Question about bailiff entry

[ukskydiver]

Hi, thanks in advance for any help and also for how useful i have already found this site.
I am having big problems with bailiffs, my business folded last year oweing thousends and i am having bailiffs calling every week for council tax, ccj's, parking tickets and unpaid fines. This was not a massive problem until i had to move out of my home and move in with my 80 year old step nan due to my financial position. As you can imagine she doesn't appreiciate the knocks at the door at 5.30am. My question is do bailiffs have the right to enter a property where i am just a lodger in someone esles home? Do they really have the right to harass an old lady just because i am staying here at the moment? After borrowing money from family to pay the last few baliffs that have called here(£1,200 total),I have run out of places to turn and I am starting to get the feeling from their body language once I tell them that i only lodge here that they don't have the right to enter. Thanks again. Sam.

[Michael Browne]

They don't have the right to enter...period, whether you are a tenant, lodger or owner.

See Here:
Bailiffs: What They Can & Can't Do

[ukskydiver]

That seems to contradict what esle I have read on the site that says bailiffs can forcefully enter if collecting unpaid fines issued by a court.

[Michael Browne]

Bailiffs currently can't 'break' into your house if your debt is 'civil'. However, if it's 'criminal' such as a non-paid fine, they can. Also they can to collect income tax. They cannot force entry for unpaid council tax or parking tickets

If it is a Magistrates Court fine then yes they can

[FairPlay77]

Originally Posted by Michael Browne

If it is a Magistrates Court fine then yes they can

Indeed, if it's a magistrates' court FINE, they they can enter your home but they cannot do so for COUNCIL TAX and most other matters.

[ukskydiver]

so, as far as my court issued fines go. What is the law when its not my home and I do not own anything in it apart from my clothes and a few bits of little value?

[tomtubby]

What should be happening is that you should be writing LETTERS to each of these companies to expalin your situation. Have you done this?

I cannt tell you the amount of times that we receive queries and the only contact that the person has had is via a mobile phone call to the bailiff.

With Magistrates Court fines, then yes there is the PROVISION that they COULD break into your home, but this is so VERY RARE and would need the agreement of the court BEFORE being allowed to do so.

In addition, the bailiff would have to have the "Warrant of Execution" in his possession and also it is only valid for 120 days !!!

The times of day vary between different companies but by and large they should always adhere to the guidelines set down in the National Standards for Enforcment Agents.

[ukskydiver]

I have wrote letters, I have had face to face meetings, I have had court hearings all of them explaining my position. The question that i would like to get help answering put in its most simple terms is. Does it make any difference that it is not my house? Thanks.

[JonCris]

If it's your place of residence then yes they can gain entry but only with an execution warrant & only to that part of the house you use, bedroom, lounge, kitchen etc: They should not enter Her private rooms

It it's not your place of residence then no they cannot enter.

The only other circumstances that would allow them to gain forced entry to Her home would be if they had placed a lien on any goods in your home & you were believed to have moved (concealed) them to Her address

[ukskydiver]

Thanks for your help.

[PizzaMaker]

Originally Posted by ukskydiver

As you can imagine she doesn't appreiciate the knocks at the door at 5.30am. Sam.

They knocked on the door at 5.30am, if this i the case, then this is not allowed. Knock on the door from 6am is allowed.