Bailiff enter home for other persons debt

pennystretcher

Worth reporting them to police as from what I gather from this article they have been trespassing

"Neil Scott, of Foot Anstey solicitors, said: 'No-one has the automatic right of entry to someone else's property without consent. 'That applies to police officers and members of the public, and whether it is unsecured is irrelevant."

http://www.dailymail.co.uk/news/article-1261742/Exeter-Police-accused-trespass-burgling-50-homes.html

...and here:
http://money.aol.co.uk/2016/01/26/police-accused-of-trespassing-after-anti-burglary-campaign-backf/

Herbie21

pennystretcher wrote: »

Worth reporting them to police as from what I gather from this article they have been trespassing

"Neil Scott, of Foot Anstey solicitors, said: 'No-one has the automatic right of entry to someone else's property without consent. 'That applies to police officers and members of the public, and whether it is unsecured is irrelevant."

http://www.dailymail.co.uk/news/article-1261742/Exeter-Police-accused-trespass-burgling-50-homes.html

I would disagree with the comment from the solicitor. A right of 'peaceful' entry is granted to a bailiff/enforcement agent under the terms of the warrant/liability order.

The police officers on the Daily Mail article from 2010 appear to have gained 'peaceful' entry into the properties (i.e. via an open door/window) without any legal powers (warrant etc). Accordingly, it would seem correct that they were trespassing.

kaya

unless it was a high court enforcement they have to give you notice in writing of any intended visit so turning up and walking in without notifying you first is unlawful, they are allowed to enter through an unlocked door and will assume that the property belongs to the debtor until you show them proof to the contrary, if you fail to provide them with proof(usually a tennancy agreement or mortgage statements) in the meantime they can and will turn up and remove goods under the assumption they belong to the debtor, as they have gained "peacefull entry" and listed goods they are allowed by law to force entry next time to remove goods in your absence, have a read here..... https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visits

poppasmurf_bewdley

luk000999000 wrote: »

I live in a very quiet village and normally don't tend to lock my back door.

Today i got home from work to find a bailiffs letter on my sofa for an outstanding debt from an old tenant.

So do I, and I lock my doors and windows whenever I go out. Why?

Because I live around the corner from this:

http://www.bbc.co.uk/news/uk-england-hereford-worcester-19802943

Enough said?

satori

I very nearly had the same experience last Saturday. I was having a lie in (I get up around 5am during the week) when I heard some banging on the door. I looked at my watch: it was only 9am, too early for the postman, and I wasn't expecting any delivery. I went to the door and found 3 bailiffs. They were really aggressive and would not believe that the previous tenant moved out 3 months ago without leaving a forwarding address (I am still sending back their mail with 'no longer at this address' etc.) and that I never even met them. They even thought I might be the person they were looking for (a British national, I am not British and do have a rather strong foreign accent). I refused to let them in and locked back the door but they ruined my weekend and now I don't feel safe in the flat. I was in the habit of not always locking the door when I was in but now I will make sure it is always locked!
In my previous flat, I offended the BTL landlady who lived in the building as I locked in my door when I left the flat (for work, to go shopping) and even when I was in! She gave me quite a lecture one evening as to it showed I had 'something to hide' and 'all burglaries and rapes are committed by foreigners (like you) anyway'.

fatbelly

satori wrote: »

I very nearly had the same experience last Saturday. I was having a lie in (I get up around 5am during the week) when I heard some banging on the door. I looked at my watch: it was only 9am, too early for the postman, and I wasn't expecting any delivery. I went to the door and found 3 bailiffs. They were really aggressive and would not believe that the previous tenant moved out 3 months ago without leaving a forwarding address (I am still sending back their mail with 'no longer at this address' etc.) and that I never even met them. They even thought I might be the person they were looking for (a British national, I am not British and do have a rather strong foreign accent). I refused to let them in and locked back the door but they ruined my weekend and now I don't feel safe in the flat. I was in the habit of not always locking the door when I was in but now I will make sure it is always locked!
In my previous flat, I offended the BTL landlady who lived in the building as I locked in my door when I left the flat (for work, to go shopping) and even when I was in! She gave me quite a lecture one evening as to it showed I had 'something to hide' and 'all burglaries and rapes are committed by foreigners (like you) anyway'.

Your landlady needs educating. Firstly about the nonsense re foreign offenders. Then about Housing Law where to live in quiet enjoyment is a statutory right.

As for the bailiffs, they are within their rights to attend property where there MAY be goods owned by the debtor. But they are not entitled to force entry (in most circumstances). However, if they can prove they are bailiffs, then it may be best for you to prove your identity. You can't rely on the foreign/British thing, and in some cases (criminal fines in the Magistrates Court for example) they could return with a locksmith.

themull1

We don't all live in crime ridden areas where no one knows anyone else





Burglars have cars.