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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 12th March 2008, 18:48   #1 (permalink)
petrified
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Default can a bailiff force entry

Hi all

Please can someone give me some advice please

i currently have 2 council taxes running at present one has an arrangement in place with the council rhe other is with a bailiff

had a visit from the bailiff today i was not in, but he has left me a letter

in it i states that they may remove goods in my absence,if they are unable to gain acess to my property they may utilise the services of a locksmith if appropriate

they have not been in my property and i have not signed a walking possesion order

can someone please set me straight

as i want this to be sent back to the council as they said they would accept my proposal when its sent back to them but they wont recall it from the bailiffs

any advice greatly appreciated
Petrified
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Old 12th March 2008, 21:03   #2 (permalink)
tiglet
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Default Re: can a bailiff force entry

No, they can't do this.

Are you in a position to pay anything back to the council? If so, I would start paying by internet banking/telephone banking to them, making sure you quote the correct reference number.

Can you post the exact wording of the note, leaving out identifying features?

Also, ensure you leave doors/windows locked at all times so that they can't gain legal entry through an open door or window.

The council remain responsible for the conduct of the bailiffs and if they act outside of the law, you may have a case to get the council to take the debt back in-house.
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All help is merely my opinion only - please seek legal advice if you need to as I am not legally qualified.
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Old 12th March 2008, 22:19   #3 (permalink)
FairPlay77
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Default Re: can a bailiff force entry

Quote:
Originally Posted by tiglet View Post
No, they can't do this.

Are you in a position to pay anything back to the council? If so, I would start paying by internet banking/telephone banking to them, making sure you quote the correct reference number.

Can you post the exact wording of the note, leaving out identifying features?

Also, ensure you leave doors/windows locked at all times so that they can't gain legal entry through an open door or window.

The council remain responsible for the conduct of the bailiffs and if they act outside of the law, you may have a case to get the council to take the debt back in-house.
Please don't be put off by the council if they pretend that they can't take back your case from the bailiff. The CAN take back debts from the bailiff and there are many cases where they have done so. If the pen-pushers and jobsworths at the council are unreasonable, don't give up. Enlist the help of your local councillor. Also, there's nothing to stop you paying the council whatever they say. They cannot legally refuse payment. But never pay them by direct debit, which gives them the power to change the amount payable. If you can't pay by credit card, pay them by standing order, which it is impossible for them to change without your permission.
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Old 12th March 2008, 22:56   #4 (permalink)
PASTTACTICS
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Default Re: can a bailiff force entry

Quote:
Originally Posted by petrified View Post
Hi all

Please can someone give me some advice please

i currently have 2 council taxes running at present one has an arrangement in place with the council rhe other is with a bailiff

had a visit from the bailiff today i was not in, but he has left me a letter

in it i states that they may remove goods in my absence,if they are unable to gain acess to my property they may utilise the services of a locksmith if appropriate

they have not been in my property and i have not signed a walking possesion order

can someone please set me straight

as i want this to be sent back to the council as they said they would accept my proposal when its sent back to them but they wont recall it from the bailiffs

any advice greatly appreciated
Petrified
Right. A bailiff only makes a set amount of visits b4 he returns the case back to the council. Are you on any benefits like i.support ? etc ?
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Old 13th March 2008, 02:02   #5 (permalink)
petrified
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Default Re: can a bailiff force entry

not on benefits as such but i do get tax credit now

i was made redundant and i took the first job that came along and im on a low income thats how i got in such a mess

i will scan the letter tomorrow when i get back home from work

thank you kindly for your help
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Old 13th March 2008, 09:25   #6 (permalink)
tomtubby
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Default Re: can a bailiff force entry

I could paste the wall of our office with these letters. This is normal.

I would suggest writing back to say that for a removal to take place there must first have been a valid levy, which is denied.

I would then say in the letter that due to the threatening tone in their letter, you hope that they can now understand why you will now REFUSE a bailiff from their company "peaceful entry" into your home.......
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Old 13th March 2008, 16:39   #7 (permalink)
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Default Re: can a bailiff force entry

many thanks for that i will write to them now thank you once again
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