Help! A bailiff is at my door!

Hannah_10

Call the police. He's breaching the peace.

Poorcop

Hi just quickly regarding the last post, if the chap is just sat there it wouldn't be a breach of the peace as for it to be a breach of the peace it needs to fit the following
"an act done or threatened to be done which either actually harms a person, or in his presence, his property, or is likely to cause such harm being done".
So unless he's used or threatened violence against you or you property ie damage it doesn't fit.

However he be committing an offence under the harassment Act which the police could deal with, especially if you have arrangements in place to deal with the issue, such as going through the court as you have stated.

Also just remember the police are unable to help him enforce what he's trying to do even if he has a court order, they are only able to ensure a breach of the peace doesn't occur, such as you being violent towards him or vise versa. He might try the whole I'll call the police to try and intimidate you, if he does just tell him to go ahead. As they can not get him to open the door for him.

RobertoMoir

If this is a CCJ then contact the court - there is a form you can fill in to have bailiff enforcement halted while you sort out an arrangement.

As for the car they have levied upon, you say it's on "finance" but the question is this:
Is it a hire purchase scheme (in which case they can't take the car as it isn't yours)
... Or ...
Is it a loan (in which case they can take the car, because the debt for the car purchase is not secured against the car).

He's not breaching the peace just by sitting outside in his van (actually county court bailiffs are usually quite reasonable to deal with anyway) and the minimum charge of £42 for two visit only applies to council tax (and wouldn't be correct anyway if this was a council tax case).

Between the costs of bailiff enforcement, the costs of obtaining a CCJ, etc, it's quite possible for a debt to rise the way this one has. I'm not seeing anything anything that could be objected to reasonably from a quick read of the thread.

Herbie21

Tinkstar wrote: »

Just rang him and used the last of my credit (damn it). He said I WON'T ring any court for YOU. He didn't seem to understand what an admin order was and kept saying I still have to pay him so I told him I don't and that he isn't to contact me again and he said if they haven't received any paperwork by Monday he's coming back so I said I'll ignore him AGAIN!

This is a CCJ on behalf of a utility company that has been "transferred up" to the High Court for enforcement. The fees being charged are a scandal. The company is likely to be either Sherforce or Marston Group.

The car is on finance and is therefore exempt from seizure.

The HCEO SHOULD have made the call to the Court and if fact he "should make enquiries" in particular given that Sherforce have recently been HEAVILY criticised by the Judge in an appeal court case where one of there officer refused to look at paperwork!!

It is so very important for EVERYONE to note that you should NOT rely on a discussion with a bailiff. Put your concerns IN WRITING. In your case advise the company of the admin order etc.

The officer will not force entry into your home and neither is he permitted to do so.

fejz6006

hi. am in the process of suing sherforce for £20k due to enforcement of order not in my name. would appreciate every detail about this company to substantiate my claim especially regards to their charges. please e mail me on fejz6006@aol.com asap with a phone number and i will contact you. many thanx.

hallowitch

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

loads of people been screwed by sherforce on this site might be worth putting a post on there

Freemanforever

Remember this: If you do not let them in, they cannot do anything, As simple as that. They only time they can force entry if you let them in previously...

Do not worry, I know it's stressful but everything will be fine. remember you are right!

Stay strong, stay positive
Nick

fatbelly

Also remember this...

this thread is nearly two years old!