Baliffs- New laws?? Please help

x_raphael_xx

Hey all,
A friend of mine has just had a letter hand delivered by baliffs. (They were out, Brother-In-Law was in and stupidly accepted the letter :mad:)
Can anyone give me a quick run down on the laws, I thought they werent allowed to enter a home by force (but once invited can come in any time) but Im sure its changed where they can force entry now.

Also any other info would be great, thanks.

Please help!!

alwaysonthego_2

They are not allowed to use force, but can enter through unlocked doors/windows or if someone lets them in

x_raphael_xx

alwaysonthego wrote: »

They are not allowed to use force, but can enter through unlocked doors/windows or if someone lets them in

Thanks for the speedy reply,
I know that if the baliffs find an open/unlocked window or door that is seen as an invitation to enter the property. But Im not sure if the law has changed recently and they can now force there way in.

I did hear that it might be changing.

fermi

x_raphael_xx wrote: »

I did hear that it might be changing.

No need to panic yet.

You are thinking of the "Tribunals, Courts and Enforcement Bill 2006-07".

This has not even passed fully through Parliament yet, so it will be many months or even years before it is incorporated into UK law.

The current stage can be seen at: http://www.publications.parliament.uk/pa/pabills/200607/tribunals_courts_and_enforcement.htm

I believe that amendments have removed the most scary parts Re: bailiffs.

Tuesday 20 March 2007 13:53
Department for Constitutional Affairs (National)

New safeguards for householders in Bailiffs Bill

New safeguards to protect householders in disputes over debts have been announced today by Constitutional Affairs minister Vera Baird.

She has pledged bailiffs will not be given powers to enter domestic premises until a strict new licensing regime comes into effect.

Vera Baird said:

"For too long there has been confusion about the rights of bailiffs and the rights of householders. This is especially important as we are often talking about some of the most vulnerable people in our communities.

"That's why we decided to bring in a range of safeguards to raise the professional standards of bailiffs and protect the public. Concerns have rightly been expressed about the right of bailiffs to force entry to people's homes.

"We have always said forced entry can only be used as a last resort and when all other avenues have been exhausted. Today, I'm happy to announce this power will not come into force until those bailiffs who are not Crown employees are licensed by an independent regulator. This will help to further protect the public."

The new safeguard is one of a range of measures in the Tribunals, Courts and Enforcement Bill designed to protect domestic householders. The new power of forced entry will only be available in strictly controlled circumstances, and with prior approval by a judge.

It will only apply to unpaid debts where a judgment has been obtained in the High Court or County Court and only if all other payment methods - including instalment plans - have failed.

x_raphael_xx

Many thanks, glad shes got a bit of time then!

I also just found this website,
http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm#bg7
with good info.

Thanks people.