Warning bailiffs not to enter.

My daughter has moved into a house where the last occupiers knowing they were leaving the UK to go home ran up all sorts of debts and Bill's for their last few months here in the UK.

The threat-o-grams have started to arrive at the address now and she is worried the bailliffs and debt collector's will be a knocking soon.

Having seen the tv programs where one keeps you talking at the front while his mate walks/climbs in the back door /window (peaceful entry and all that) and then sit tight demanding all sorts of identity / proof your not who they're looking for and still threatening to seize goods unless you produce receipts down to the kettle etc.

She's happy to deal with them on the doorstep as she has nothing to hide, but doesn't want them in her home.

Is she legally covered if she informs them when/if they come that the dog will attack and bite to defend her and its territory if they enter, so if one tries to sneak in the back door, and pooch thinks burglar, and grabs him by the nuts !!!128513; she is covered against any sort of litigation or police action ?

Comments

  • LadyDee
    LadyDee Posts: 4,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Surely she would be able to provide proof if they knock on the door, of her identity and the date when she became the occupier of the address - before she takes steps which might leave her open to charges of violence?

    OR - is it a slow snow day where you are?
  • sourcrates
    sourcrates Posts: 31,031 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 18 March 2018 at 4:31PM
    Mgman1965 wrote: »
    Is she legally covered if she informs them when/if they come that the dog will attack and bite to defend her and its territory if they enter, so if one tries to sneak in the back door, and pooch thinks burglar, and grabs him by the nuts is she is covered against any sort of litigation or police action ?

    S L O W D O W N, you are getting so far off the reservation you will never find your way back.

    What you are suggesting is nuts, and will most likely get her a long prison sentence for assault or worse.

    The enforcement agents you see on the telly are High Court Enforcement agents, they work exclusively for the high court, but are at all times acting on behalf of the high court under a high court writ, consumer credit debts are dealt with by the county court, and never the twain shall meet.

    Debt collectors very rarely leave there call centers these days, that is not a worry, a county court bailiff has no more rights than you or I do to be honest, if they call, speak to them through a locked door, show them your ID, that should be the end of the matter.

    At no point allow them entry, they cannot break in or force entry, but setting the dogs on them will guarantee you end up in prison, if they are bailiffs, they will be acting on a writ from the court, an attack on a bailiff, is an attack on the authority of the court, which will not go down well.

    A first step would be to write to the collectors concerned and tell them the people they are after have moved on and not to bother you again.
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  • Mgman1965
    Mgman1965 Posts: 265 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    I'm not saying she will set the dog on them, just that if one (anyone in fact) entered the house through the back door whilst she was at the front door the dog would defend its territory / my daughter as she's there for.
  • PaulW922
    PaulW922 Posts: 1,038 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If a county court bailiff or even an HCEO come a-knocking, you can easily make them go away by explaining that you are a new tenant, the previous tenant left without paying their debts and showing them some ID such as a driving licence to demonstrate you are not the debtor they are looking for. You can do all that on the doorstep. It happened to me once when a British Gas debt collector (not a bailiff) knocked on my door. I gave him the name of the managing agent for the house and showed some ID demonstrating I was not who he was after. I never heard anything more. Should I have done that? Well, it made it much easier for me.

    Doubtless some people will advise you along the lines of 'they have no right to do this or that' or 'tell them to go away', but to me, this situation requires a degree of common sense. It will save a huge amount of grief if your daughter just demonstrates that she is not the person named on any warrant. She is NOT responsible for the previous tenant's debt but if a bailiff does actually have a warrant I would suggest that instead of threatening to set the dog on them, she adopts a more practical approach as opposed to one that is probably guaranteed to make a bailiff ratchet up the pressure.
  • I have dealt with this situation recently - it took 2 years to get to a bailiff all told.

    In the end a call direct to the bailiff before 2nd call was all it took for the situation to cease, probably ironically helped as the day the baliff knocked I had a parcel on the door step with my name on it so even in my absence I proved I wasn't the one being sought! :D

    Another occasion recently C----t the DCA got so fed up of me returning mail, they eventually wrote to 'the occupier' asking for more info, never heard a dickie back since as soon as I mentioned harassment and charging them if they wrote to me again.

    Each time I have happily handed over details of where I believe the sought after to be found which I don't know if it overidingly helped. I would have expected my ex landlord to do the same if I'd left bills outstanding at my last place is how I see it.

    I've had same thoughts about the tv progs but I guess they 100% have their facts right before they turn the cameras on. That's why you never quite see our situation.
  • StokieBecks
    StokieBecks Posts: 4,997 Forumite
    Part of the Furniture 1,000 Posts Photogenic Xmas Saver!
    Simple solution. Keep doors locked. They can't force entry. There is no need for abackdoor to be unlocked if you have opened the front door. Return all letters as not known at this address. If anyone knocks on simply show ID. Think you have seen/heard far too many horror stories.
    £2 Savers Club for 2022 #12
  • WolfSong2000
    WolfSong2000 Posts: 1,736 Forumite
    Part of the Furniture 1,000 Posts
    Mgman1965 wrote: »
    I'm not saying she will set the dog on them, just that if one (anyone in fact) entered the house through the back door whilst she was at the front door the dog would defend its territory / my daughter as she's there for.

    If your daughter allows her dog to attack anyone - even on her own property - she is liable to be charged under the Dangerous Dogs Act. This will not end well for her or her dog.

    https://www.gov.uk/government/news/dangerous-dogs-law-changes-cover-attacks-on-private-property
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