Baillif opened my door and walked in.

Rain_is_Insane

Years ago i made a walking possession order with a bailiff. I moved house and stupidly ignored it. They called round last week to my new address and dropped a letter through the door. I called them straight away (i'm recently debt free and want to stay that way) and arranged to pay in full in a weeks time. The pay date being today. Not a problem with them at all they said. I told the bailiff i would call him when i had been to the bank so he could come and collect the money. Today, i went for a bath before heading in to town to get the money and came downstairs to find the bailiff stood in my hallway on his mobile giving a van driver directions to my house. I asked him what the hell he thought he was doing and he said "well you didn't answer the door" so i said no i was in the bath and didn't hear it, and what are you doing in my house? He told me because the door was unlocked he had every right to come in and take my things (it's a double glazing door and yes i should have locked it before going for a bath but i live in a tiny street where nothing ever happens and never expected anyone to walk in) When i said to him that i hadn't been to the bank yet and had arranged to call him when i had been so what was his problem, he replies "i'm only in the area for the next 15 minutes and you're the one who owes me money" I asked him to wait untill i had been to the bank and he told me he wasn't leaving my house and would wait inside. Fortunately my husband came home for his work break at this point and managed to get him to wait outside. I locked everything up and went to the bank, paid him his money and he left. I called his company to see if what he did was right and they heard my dog barking in the backround. The answer from the operator was "i can hear you have a dog, you're well protected, whats your problem" Now i know that technically by moving house i did break the walking possesion order...but....as soon as they contacted me again i arranged to pay in full. What i want to know is, can he just open my door and let himself in? or does he have to have someone with him like the police or something. I'm also angry that i had a payment arrangement with him but because he couldn't wait he had already decided to remove my goods. I feel like crying and screaming all at the same time. Is it worth the paper it's written on putting in a complaint or is he totally right in what he did?

baxgttdi

Hi, I'm no expert so it's worth getting other opinions too but...my girlfriend works as an auditor for a bailiff firm and has told me several times that the rule stands now at "they can go in as long as the door is open". Obviously I can't comment on arrangements you made and whether they should have waited for you to call first etc but I'm pretty sure that's how it is.

vandanfc

According to this site it looks like they can just let themselves in:

http://www.debthelpuk.co.uk/law/bailiffs_rightsofentry.htm

he bailiff can walk through an open door, climb over a garden wall, enter through an unlocked door or climb through an open window.

SSB

Hi
Yes, bailiffs have the right to 'peaceful entry' which means that if your door was open/unlocked, he can enter.

moneymare

Therein lies the moral - if you have a possession order on an account being dealt with by a bailiff, make sure doors and windows are locked.

Legally, he was entitled to do what he did - We had a case where a Bailiff phoned us to say he had arrived at a property and nobody was in, but the door was ajar - he wanted to do an uplift but we requested he called the police before doing so to ensure that it was done by the book (and so that the individual concerned could not make any allegations of theft etc)

Rain_is_Insane

moneymare wrote: »

Therein lies the moral - if you have a possession order on an account being dealt with by a bailiff, make sure doors and windows are locked.

Legally, he was entitled to do what he did - We had a case where a Bailiff phoned us to say he had arrived at a property and nobody was in, but the door was ajar - he wanted to do an uplift but we requested he called the police before doing so to ensure that it was done by the book (and so that the individual concerned could not make any allegations of theft etc)

I don't want to make any allegations of theft (he didn't take anything) but what if my 13 year old was home alone? or what if my dog had bitten him?

I'd long since forgotten about this debt with it being years ago and at another address but as soon as i was contacted i made an arrangement. What would have happened if the door WAS locked? and i was in town collecting the money? would i have come back to find my house empty? He never mentioned the police at all and was already giving a van driver directions to my house. Surely they have to wait for the poilce in case of any allegations of theft like you say?

wherediditallgo

It's just as well your dog didn't bite him, otherwise he could have sued you for assault. :eek:

If a door's open they can gain peaceful entry to the property, & they don't have to have the police in attendance. They may choose to, but they don't have to, & they judge it as the risk you took by leaving the property accessible. It's therefore vital once you start dealing with bailiffs that all points of entry into the property are kept locked at all times, no matter how small you think the risk is. You can read loads of info on the Consumer Action Group forum about bailiff activities & get advice on how to deal with them.

Rain_is_Insane

GRRRRRRRR the property was "accessible" because i was home...he just didn't knock loudly enough. And what about the fact i had already made the arrangements to pay today? I didn't realise that "today" in a baliffs world was "anytime he can get here" he didn't explain that

And just for the record when i came downstairs the dog was licking him to death !!!! not the point though

It's all paid now so i'm not worried about them coming back i was just angry about the, while lawful apprently, unethical way they did it. Or am i just getting on my high horse here?

Phil_rich

Seems to me that you had a lucky escape, leaving the door open when you were in the bath does seem irresposible. Lucky it was only the bayliff who let himself in and not the local thief or rapist??!!

ducatibabe_2

Hi Rain,

i found this site invaluable recently (thanks to saffronflowers) and there are guys are there who will really help you out, some working in the industry.


hope it helps

http://www.consumeractiongroup.co.uk/forum/bailiffs/


try posying on their and I'm sure someone will be able to let you know exactly what you need to do

Good Luck

Dx

ducatibabe_2

oopps, sorry just read where did it all go's post............that'll teach me to scan posts and not read them throughly

when you look at the CAG forum it is truely terrifying the number of people who are/have experienced problems with bailiffs and the ignorence the majority of people have surrounding their rights as to the powers of bailifss (who some seem to be a law unto themselves )

I will now get down off high horse before it gallops off with me on it lol