Dear Liam, I truly thank you for responding to me, but here is the bottom line.
You have diverted my suggestion to you by advising me to state my opinions on
your site which will be diluted by others opinions and in fact lost.
It needs more than that. It needs a more aggressive policy from your head
office which gives advice to debtors some of which are sleeping on our streets
because they have been unlawfully evicted from their homes.
Get This: The Government website advises people that Bailiffs have a right to
break into people's homes to enforce warrants. They do not. If the headine of
your organisation does not promote this then you cause more harm than good. So
let me have a truthful answer. What is the real purpose of yoour organistion?
________________________________
From: Liam Hill <liam.hill@xxxxxxxxxxxxxxxxxxxxxxxx>
Sent: 21 December 2018 17:45
To: john TIMBRELL
Subject: Re: Help us Stop the #DebtThreats
Dear John,
Thank you for your email and please accept my apologies for the delay in
getting back to you.
We appreciate you taking the time to share your thoughts with us - with your
permission I would like to share your email with our Policy and Research Team
for their consideration.
It sounds from your email like you might be interested in the Taking
Control<https://www.bailiffreform.org/> campaign for Bailiff Reform, which is
run by a coalition of charities including Money and Mental Health.
Thank you again for taking the time to write to us.
Best wishes,
Liam
On Tue, Dec 4, 2018 7:55 AM, john TIMBRELL
johntimbrell@xxxxxxxxxx<mailto:johntimbrell@xxxxxxxxxx> wrote:
Helen, By learning the existing law you could do much more to help. let's
start at the most serious end. Being imprisoned for debt is contrary to article
1 ofthe European Human rights act. Yet people are being imprisoned for non
ppayment of council tax.
Bailiffs letters are clearly against the present law because they are demanding
money with menaces.
If I complain to the police of these crimes they ignore me.
If your organisation complained publicly to the police it would at least
publicise these crimes.
I can act in individual cases stopping police forcing entry into houses by
assisting bailiffs executing warrants which are unlawful documents. see this
stated case which reinforces our common law.
Halliday v Neville (1984) 155 CLR 1, 10 (Brennan J). Brennan J was quoted in
Plenty v Dillon (1991) 171 CLR 635, 639
Similarly, in Halliday v Nevill (1984), Brennan J said:
The principle applies alike to officers of government and to private persons. A
police officer who enters
[8]<https://www.alrc.gov.au/publications/common-law-right-3#_ftn8>or remains on
private property without the leave and licence of the person in possession or
entitled to possession commits a trespass and acts outside the course of his
duty unless his entering or remaining on the premises is authorized or excused
by law.H
Law in this case means common law which is superior to statute law.
AND
These rights have long been exercisable against the Crown or government
officers acting outside their lawful authority. After citing the passage above,
Mason CJ, Brennan and Toohey JJ in Plenty v Dillon (1991) said that the
principle in Entick v Carrington ‘applies to entry by persons purporting to act
with the authority of the Crown as well as to entry by other
persons’.[6]<https://www.alrc.gov.au/publications/common-law-right-3#_ftn6>Their
honours then quoted Lord Denning adopting a quotation from the Earl of Chatham:
The poorest man may in his cottage bid defiance to all the forces of the Crown.
It may be frail—its
roof[7]<https://www.alrc.gov.au/publications/common-law-right-3#_ftn7> may
shake—the wind may blow through it—the storm may enter—the rain may enter—but
the King of England cannot enter—all his force dares not cross the threshold of
the ruined tenement.’ So be it—unless he has justification by law.
Learn the difference between lawful and legal. You could then really help those
suicidal people instead of kicking the can down the endless road. Sincerely,
John Timbrell.
________________________________
From: Helen Undy - Money and Mental Health <contact@xxxxxxxxxxxxxxxxxxxxxxxx>
Sent: 03 December 2018 20:00
To: johntimbrell@xxxxxxxxxx
Subject: Help us Stop the #DebtThreats
Will you support our new campaign?
View this email in your
browser<https://mailchi.mp/moneyandmentalhealth/newsletter-stop-the-debt-threats?e=7eafcb614d>
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Hello,
You may have noticed that you didn't receive your usual monthly newsletter on
Friday - that's because we had some big news to share with you today: we're
launching a new suicide prevention campaign, and we'd love your support.
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Sign the
petition<https://moneyandmentalhealth.us12.list-manage.com/track/click?u=f994c99a32416c588c17e7da8&id=73b268f874&e=7eafcb614d>
Our new research shows that each year over 100,000 people in problem debt
attempt to take their own lives in England. There are normally a wide range of
issues that contribute to someone feeling suicidal. But one factor which can
make people feel like there’s no way out is the letters they receive from
lenders.
These are often intimidating, written in complex language and can feature
threats of court action right at the top. Receiving these letters from multiple
lenders on a daily basis can leave people feeling unable to see a solution to
their situation. Worst of all, it is destroying lives.
We’re calling on the Government to change the out-of-date rules which dictate
the content of lenders' letters. Instead, we want new guidelines to make them
easier to understand, less threatening and more supportive. Not only will that
help people climb out of problem debt, it will save lives.
Find out
more<https://moneyandmentalhealth.us12.list-manage.com/track/click?u=f994c99a32416c588c17e7da8&id=5202817be8&e=7eafcb614d>
We really hope you will support our campaign, and look forward to updating you
on our progress.
Best wishes,
Helen Undy
Director
Money and Mental Health Policy Institute
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