do i just let them take everything

Barny1979

Surely they can't put your door in to gain entry!

RichOneday_2

This is what bailiffs can and can't do:


http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

flexeh

honestly i have no clue if hes court or what, to my knowledge i havent had a court letter to the best of my knowledge, hes working for bristow and sutor on behalf of my council tax, the reason im paying rent is cuz i how as she has a 1 bedroom bungalow.n gets entitlements to live alone!ad rent arrears from when i worked. i cant stay with my nan i aint even ment to be here now

flexeh

heres part of the voice mail he left on my phone, im glad i missed the call n rang right back reason its part is obviously my name etc

http://www.fileden.com/files/2007/5/27/1118415/counciltax.mp3

RichOneday_2

I couldn't hear a word he was saying, sorry.

Can you give a short summary of what he said?

flexeh

"Bristow and sutor, we are just down at your property at the moment, just about to force entry into your property to remove your goods regarding non payment of council tax, can you give me a call back please"

RichOneday_2

flexeh wrote: »

"Bristow and sutor, we are just down at your property at the moment, just about to force entry into your property to remove your goods regarding non payment of council tax, can you give me a call back please"

Ring him and tell him you're on benefits and you're in the process of reinstating the DD that gone haywire. He hasn't got a leg to stand on - you've got a recording of him threatening to make illegal entry. Tell him you're going to send a copy to Bristow and a copy to the council.

I wouldn't bother, but you just have to let him know you are aware of his legal rights, he'll soon go away.

flexeh

so if he hasnt got a court order, threatening to go into my property is illegal? he knows im on benefits when i phoned him i said gimme 15 mins to talk to the office and the office was rude saying its your own fault, and out of our hands now its with our bailiff then i rang him back n said ill come home n let u in, by time i got home he moved on n said he was coming back, so i rushed home paying 10 quid taxi fare, wait for him then be told im coming tuesday. so if he hasnt got a court order he cant force his way in, but if he has he can? and if he hasnt is my best bet contacting the council and courts rather than ringing bristow back n being spoken to like im a piece of !!!! and offering no help at all.

RichOneday_2

Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare. All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''
You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.
Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.
Can I be arrested or imprisoned for not letting a bailiff into my house?
No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.
You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.
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If a bailiff does gain peaceful entry to my house what will they do?
Once gaining entry to your home, a bailiff will usually try to find and seize any goods of value belonging to the person who owes the debt or who is named on the warrant.
Once in the house the bailiff has the right to go into all rooms and can break open any locked door or cupboard inside your house. If the bailiff gains peaceful entry s/he has the right to call again and enter even without your permission, i.e. s/he can break in and remove your goods.
Any attempt to remove a bailiff from your property once they have gained peaceful entry is assault and you could be taken to court for it.
Once in the house, a bailiff will attempt to seize your goods in order to sell them off at public auction to raise money to pay the debt that you owe. The bailiff will make clear an intention to seize various items, either verbally, or by attaching a mark to them, or by touching them. This is sometimes called levying distress or distraining upon goods.
Once the bailiff has seized goods, they have a number of options. They can either remove items they have seized immediately from the property to be stored and eventually sold at public auction. Alternatively, they can leave someone on the premises to guard the items that have been seized or, in the case of bailiffs collecting rent, secure items that have been seized in your home. These last two options are very rarely used.
The most likely outcome is that the bailiff will ask you to sign a 'walking possession agreement'.
What is a walking possession agreement?
A walking possession agreement means that the goods that have been seized now legally belong to the bailiff and can be removed at any time. However, s/he will allow them to remain in your home and you can continue to use them providing you keep your side of the agreement, e.g. you make agreed payments.
In order for a walking possession order to be valid, a bailiff should have gained peaceful entry to the property and seized the goods. It is not enough for a bailiff to list items that they have seen through a window and push a walking possession order through the letterbox for you to sign and return. You should never sign a walking possession order in these circumstances. There is a daily charge for a walking possession order that you must pay, on top of the original debt you owe if they are sold. Remember that goods will be sold at public auction and typically will sell for about 10% of their original value. This means that if you owe £50, a bailiff will probably try to seize goods to the value of at least £500.
A bailiff must only seize goods that belong to the person who owes the money, although any goods in the house can be seized for distress or rent. In practice, many bailiffs will attempt to seize any goods of value at a house they visit - it will be up to the individual to prove ownership afterwards. If you have receipts showing someone else bought the goods then you should show the bailiff these.

flexeh

well i know what im gona do, if he does try n force entry im gona smack my head up a wall n say he assaulted me.