Powers of bailiffs

[BensGrandad]

I was talking to somebody recently who said a bailiff arrived at their house and demanded payment or they would start removing goods irrespective of who owned them. They said that having removed them the person had to then prove that they were not theirs to get them back.

Sometime ago they had to do a 'walk in possession' that listed all goods and then return 4 days later to remove the goods this allowing 4 days for the bill to be paid has this all changed and can they just walk in now. What rights of entry do they have?

 

[Philzo-93]

How can he live in a house without any of the items of goods not bieng owned by him/her
Doesn't make sense

 

[Tricky Dicky]

I was talking to somebody recently who said a bailiff arrived at their house and demanded payment or they would start removing goods irrespective of who owned them. They said that having removed them the person had to then prove that they were not theirs to get them back.

Sometime ago they had to do a 'walk in possession' that listed all goods and then return 4 days later to remove the goods this allowing 4 days for the bill to be paid has this all changed and can they just walk in now. What rights of entry do they have?

I'm sure the have to serve some sort of notice, presumably with a time allowance. I couldn't quote the law though.

I once rented out a room to a friend who had not paid his tax bill - but had moved out many months beforehand. I came home to a note through the door saying the balliffs had been, and would call again and could remove items of property. I rang them to sort it out and tell them he didn't live there (which they were happy with), and nothing else happened, but I don't know what might have occurred otherwise.

 

[Acker79]

How can he live in a house without any of the items of goods not bieng owned by him/her
Doesn't make sense

Rented goods. Items friends have left either because they are planning on going back or because they forgot to take them with them (I've borrowed my friend's games consoles before, lent him mine, loaned each other dvds ipods, etc.). Maybe renting the property fully furnished. Might have a lodger, or some friend staying temporarily.

There's actually a lot of reasons why someone might have items that are not theirs in their own home.

 

[bhaexpress]

Should have called the Police.

 

[Acker79]

Should have called the Police.

I saw one of those TV programmes about bailiffs expose or police or rogue traders show, which involved filming bailiffs going into a house and the lady who owned it was a lawyer or friend of a lawyer, who knew her rights, she refused to let the bailiffs act for a legitimate reason, the police were called in, and the police officers that showed up had no idea what the law was regarding bailiffs and their powers.

The bailiffs said that most of the time the police don't know what the law is and they use it to their advantage, with the police generally siding with them but in this instance the woman happened to be absolutely certain of the law and knew the right people to call or the right people for the police officer to call.

 

[sirbrian]

When they call don't let them over the door threshold, they use the 'prove ownership tactic' if they have reasonable grounds to suspect the debtor owns it.

Once in they could distrain on goods and make a walking possession agreement for a given period then pay up or removal. Oh and once they have entered and distrained they can break back in - it happens.

 

[Nappy thrower]

Depends if they are county court bailiffs or private ones.

County court Bailiffs can gain a warrant and a lock smith to gain entry.They have far more powers then private ones. Phone the bailiff up and offer to make payments.

Private bailiffs have no such power but will try dirty tactics to gain entry.Keep all windows and doors locked. Hide the car away from property.


What company sent the bailiffs in?

 

[Nappy thrower]

When they call don't let them over the door threshold, they use the 'prove ownership tactic' if they have reasonable grounds to suspect the debtor owns it.

Once in they could distrain on goods and make a walking possession agreement for a given period then pay up or removal. Oh and once they have entered and distrained they can break back in - it happens.

Totally pointless not allowing them in if they are county court ones. They will simply call the police and get a locksmith which they will charge you for.

 

[beorhthelm]

as i understand it, proper court baliffs have more power than the police, they can force entry and take what is required. but they wouldnt be used with out a warrant, so it might be the warrant empowers them. other "baliffs" ie debt collectors have bugger all rights.

defining who owns property is a tricky area, i wouldnt be at all surprised if they can take first and determine ownership later in order to avoid an obvious loop hole. debt collectors i think are only allowed to take items you offer, so ownership is implied or irrelevent.

 

[Nappy thrower]

as i understand it, proper court baliffs have more power than the police, they can force entry and take what is required (though only technically the possesion of the debtor, tricky area). but they wouldnt be used with out a warrant, so it might be the warrant empowers them. other "baliffs" ie debt collectors have bugger all rights.

Technically not entirely true.

There is a lot of items they cannot touch which can be found if you look it up.

For instance if you have a pc and you have a child that goes to school then stick the pc in the childs room. Bailiffs cannot touch it,same with games consoles.

 

[Don Quixote]

Get a gun is my first advice to you.

 

[BensGrandad]

Technically not entirely true.

There is a lot of items they cannot touch which can be found if you look it up.

For instance if you have a pc and you have a child that goes to school then stick the pc in the childs room. Bailiffs cannot touch it,same with games consoles.

I am a bit lazy but where is that information available as I would like to read it in case it ever happene to any of the family with a parking ticket or whatever.

 

[cloud]

Private bailiffs have no such power but will try dirty tactics to gain entry.Keep all windows and doors locked. Hide the car away from property.

What happens if they clamp the car? Does it mean it's illegitimate and you can call the police and get them to un-clamp it?

 

[BensGrandad]

If iwas done for a parking offense the man to PM is Westdene Seagull who seems to know about these things, or there is a website but I cant rememeber the name pepipoo or similar.

 

[Seagull on the wing]

Think that most people...police/bailiffs etc have to have court approval,debt collectors have no right to take anything and have to get court summons to retrieve property...as far as I know the only people who can enter a property without court orders are the Customs & Excise.

 

[The Peanut Roaster]

All depends on what the debt is, as to what 'powers' they have.

Good link here.

National Debtline England Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

 

[guster]

I dont think private bailiffs have any powers if you dont let them in. Even if they show up with the police, the police are only there in case a breach of the peace happens, just dont let them in. Also there is a time restrictions on when they can show up (im not sure which bailiffs this refers to) its something they are not allowed to enter property before 9am (unless invited in).... which might leave you valuable time to "Disappear" some valuable items.

Good luck.

 

[glasfryn]

we had a bailiff turn up at the cafe we had in Lewes road to take away the kitchen extractor for which the last owner had got into an exorbitant HP agreement and I refused to pay One man turned up with a screwdriver to take away a at least 2 tonne extractor that went through a glass skylight which they would have had to repair.



he went away and we never heard from them again

 

[glasfryn]

I dont think private bailiffs have any powers if you dont let them in. Even if they show up with the police, the police are only there in case a breach of the peace happens, just dont let them in. Also there is a time restrictions on when they can show up (im not sure which bailiffs this refers to) its something they are not allowed to enter property before 9am (unless invited in).... which might leave you valuable time to "Disappear" some valuable items.

Good luck.

this sounds like very good advice ......don't leave any windows open either..........or cat flaps