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Bailiffs - Peaceful Entry
Comments
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jayswa2011 wrote: »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
It's only a prison if you let it be. Most people do keep all their doors locked, it's normal practice and we feel more secure if the doors are locked. Why can't the kids play out? X
Have you seen the " debt free board " on here ?0 -
"Bailiff" is a term that is abused as it does actually have very specific meaning.
The rights of a debt collector is different to a bailiff, who's appointed by a county court or HMRC, and that is different to a high court enforcement officer. Unfortunately people often call all three bailiffs and it doesnt help that some companies will do the work of all three.
A standard debt collector has no rights at all, they are basically private individuals and so coming into your home would be trespass. A bailiff appointed by the county court does have certain rights of entry and an "open door" would be an unlocked door not a literally open one. A High Court Enforcement Officer has the greatest powers of the three when it comes to debt0 -
The term used in the revised legislation is 'Enforcement Agent' for what was previously termed as a bailiff.
As has been pointed out earlier, then providing they are a certificated Enforcement Agent, they can use a usual route of entry in to a property - a quick and basic example I tend to give to people is to think how a good friend popping around for a cuppa may come in to your house.
One issue in a person's favour is that not all companies will allow their staff to wander in through a door due to the potential health and safety issues and the way it opens up other issues re complaints etc.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0
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