bailiffs

dalip

Can someone tell me if a court appointed DCA / bailiff has more rights to enter property,threaten ect than a normal DCA/bailiff?. Someone has asked me this as they have been told they can enter(break in:mad: ) their property without them being there and that they have more rights than "normal" DCA/bailiffs.


Many thanks folks. Dxx

tight_jock

dalip wrote: »

Can someone tell me if a court appointed DCA / bailiff has more rights to enter property,threaten ect than a normal DCA/bailiff?. Someone has asked me this as they have been told they can enter(break in:mad: ) their property without them being there and that they have more rights than "normal" DCA/bailiffs.


Many thanks folks. Dxx

As far as I know, a bailiff is a bailiff is a bailiff.......they are all the same.:mad:

dalip

Thanks TJ,thats was what i thought but i like to be sure of my facts before i put my mouth into gear:o .Just thought maybe a court appointed bailiff might have more authority.DX

RAS

Not strictly true.

i suggest that your friend starts by reading up on the website listed below.

www.bailiffadviceonline.co.uk

And sends a pm to Herbie21 if they have a specific problem.

Herbie needs to know what the debt is for, who the bailiff company are and the name of any bailiff involved, as a lot of companies are charging people for abiliff visits that are not done be registered bailiffs.

tight_jock

dalip wrote: »

Thanks TJ,thats was what i thought but i like to be sure of my facts before i put my mouth into gear:o .Just thought maybe a court appointed bailiff might have more authority.DX

I would imagine the only time they would have any specific right of entry would be with a warrant to enter the home ...which I would expect to be enforced only with Her Majesty`s Finest (!) in attendance.

But as RAS says, best to get the gen from someone in the know.:D

dalip

Thanks Ras for that link and the herbie21 contact.

I will speak to the person involved tomorrow and ask the nessesary questions. All i know is they have some sort of debt linked through the court.They had been paying certain amounts monthly and this "baliff" rang them to say they had a list of payment made. There is a dispute over the dates a couple of payments were made,but the OP has not got the paper evidence to say when the payment was made:rolleyes: .This baliff is then saying they have more rights than normal baliffs........ect ect.


Thanks both for you help.Dx

RAS

RobertoMoir is handy is Herbie is not around, but she knows the current lawe and can check the bailiff register.

She needs to know if the bailiff has been in the property and if he has done a levy/walking possession order.

nervousmother

If the debt is in relation to Inland revenue the ballifs can break into your home

So_Sad_Angel

nervousmother wrote: »

If the debt is in relation to Inland revenue the ballifs can break into your home

I was under this impression also. I think HMRC are the only ones with the potential powers. Please post answer if anyone knows as will be useful info.

Scary thought though!!!!!:eek:

nervousmother

Just googled it:

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

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'.


Hope it helps

dalip

OMG nm that is scarey especially the bit about breaking open locked doors and cupboards. That was useful for me and many others i suspect,many many thanks.Dx