Bailiffs bullying

akkers

I have been in my house for last 25yrs with my family. One member of my family registered a company at this address and fell foul of the law incuring a fine or something which escalated to bailiffs coming round.
They called and when I opened the door they tried to force the door and enter, I managed to kick them out and lock the door. I then conversed with them and asked them what this was all about; they said they had a warrant for this company and would force their way in to remove goods. I informed them that it was my house and everything belonged to me. And in any case they should contact the company owner to see if they could get payment or if this was a mistake; I gave them a telephone number. But standing outside they would not have any of that and said that if I did not open the door they would return with a locksmith and force the door open. Anyway they went away and were able to contact the person concerned; looks like it was some admin mistake.


Anyway, how can these bailiffs come, try to force their way onto my property, threaten me and try to remove my stuff out of my house (the company director does not have any property at this house). If they did come back and force their way in and remove stuff that belongs to me, what rights do I have?


This looks like bullying and gangster behaviour. How can the law allow such actions?


What options do I have? If the matter is not resolved and they return how can I prove that its my property and everything belongs to me?

Silvertabby

As I understand it, bailiffs aren't allowed to force their way into a property, but they can enter 'peacefully' - ie, through an open door or window. They may also remove vehicles parked on the property.

You need to get this sorted in case they come back while you are out - and 'find' an unsecured window. Do you know which company they represent? Can you get the family member responsible to sort this out?

Don't just ignore it. A friend, who lived at 9 X Ave at the time a family of debtors lived at 9 X Close, had a number of visits from baliffs who had the wrong address. They returned at a time when she had popped next door for a cuppa, and gained access through the unlocked back door. My friend returned home to find men in black dismantling her TV etc, and ran back to her friend's house, thinking she was being burgled. Luckily, her friend's (Army) husband and a couple of his mates had just returned from excercise and charged round, still dressed for war. No blood was spilled, but the Army guys stood over the bailiffs while they reconnected the TV and even made them hoover up the mess they had made.

You may not be so lucky.

akkers

So can they bring a locksmith and force open the door? And if they manage to enter and try to take my stuff what can I do? How can someone just take your stuff?


The member of family has assured me that he has contacted them and the whole thing is an admin error on part of somebody. But I am not relaxing.

tacpot12

Bailiffs are allowed to use reasonable force (e.g. a locksmith) to enter your home for certain sorts of debts: unpaid magistrates court fines and tax debts for HM Revenue and Customs.

If the debt is owned by a company, this should shown on the writ, and the bailiffs should only seize goods belonging to the company (e.g. equipment and stock). It will help if the family member either pays the debt, or helps the bailiffs identify goods that belong to the company that cover the value of the debt (bearing in mind that the value of items to the bailiffs will be much less than the value of the items to the business). The bailiff should not look at taking any household items, unless these have a dual-use; i.e. they could be used (and therefore owned) by the business.

If the bailiffs take any of your personal property, you can write to the bailiff with your proof that you own the goods. The bailiff should pass this information onto the creditor. The creditor should then decide whether to accept or reject your claim.

The law allows this because many debtors lie and cheat to avoid paying their debts, so it allows extra pressure to be applied. Have you considered loaning your family member the money to pay the debt. Paying the debt is the only certain way to ensure that the bailiffs never return.

akkers

I am sure he will sort this out.


But I am amazed how someone can force their way in and take your stuff away when you have nothing to do with the debtor. And then you have to go the herendous troiuble of providing proof of ownership to get your stuff back. But then how many people have receipts for sofas or laptops they bought 3 yrs ago?


To me this seems like law of the jungle where these bailiffs have a open season to bully people who are found to be around or connected to the debtor.


Surely the law must provide protection to the innocent.

Comms69

akkers wrote: »

I am sure he will sort this out.


But I am amazed how someone can force their way in and take your stuff away when you have nothing to do with the debtor. And then you have to go the herendous troiuble of providing proof of ownership to get your stuff back. But then how many people have receipts for sofas or laptops they bought 3 yrs ago?


To me this seems like law of the jungle where these bailiffs have a open season to bully people who are found to be around or connected to the debtor.


Surely the law must provide protection to the innocent.

If you take action against them, of course it does.


There's several civil options available.

akkers

If there are civil actions available, they must be for after the action. So as an innocent person you lose your property to these hooligans you have to jump through hoops to get your stuff back.


Surely the law must porotect the innocent. How can these bailiffs take away stuff that they have no proof of ownership. Its just assumed that the stuff at the address therefore it must belong to the debtor. In effect they are stealing private property and the onus rests on the innocent owner to get it back. What a law!

Comms69

akkers wrote: »

If there are civil actions available, they must be for after the action. So as an innocent person you lose your property to these hooligans you have to jump through hoops to get your stuff back.


Surely the law must porotect the innocent. How can these bailiffs take away stuff that they have no proof of ownership. Its just assumed that the stuff at the address therefore it must belong to the debtor. In effect they are stealing private property and the onus rests on the innocent owner to get it back. What a law!

How do you expect the law to do so?


and remember that any solution you come up with, will mean lenders will increase their rates to compensate for non payers

sourcrates

Bailiffs can only make peaceful entry (through an unlocked door) where private property is concerned, however, as the business was registered at that address, the bailiffs are allowed to force entry, as technically, they are business premises.


You will need to supply receipts to prove the ownership of any valuble goods, not easy i know.

pramsay13

I think your rage should be against the family member for registering a business at your home address and then allowing a debt to get to the stage where bailiffs are involved rather than against the law which is reasonably tipped in favour of the innocent householder in my opinion.

tacpot12

The requirement for the householder to evidence that they own items within their house has always struck me as a difficult issue - who keeps the receipts for purchases indefinitely AND can find them at a moments notice?

If I was notified that the bailiffs were coming, I would move anything of value that I didn't have a receipt for out of the house. I'd even use a storage company if I couldn't find any friends or relatives who would take the items. Parking vehicles away from the home is also a wise precaution. Bailiffs are ultimately looking for the debt to be paid, and want the enforcement process to be easy for them, so they won't work too hard to identify whose assets are whose, once they have identified assets they are legally entitled to remove.

The only way to change the law is to work with your MP and campaigning groups such as Citizens Advice. Ultimately you need to come up with some new rules that ensure enough assets can be seized to persuade a debtor that can pay to pay.