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Bailiffs permitted to use physical force against homeowners

Discussion in 'General Discussion' started by Indy500, Dec 21, 2008.

  1. iBot

    PermaBanned

    Joined: Sep 12, 2005

    Posts: 3,309

    Location: England

    I thought only pikey family's had the bailiffs coming round?

    How does this effect "us"?
     
  2. Acrotomophilia

    Capodecina

    Joined: Aug 29, 2005

    Posts: 15,270

    How about for starters they get the wrong house!
     
  3. iBot

    PermaBanned

    Joined: Sep 12, 2005

    Posts: 3,309

    Location: England

    accidents happen.

    I'm sure they will be more than kind enough to replace the door than get done for criminal damage.
     
  4. platypus

    Caporegime

    Joined: Jul 25, 2003

    Posts: 38,980

    Location: Rhône-Alpes+Cambridge

    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?
     
  5. V-Spec

    Mobster

    Joined: Jun 8, 2005

    Posts: 3,698

    Location: London

    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.
     
  6. Burnsy2023

    Man of Honour

    Joined: Nov 17, 2003

    Posts: 36,400

    Location: Southampton, UK

    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.
     
  7. platypus

    Caporegime

    Joined: Jul 25, 2003

    Posts: 38,980

    Location: Rhône-Alpes+Cambridge

    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.
     
  8. iBot

    PermaBanned

    Joined: Sep 12, 2005

    Posts: 3,309

    Location: England

    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.
     
  9. Things change I've changed

    Capodecina

    Joined: Jul 27, 2005

    Posts: 11,892

    Location: The Orion Spur

    Agreed, the day they try and break in my home is the day I go to jail for a very long time, I know it's wrong but sometimes I can't help myself and breaking in my home would be one of those times.
     
  10. V-Spec

    Mobster

    Joined: Jun 8, 2005

    Posts: 3,698

    Location: London

    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!
     
  11. Dark_Angel

    Capodecina

    Joined: May 12, 2005

    Posts: 12,637

    If I was a student in uni I would be very worried about now.
     
  12. Nico_Joey

    Hitman

    Joined: Mar 3, 2008

    Posts: 909

    Location: Land Based

    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 :(
     
  13. Surfer

    Capodecina

    Joined: Dec 31, 2005

    Posts: 11,179

    Location: Glasgow

    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?
     
  14. singist

    Mobster

    Joined: Oct 18, 2002

    Posts: 4,446

    Location: 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.
     
  15. platinum87

    Mobster

    Joined: Nov 25, 2007

    Posts: 4,945

    Location: London

    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
     
    Last edited: Dec 22, 2008
  16. Blue Cypher

    Wise Guy

    Joined: Dec 5, 2005

    Posts: 1,648

    Location: Manchester

    Dont forget the spade and bag of lime then :D
     
  17. Knubje

    Soldato

    Joined: Jun 5, 2008

    Posts: 6,234

    Location: Portsmouth/Fareham



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

    Capo Crimine

    Joined: Oct 20, 2002

    Posts: 64,396

    Location: Wish i was in New York

    I have instructed Bailiffs at work, the VAT man has more powers than they do.
     
  19. MotherMayI

    Wise Guy

    Joined: Dec 9, 2007

    Posts: 2,410

    Thatd be real smart, wouldnt it?

    Way to go acting hard on the internet though, you tool :up:
     
  20. ps3ud0

    Caporegime

    Joined: Sep 27, 2004

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    Location: Luton ;)

    Wheres my shotgun :mad:;)

    ps3ud0 :cool: