URGENT! help with Rossendales Bailiffs needed

[Deleted User]

So, what happens if they insist they have had peaceful entry, and you insist they haven't :huh:

CIS

So, what happens if they insist they have had peaceful entry, and you insist they haven't :huh:

It would be a matter for the courts to decide (or the police depending on the circumstances)

hallowitch

Bedsit_Bob wrote: »

A slight diversion, if I may?



So, what's to stop a bailiff from claiming to have gained peaceful entry, and simply inventing a list of possessions?

just had to deal with this exact situation for someone

the bailiff did not enter her house he said he had to put something on the levy form so stood at the door and ask her
do you have a flat screen TV she said yes

so-he wrote on the levy

flat screen TV
TV stand
coffee table
3 piece suite
telling her everyone has these thing so Ive put them down
she did tell him she didn't have TV stand coffee table or a 3 piece suite his reply doesn't matter its on the Levy now and as long as you pay you will have no problem with it
he then asked her if she had a tumble dryer she said yes but it doesn't work but he wrote that down as well

when i complained about this the reply was

The Bailiff is adamant he did gain access to your property to conduct the goods levy but it does appear he included items which you informed him were present in the property but did not have sight of

Jacobs have further concede that although there is no legal obligation to provide serial numbers and detailed descriptions of the items on the walking possession agreement as a matter of good practise the WOP should have contained more details


they have removed all levy fees from this account and I'm not sure the lady wants to take it further

just to add she lives in a very small cottage so not much room in there for a lot of things had he been in it he would have seen for himself she does not have a TV stand (TV on the wall) coffee table (no room for one) or a 3 piece suite (1 chair and a 2 seater)

CIS

Jacobs have further concede that although there is no legal obligation to provide serial numbers and detailed descriptions of the items on the walking possession agreement as a matter of good practise the WOP should have contained more details

From the bailiff point of view its exceedingly stupid not to collect full details of the items they are levying on. Jacobs , in general, instruct the bailiff's to collect as much detail as possible specifically for these reasons.

[Deleted User]

The problem, of course, is, if the bailiff records items that don't exist, then latter has to seize them, he/she can simply say they were there when they levied, but have been moved/disposed of by the occupant.

That leaves the occupant in the impossible position, of trying to prove they haven't moved/disposed of the, non-existent items.