Police & Bailiffs


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The role of the Police in this country is to uphold the law and prevent a breach of the peace. That is their primary function. They should do this with Fairness, Impartiality and uphold FUNDAMENTAL HUMAN RIGHTS. This is part of their oath of office which they swore to the Queen and is laid out in full in an earlier post.

The reason I am writing this is because of the number of alarming incidents where the Police have been called to properties where people are peacefully resisting the repossession of a home. Which is their fundamental right. The Police are turning up and assisting bailiffs, sometimes using violence or allowing the bailiffs to use violence in clear contradiction to the law.

A property cannot be taken by force and is clearly laid out in Fisher and lightwood 13th edition – Law of Mortgages pages 588 & 590 – taking peaceable possession, section 29.9

(((If physical possession is to be taken it must be taken peaceably. If violence is used to secure entry, the mortgagee may be liable to prosecution under criminal law, although the mortgagor will have no civil remedy against the mortgagee.

Violence need not only be against the person, but may also be in the manner of entry, as breaking open the doors of a house; save where the mortgagor consents to the mortgagee taking actual possession, which will be rare. The occasions where taking physical possession of the property will be rare and generally only possible where the mortgagor has abandoned the property. Only HMRC can forcibly enter a property)))

The role of any Police officer is to protect the people not fictitious corporations. Force cannot be used in a civil matter and the banks and their bailiff goons have no power at all when it comes to a conscious human being standing between them and their plunder.

I cannot stress the importance of research and how easy it can be. If you are in the position where your house may be repossessed then all this research above took about 3 hours. Nothing if you are going to lose the roof over your head.

A paper world cannot rule the physical world!

JKW

http://www.legislation.gov.uk/ukpga/1977/43

http://www.legislation.gov.uk/ukpga/1977/45

The protection from eviction act 1977 chapter 43, section 1, subsection 2 states if any person unlawfully deprives the residential occupier of any premises of his occupation of the premises or any part thereof, or attempts to do so, he shall be guilty of an offence unless he proves that he believed and had reasonable cause to believe that the residential occupier had ceased to reside in the premises.

The criminal law act 1977 chapter 45 section 6 subsection 1 states subject to the following provisions of this section any person who without lawful authority uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence provided that (a) there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure: and (b) the person using or threatening the violence knows that this is the case

Fisher and Lightwood 13th edition costs around £340 and they protect it from being available on the internet – that’s why there is no research link.

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