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Repossession - Bailiffs

We had our house repossessed a few weeks ago, however on the day of the eviction we were at court having the warrant suspended. The judge granted us the suspension as we had a buyer at contract exchange stage, however the bailiffs had already entered our house up to an hour earlier than stated on the warrant.

The warrant for entry was 11am, Judge suspends warrant at 10am. Bailiffs informed at 10.15 not to enter. Bailiffs entered our house and the gas, electric, water disconnected. Stickers on boiler, gas and electric mains saying do not use. Damaged new front door, replaced locks with sub standard rusty replacement lock, and other minor damages.

I have a solicitor in place acting on our behalf, just waiting to see what the lenders response is yet.


Need a vodka pick me up now.
«13

Comments

  • silvercar
    silvercar Posts: 49,971 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    One way of looking at it. Quantify your losses and present a bill to the lender. The baliffs were acting for the lender so I would think that the lender is liable to you for damage caused. Who finally foots the bill would be between the lender and the baliffs.

    The other way of looking at it, would be to accuse the baliffs of breaking in and trespassing and criminal damage. You would then need to get a police report and persuade the police to charge the baliffs. You could also presumably claim off your home insurance for the damage. I would guess the police would consider it a civil matter but I could be wrong.

    I guess it would hinge on whether the bailiffs acknowledge (or the lender provides proof) that they went ahead after being told to stop.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • RabbitMad
    RabbitMad Posts: 2,069 Forumite
    Surely the baliffs are in contempt of court?
  • dom2599
    dom2599 Posts: 45 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Have a look here beermonsteruk

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

    scroll down to the bottom of the forum for the Bailiff section, these people will be able to give you some excellent advice.

    Hope this helps
  • Doozergirl
    Doozergirl Posts: 34,082 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    beermonster, I'm really sorry to hear that things are that bad :(

    What's happening now? Do you have a buyer at last or are you getting back on your feet?
    Everything that is supposed to be in heaven is already here on earth.
  • We have a buyer in place Doozergirl, should have contracts done this week, we had to move into temporary accommodation from the eviction date as house was without utilities. We are back on our feet sort of at the moment, unpacked the kids stuff and we just had baby no 3 at the time this was all happening. Wife is brilliant, dont know where she gets her energy from.

    Solicitor been on the phone today, and is getting a barrister appointed for us as the H****x building society wont reply to request for costs for repairs etc.

    What a mess, did use these forums to pick up ideas to sell the house and learn the process, been a terrific learning curve from the stickies and other posters. Just hope all ends well this week with the sale.

    No more n244 and n60 form filling for me, hated the visits to the court for the suspension hearings. Make you feel ill when in those places, wife wouldnt come to the hearings, apart from that I wouldnt let her in case she went into early labour, as she was a high dependency case (trisomony 18).

    I my only regret is not screaming out earlier for help, and getting help from you guys. I did get all the repo help from searching around.

    Thanks dom2599 will have a look at your link and get some more numbers to shout at. They cant get away with this, the judge called it oppression by the building society.

    thanks all for the now, will keep you posted, might post up the photos later of what mess they left the house in.
  • dom2599
    dom2599 Posts: 45 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    No probs mate, these people (bailiffs) think they are above the law, you will find a lot of people with a lot of knowledge (including bailiffs!) on these forums
  • kunekune
    kunekune Posts: 1,909 Forumite
    beermonsteruk, hope your wife is ok. trisomies are scary, I have a trisomy child, but just the normal boring 21. if you want to talk, please email me on [EMAIL="f.wright@bradford.ac.uk"](re[/EMAIL]moved). I'm no expert but have been through the mill too ...
    Mortgage started on 22.5.09 : £129,600
    Overpayments to date: £3000
    June grocery challenge: 400/600
  • silvercar
    silvercar Posts: 49,971 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    kunekune, can I suggest you use the PM (private message) system rather than put your email address in a public forum. You risk being spammed or worse.

    Just click on someones name and choose, "send a PM". Much safer!

    Click the "edit" button and remove your email address.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Thanks kunekune, been a rollercoaster ride over 5 pregnancies, 3 made it. Would not wish it on anyone. Will keep you posted on how things are going. Fortunately 1st child ok, 3rd and 5th, have some abnormalies, minor stuff, but they will develop like any normal child, whats normal these days. No more trying for us, 3 kids are enough.

    thanks
  • thanks dom2599, at court tommorow, civil court, 10am, next door to the bailiffs office, tempted to pop in and say hello muppets, and advise them of how to tell the time, right proper muppets. Better keep me gob shut, meeting barrister with solicitor to put paperwork together. Another rollercoaster few weeks ahead, cant wait to see what they offer us. Will keep you posted.
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