Dealing with Bailiffs Harassment

johnthebrief

I had a run in with a firm of bailiffs recently sending letters to someone I'd never heard of at my house (where I have lived for 10 years). The letters had the usual threats of dreadful things, so I telephoned the number given and spoke to the bailiff dealing with the case.

He was taking quite a hard-line approach and clearly didn't believe me when I said the debt had nothing to do with the address. Among other things, he said that if it wasn't paid they would turn up and force entry into my property and seize goods to the value of the debt.

At that point I explained to him that (a) I am a solicitor and (b) what he was threatening to do was illegal. He hung up on me.

Rather concerned at this (coming from a certificated bailiff remember, ie one authorised to enforce Court judgments) I wrote to his office advising them of his illegal conduct, and the obvious consequences if he'd been dealing with someone more vulnerable than me. I got a call from his boss flatly denying that he'd made the threat he had.

There's something about the whole debt collection businesss that attracts squalid people to work in it...

never-in-doubt

John, thanks for this 'insight' pretty much confirming what we already knew! Scum of the earth (after Politicians of course)......

It does make you wonder if the account for the one in every 100 being clued up and taking action for harassment etc against them?

Niteflyer

Although, it has probably been mentioned above, I haven't read the whole thread, do NOT let them into your house!

They will try all sorts such as "can I just use your phone to call the office" and "can I use your toilet please" etc... but do NOT let them in! They have NO power to enter you premises without you inviting them.

They will often arrive at your premises with a police officer, please don't let this scare you. They will often word their sentences to you in a such a way that they want you to think that the police will arrest you ifyou don't do what they ask. This is NOT the case, the police will be there purely to keep the peace and will not arrest you unless you breach that peace.

You cannot be sent to prison for refusing to allow the bailiffs entry The Citizens Advice Bureau have reported that bailiffs have threatened clients with imprisonment if, for example, they do not allow the bailiffs entry to the debtor’s home.


You are entitled to refuse the bailiffs entry and are allowed to use reasonable force in resisting bailiffs who have unlawfully tried to push their way in.
Bailiffs must enter a property peacefully through an unlocked door or through an open window.



They may not enter through a closed window, even if it is not locked.


They cannot obtain a court order to gain entry and the police have no power to force entry on their behalf. Bailiffs can only force entry if they have previously gained peaceful entry.


Note that Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004 have allowed bailiffs to force entry in connection with unpaid magistrates’ courts fines. The Citizens Advice Bureau has reported that some bailiffs’ firms have claimed that this power extends to other debts, including council tax arrears. This is not the case.


Hope this helps a little.

never-in-doubt

Its all on page 1 mate - all the basic laws and a few advanced things - worth a read cos we have input from an ex bailiff who actually knows what can and can't be done (strangely enough we have a decent bailiff)!

Niteflyer

Didn't read thorugh mate! Just thought I'd mention some of what I remembered!

Shafted_2

Did Lowell reply?

never-in-doubt

Shafted wrote: »

Did Lowell reply?

They are usually slow with the uptake in all honesty mate..... :beer:

hippey

True regarding the police, many officers are totally unaware of the Baliffs rights & the householders rights.

Your right that in general the police should only stand by are ensure that no Breach of the Peace takes place (or is likely to). However continued calls to the police by baliffs can result in action & costs being charged to the baliffs (very uncommon but I think we will start to see more of this) as you do get some who call the police far to readily when nothing has even been threatened.

never-in-doubt

Shafted wrote: »

Did Lowell reply?

Yes mate, I have their apology letter - i'll try and scan it when I next get a day off. It is very basic so I wrote back demanding they make more effort and also to say why they are sorry and to promise it will not reoccur. Not had a reply yet though.

It arrived dead on 14 days after my letter threatened (#18 )

I'm just bullying them, cos I can - I have them over a barrel for their harassment against me plus I have a letter where they actually say they have a right to break my door in - :rotfl::rotfl:- any judge would love that! :eek:

JAMJK

I would like some help please.

Can a bailiff carry out a valid levy through a letter box. If not is there some case law I can quote.

Also a letter has been placed through my door saying the following.

"I will re attend your premises from 6am 14/9/09 and may remove your goods, which can be done in your absence as the law directs with regards to removal of assets to sell at public auction to clear the above debt under the Liability Order that we hold."

My wife is going frantic, the debt related to council tax, it has now been resolved and I am due a refund, however I have refused to pay any bailiffs fees, which they are now claiming. They claim that there is a debt outstanding under another reference. That debt appears to me just to be for fess, i have asked for a breakdown and they have refused