Bailiffs - Peaceful Entry

jayswa2011

First time on here!! HELP


We have been having financial troubles due to my partner and me having serious health issues over the last three years!


This has resulted in a Bailiff calling to our home today. We have been to the CAB today for help regarding this and we have made that crucial first step!!


My question is this - the right of 'peaceful entry' states that they may enter through an open door! Does this mean an open door or a door that is closed but unlocked?? Sounds like an obvious thing but we are living in constant worry!!


Thanks Guys

SailorSam

There has been an interesting programme on Tv, and you see the bailiffs going arond. If a window or door was unlocked they were allowed to go in.

Johno100

jayswa2011 wrote: »

My question is this - the right of 'peaceful entry' states that they may enter through an open door! Does this mean an open door or a door that is closed but unlocked?? Sounds like an obvious thing but we are living in constant worry!!

What do you think it means? Keep your doors and windows locked.

atrixblue.-MFR-.

My advise is to who ever knock on your door, always ask who they are, if its bailiffs, then your free to shut the door on their face without having to confirm your name or address.


if you leave a door unlocked they can try the door handle and if its open then they will enter, so be mindful.


They will have to got to court and get a liability order, but this stull does not grant entry, a warrant of execution can only be executed peaceably and without force distress or alarm above the normal distress of serving the warrant. don't not allow police to intimidate you, they are there to keep the peace not to execute the warrant for the bailiffs, if they try to intimidate you then having some record the incident is a must.


TBH I would get a CCTV set up outside the home to protect yourself from rogue bailiffs applying charges incorrectly and also try to break and enter by forcing a weak lock.

jayswa2011

Johno100 - I appreciate what you are saying and thanks for the curt reply! The house is like a prison at the mo, front door, vestibule door, back door and all windows locked and keys removed, even when we are home! I know how unscrupulous bailiffs can be! My concern is our kids like to play out and currently they are unable to due to the added security!! Even in our back garden. My question was merely regarding the wording of the 'open door' part of the regulations. Thanks again

jayswa2011

Atrixblue - cheers Mate - my keyboard is !!!!!!ed and I have to check everything!! B*gger the spelling mistakes - life is too short!!

SailorSam

atrixblue.-MFR-. wrote: »

My advise is to who ever knock on your door, always ask who they are, if its bailiffs, then your free to shut the door on their face without having to confirm your name or address.

On the bailiffs programme last night they turned up to evict a woman for non-payment of rent. She never amswered the door she wasn't in. They had a warrant and started drilling the locks, eventually they got the woman on the phone and asked her how far away was she, they'd wait. And she said i'm hiding upstairs in the house.

Johno100

SailorSam wrote: »

On the bailiffs programme last night they turned up to evict a woman for non-payment of rent. She never amswered the door she wasn't in. They had a warrant and started drilling the locks, eventually they got the woman on the phone and asked her how far away was she, they'd wait. And she said i'm hiding upstairs in the house.

They were enforcing an eviction order not trying to recover a debt, big difference.

jayswa2011

Sorry, major piece of information that I missed out is that it is a Council Tax debt!! Oops!!

atrixblue.-MFR-.

jayswa2011 wrote: »

Sorry, major piece of information that I missed out is that it is a Council Tax debt!! Oops!!

Major thing to do here is go to you local council offices as to speak with someone from council tax department such as a rent and council tax officer, if your on a low income, or were entitled to a reduction in council tax they can amend it there from your records of wage slips bank statements etc.


I guess you have failed to keep to Direct debits and thus refuse to allow you to pay by DD but you could plead with them to pay on a paypoint card, if they agree to work something out.


Anything you do not own, make sure you have receipts for prior to them coming in with a warrant, that way they cant take things you don't own that belong to someone else.

Herbie21

The new bailiff regulations have introduced clearer rights of entry into premises.

The position now is that if the debt is for arrears of council tax and road traffic debts the Enforcement Agent (EA) only has the right to 'peaceful entry'. He can enter through an open door and if the door is closed he may try to door handle and if the door is unlocked he is permitted to gain entry. If the door is locked he cannot force the lock.

Previously, a bailiff could legally claim peaceful entry through an open window. This is NO LONGER PERMITTED.