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can the court balififs force they way in to take goods for a county court summons

 

No,

 

For county court judgments the bailiff has to gain peaceable entry; i.e. they have to either let themselves in via a door/window or you let them in. They cannot force their way in. You must hide any vehicles as they could levy upon those.

 

You should also apply to the court to suspend the bailiff's warrant. You do this by filling in an n245 application for variation.

 

More info here:

 

National Debtline England & Wales | Debt Advice | Factsheet 08 Reducing Payments Or Suspending A Bailiffs Warrant On A County Court Judgment

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UPDATE

wife phoned the court baliff today and he said unless we leave him in he will get a locksmith to gain entry surly the cannot do this its only for £98.00 that i supposed to owe a company that i have a account with (howdens) and i still can use the account my limit is 25 grand its just that i was ill and the girl who used to does the books [email protected]@ked up if it was that bad they would have shut my account its was only £18.00 that was outstanding paid it the get court summons saying its 98.00 cuz of cost so anyway can the balliff get a locksmith to gain entry and another Q

i have a sign in my garden stating that unless you have a pre booked appointment with the ocupier you can be charged for tresspassing (this was put up to stop cold callers) so tecnically are they tresspassing. and i also have 3 german shepherds in the garden/house if they do get a locksmith and gain entry whos liable if they get bitten as i have a sign on the door and gate stating that i will no be responsible if anyone is bitten because i keep building materail in my garden i sometimes get gypsies wondering around any help

kind regards in adavance

chris

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I think the first thing you should do is fill in the N245 form that Sequenci advised you to in his thread. The sooner you fill it in and TAKE it to the court which issued the warrant of execution, the sooner the bailiff will cease to call. He cannot force his way into your home. If he cannot gain entry after several visits, he will return the warrant to the court for them to advise the client who asked for it, for further instructions, therefore it's important not to let him in until you get the N245 into court which you should do asap. Then contact the company who you owe the money to - to sort it out.

 

If you need any help filling in the form, please ask.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sequenci's right - if you have never let a bailliff into your house peacefully - then he cannot force entry on a subsequent visit.

 

Therefore, do not let him in under any circumstances - if he asks to use the telephone - refuse. A common tactic for bailliffs is to ask if you wouldn't be more comfortable discussing it inside. Do not go outside to talk to him and leave a door unlocked. Just get the form to the court asap.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Hi what they have pushed trought my mail box is

notice of issue of a warrant of execution

notice of non payment of warrant

then a red letter stating that this warrant will be inforced pay the amount due

a van with be hired and goods removed

when i spoke to the bailliff he just siad pay it or i will come in i told him will not let him in he just said il fetch a locksmith

phoned the county court and asked for a form the lady on the phone was helpfull noit like the bailliff he just said im not supposed to be helpful so tuff

just hope he dont come back as my husband is il and will go mental with the bailiff after the way he spoke to me he just told me if he comes back tell him wait there police on there way charge u with trespassing and see what he does bet he goes

be glad when the forms come then im going to write to the courty services and the people whi give these bailiffs there licence as there must be some way of reporting him

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I wouldnt even entertain this bailiff by answering your door to him especially if he is so rude, you dont have to let him in and he cannot force his way in either. Unfortunately trespassing is classed as a civil matter and unless he is causing a problem then the police are not usually interested and will tell you to pursue it through a civil court. You cannot be arrested for not letting him in either

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You can download the form on your computer by visititng www.hmcourts-service.gov.uk. Go to the forms section and select N245.

 

You can either print it out and fill it in by hand or fill it in on the screen and then print it and sign it. That way you won't have to wait for it to come in the post - you could take it to the court tomorrow morning and get the confirmation there and then. Save you a few days of worrying who is knocking at your door.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I have to say I am staggered at this action.

 

It is rare to have complaints about County Court bailiffs as they are salaried employees and are therefore not motivated by commission like private companies. In addition, if there is a complaint against them they have their job at stake which carries with it pension rights etc.

 

I have nearly always found then to be easy to negotiate with and helpful.

 

This bailiff will know that he CANNOT force his way into a home. That is utter nonsense.

 

I would take the advise of the others on here and complete the N245, Variation of a Court Order

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Sorry I have now re-read this thread.

 

If the debt outstanding is only £98, is there any way that you can pay this?

 

The reason why I say this is because by paying, this will then be recorded with Registry Trust that the debt is cleared which may help improve your credit rating.

 

In addition, the court fee for the N245 is £30 which would be better spent in clearing the debt.

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As so many bailiffs view these forums, I would not advise naming the court concerned as there are normally no more than 2 or 3 bailiffs in any one court and it would therefore be very easy indeed to identify not only the bailiff....... but yourself as well.

 

Only my personal point of view, so please dont shoot me down in flames !!!

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