Damage caused by bailiffs

ChumpusRex

I live in a small block of flats (2 flats share each front door and hallway).

The next door flat was repossessed and the bailiffs turned up to change the locks. However, to gain access to the entrance hall, they simply kicked in the shared front door, breaking the lock. As a result, the front door no longer shuts properly.

The bailiffs have left no contact details or information. Where does liability fall in regards the damage to the shared front door?

Obviously, I could repair it myself as it's not worth an insurance claim. (No management company for me to go to). But realistically, the bailiffs caused the damage so I would expect them to be liable for the repairs.

What is the best way to deal with this?

pinkshoes

I'm quite sure the charge wouldn't be against the bailiffs, but the person who was having the flat re-possessed, and by the sounds of it, they don't have any money, so there wouldn't be much point in pursuing it.

Were you in at the time and could have opened the door if they'd asked?

MamaMoo_2

I may be wrong, but I'm sure it's illegal for bailiffs to force entry into any property, except under certain circumstances, but even in these circumstances they don't have the right to force access to communal areas.
Might be worth posting this query on https://www.bailiffhelpforum.co.uk

ChumpusRex

No I wasn't in. However, I was in a couple of days later, when another guy from the same bailiffs firm turned up to disconnect the utilities and he admitted barging the front door open, as he was advised that it "opened with a kick last time".

I've made a more detailed post over at the bailiffs help forum.

spacey2012

Contact the police and report them for Breaking and entering.

arcon5

pinkshoes wrote: »

I'm quite sure the charge wouldn't be against the bailiffs, but the person who was having the flat re-possessed, and by the sounds of it, they don't have any money, so there wouldn't be much point in pursuing it.

I'm not sure I agree with this. Even if the baliffs have the power to force entry in to the flat on the instructions of the bank with permission from the courts - I don't see how they have the right to damage property equally owned by a third party.

pinkshoes

spacey2012 wrote: »

Contact the police and report them for Breaking and entering.

For a repossession, surely the bailiff will have a court order??? (in which case, they are entitled to break in if no one is there!!!)

Money-Saving-King

spacey2012 wrote: »

Contact the police and report them for Breaking and entering.

That'll be a nice waste of tax payers money then!

bris

The repossesion gives them a right to a forced entry, this is done on behalf of the lender, you will need to pursue the lender for third party damages.
Catch 22, they will deny liability on the grounds that courts gave permission for forced entry. However the banks usually send in repair men to secure the property.

adouglasmhor

pinkshoes wrote: »

I'm quite sure the charge wouldn't be against the bailiffs, but the person who was having the flat re-possessed, and by the sounds of it, they don't have any money, so there wouldn't be much point in pursuing it.

Were you in at the time and could have opened the door if they'd asked?

I am quite sure you are just making it up or stating your opinion as fact. Neither is helpful.

adouglasmhor

pinkshoes wrote: »

For a repossession, surely the bailiff will have a court order??? (in which case, they are entitled to break in if no one is there!!!)

A court order for the flat only not the communal door, you aren't helping by making things up.