Bailiffs permitted to use physical force against homeowners

Caporegime
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Legalised breaking and entering, this makes me sick.

And to everyone that posts the old adage "I've nothing to hide, let them do it" to every concern that comes up about this government taking away yet another liberty of ours, where is your justification now?

Ok they have said the Bailiff must operate restraint, and that they can only kick in someones door if they suspect someone is in. What Bailiff won't just say they thought they heard the TV?
 
Soldato
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I don't think theres anything new going on here.... If you've had a court ruling against you, then the Bailiffs can take what they want providing you own it (proof needed)

There was a fly on the wall documentary running for a while, which showed Bailiffs waltzing up and taking peoples cars etc. Mostly for unpaid fines/parking tickets etc.. Each person had been to court and knew they were going to lose their stuff unless they paid up!

I'm pretty sure that they can't do anything unless its been ruled by a court, they can only ask.
 
Caporegime
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That may be the case, but Bailiffs have never been allowed to force entry into your house until 2004. And as the OP pointed out, to find this from a FOIA request is pretty ridiculous.
 
Permabanned
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Yeah, but personally I would want the distress or agro. Anyone reasonable would be very annoyed if they just booted the door in rather than do proper investigations.

I agree.

I also doubt they go round booting in doors.

Its more likely they call round like reasonable people. State there purpose and then take assets.

Its only when you slam the door in there face do they kick it in.

I saw it on a council estate once.
 
Soldato
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As I understand it:-

1) These are proposed changes ....NOT LAW YET : Write to your MP and ask them to vote against it.

2) A debt collector has no rights at all and should not be confused with bailiffs. Bailiffs are appointed by the court, debt collectors aren't.

3) If you have debts, your creditors will have to go to court to get a judgement (you get informed and given a chance to reply); once the judgement is made, and you don't pay, Bailiffs may be appointed to try to recover the debt but they will have a court order to show when they call.

4) Bailiffs being told that under 2004 regulations they can break in will be collecting court FINES and NOT civil debt.

5) Get your facts straight before you go Alpha; talk about lynch mob mentality!


If you want to change things, go the correct route and you stand a chance; using violence because you think you know your facts when actually, you don't, is pretty dodgy.

This is pretty much 100% as I understand it!

If it comes to the point where Bailiffs are turning up with court orders (which they need to do anything) then it must be pretty clear whats happening..

About 8 months ago Carphone Whorehouse totally screwed up my phone contract and I ended up with 4 accounts for 1 phone, 3 of which were in the red..They passed it over for collection and threatened all manner of people to come round my house - but they couldn't do a damn thing unless they went to court - which I wish it had, however they realised their mistake and compensated me before I served papers for the agro and harrasment.

I was initially worried that they'd be breaking down the door to collect £20, however after I read up, i'm pretty much 100% sure that the only people who can use force are court bailiffs collecting on behalf of a court ruling, which you will obviously be aware of. Unless you didn't attend court - which tells its own story!
 
Soldato
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This is concerning as i get letters bailiff letters for previous owners of one of my houses quite regularly. Are these bailiffs really likely to check properly before they break into my house illegally?

If I was a student in uni I would be very worried about now.
 
Associate
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Carphone Whorehouse

My brother had a similar thing happen to him, one phone multiple contracts, aswell as CW not wanting to cancel his contract/account. Threated him with fines/shutting his phone off/baliffs and all manor of things but when my mother stepped in and asked them to take it to court they said it was a mistake and he got a free phone and some vouchers. Found it really odd to be honest :(
 
Soldato
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hrmm if you're door isnt secured/locked then debt collectors can come in cant they?
Also if there is any open windows then they can use that to come in to seize goods.
Or is that only bailiffs?
 
Soldato
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Student Hell Headingley
As I said in my first post:

Debt collectors have NO authority to do anything.

There are laws to control what they may and may not do; one of which is that they may not talk to neighbours about your debt or turn up in a van with "DEBT COLLECTORS" written on the side. They may only contact you at reasonable times too and not ring every few hours etc.



Bailiffs are appointed by a court to recover debts and will be able to show a court order authorising them to sieze goods. If they are collecting a FINE (parking, speeding etc) they are allowed to break in under certain circumstances. If they are recovering a credit card debt or a bank loan or any other civil debt, they may NOT (as yet) break in but if you give them access (leave a door or window open) they can legally use that access and once access has been established they can come back anytime.


Proof of ownership is your ( or your housemate's ) responsibility not the bailiff's, so if your mate hasn't got the receipt (to prove it is his and not yours) for his 42" screen, it will be taken.

Having said all that, many debt collection firms are used as court appointed bailiffs too which somewhat muddies the water but the paragraphs above are verifiable if you do some research.
 
Soldato
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this doesnt bother me..

nothing changes, id kill them either way, and then id have to sort the stuff out, i would give em a warning though as they are only doing their job, but they wouldnt believe me, and back to killing them
 
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Soldato
Joined
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Portsmouth/Fareham
Yet another step towards a police state. Nothing better than giving civilians power over others to ensure loyalty. Simple psychology for simple minded citizens governed by greed and a blinkered view of the world. Seriously, wake the **** up people.

Fight this at every opportunity. :(



Well said, can't believe the OP is actually true.
 
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