enforce payment;[/b]
or
* utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

Hope you didn't restrain him too hard Phil...lol
ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ
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Re: P.Dawson Arrested

Postby bustachemtrails » Sat Jan 11, 2014 2:53 am

The Administration of Justice Act 1970 is a Act that was created under treasonous legislation and is therfore not law. By using their unlawful rules against them we give a). credulity to those 'rules'. b). Their illicit trading 'service' more trade and, chance to pillage from the taxation of the people c). slim chance of reestablishing properly convened courts of law. We should demand no other as it it unconstitutional to deny or even delay our due process of law.

In my experience nobody seems keen to make themselves liable for high treason... I wonder why?
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