Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
If you are having 'bailiff issues', then please read on.
When posting a query specific to your problem, it'll help people answer quickly if you say what the debt is for (fine, council tax, parking ticket etc..) and what exactly has happened so far and which bailiffs are collecting it.
- What rights we have and which laws apply depend on whether the debt concerned is civil or criminal, and what it is for. bailiffscurrently 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. But they could resort to clamping your car. There are different kinds of bailiffs; Private Bailiffs, county court Bailiffs, Fines Officers.... It's a mine-field.
- Below is a list of potentially useful links to help you find out what you need to know about your particular problem.
HMCS Policy on Collection of Fines (2006)
This brief memo clearly sets the scene on the Govts line. They want fines collected more efficiently, but also want the process to be administrative. I.e. not taking up court time. 'The offender should be given every opportunity to comply'. Interesting stuff!
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If bailiffs want to take stuff belonging to you for someone else's debt
... or if they want to take stuff belonging to someone else (eg parents) to pay off your debt.
In either of these circumstances you need to have a Statutory Declaration saying who the stuff belongs to. You swear the Statutory Declaration in fron of a solicitor of commisioner of oaths (it will cost lesss than £10) and then make several copies. When bailiffs come, you give them a copy trough the letterbox rather then opening the door to them.
In the example here, it says that all items 'belong to me and my wife'. Obviously this needs to be changed. Also you can attach a schedule of specific items. In another case of a young man living with friends who were having debt problems, he listed all his posesions in a schedule - "all the items in the schedule belong to me..."
Here is the example (thanks to Ell-enn)
STATUTORY DECLARATION
I, [name] of [address]
make the following declaration under the Statutory Declarations Act 1835
[All items contained within the property]/[All the items in the schedule below within the property...] at the above address and within it's boundaries, are owned by myself [and my wife Mrs XXXXXXX]. [There are no items within the property or it's boundaries belonging to any other person.]
[Schedule
<list of items>]
I make this statement conscientiously believing the same to be true and by virtue of the provisions of the StatutoryDeclaration Act 1835.
<signature of person before whom the declaration is made>
Full Name Qualification
Address
Use or delete bits in [ ] as appropriate
Steven
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Re: What bailiffs 'can' and 'cant' do?
etc..) and what exactly has happened so far and which bailiffs
