re balifs help

[ramone1977]

can balifs come into your home when aT WORK balif from equita states then they can gin entry into my home and take my stuff when i am not there as it belongs to a freind i am worried i paid 20 pound aweek of arrears to them but missed a few now they have sent in balifs no negotiations just pay or we take simple as that rude and abrupt whemn phoned or jjust cut me off.

[freakyleaky]

Thread moved to baliffs forum.

[kermit2482]

Firstly, have you signed a walk in pocession form???

 

If you have not then dont worry atall just make sure you keep your house secure when your at work, if you have signed one then technically they have the right to come in, however forced entry in general is not an option although in certain circumstances locksmiths can be called, but let me assure you this does not generally happen if no-one is home neither for that matter have i ever seen it done and i have been a bailiff for a while now.

 

Peaceful entry is generally the preferred method, but i clearly cant speak for all bailiffs nor bailiff companies, but in my experience i have never seen it done yet!!!!

 

I hope this helps.

[I've got no money]

Can I just clarify a bit of detail - I presume its' council tax - how much do you owe - how much can you actually afford and as Kermit asks have you signed a walking possession agreement

[ramone1977]

i owne 350 and i have not signed anything as i spoke to balif on phone and refused to let him in

[WWOW]

can balifs come into your home when aT WORK balif from equita states then they can gin entry into my home

 

They can gain entry peacefully by entering through an unlocked door or window. They cannot break & enter and they must never come into physical contact with anyone or push them aside, otherwise they commit offences under the Criminal Damage Act 1971 and Offences Against the Person Act 1861.

 

and take my stuff

 

If they can gain access to it.

 

when i am not there as it belongs to a freind

 

Your friend can declare ownership which stops a bailiff levying on them for somebody elses debt.

 

i am worried i paid 20 pound aweek of arrears to them but missed a few now they have sent in balifs no negotiations just pay or we take simple as that rude and abrupt whemn phoned or jjust cut me off.

 

They are being unreasonable, not necessarily unlawful. If the Debt is Council tax then ask the council to take the case back to them and your friend must make a declaration of ownership.

 

This is a statement sworn before a Commissioner of Oaths (£5-10 fee applies). Make four copies, send one to the bailiff by post, one to the local police, one for your own records and one to hand to the bailiff through a window if he turns up.

 

Never use recorded delivery when serving documents by post - it gives the bailiff an opportunity to decline receipt. PO Box addresses are fine.

 

 

 

 

DECLARATION OF OWNERSHIP

 

 

 

I [NAME OF FRIEND] of [ADDRESS AND POSTCODE] make this statement knowing that it may be presented to a Court and believing the contents to be true.

 

1. I am the lawful tenant of the aforementioned address and own all its contents and I declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of my goods or deprive me of them for the purposes of using it as leverage for obtaining a money transfer from somebody else.

 

2. I further declare that any bailiff or person seeking a money transfer from somebody else including members of my household may not consider my goods property and chattels to be prima facie to be the property of, or belonging to somebody else.

 

3. This statement will be served on a firm of bailiffs known as [NAME] of [ADDRESS] by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978 as they have made a threat to convert my goods to somebody else’s use.

 

4. I believe that the facts given in this statement are true.

 

 

[NAME] _______________________

 

Date__________________________

 

Sworn before me:

 

______________________________

An officer of the Court.

 

 

Cover letter serving affidavit on the bailiff:

 

Name of Bailiffs

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

BY POST AND BY HAND

 

Dear Sir/Madam

 

Re: [YOUR NAME]: Notice of ownership of property

 

Please find the enclosed affidavit for your information.

 

I understand you or your firm of bailiffs has seized, or is intending to seize my chattels or other property belonging to me at the above-mentioned address as collateral for an apparent debt belonging to somebody else.

 

Please be advised that any attempt to subvert this notice will automatically result in a Form 4 being filed at the bailiffs certificating court without contacting you further. Both you as a firm and your bailiff may be criminally liable for offences under Section 2 and 4 of the Fraud Act 2006 and any criminal aspect of this matter will be passed to the police. You should seek advice from a solicitor showing the enclosed notice.

 

This document is delivered by Royal Mail and served on you by the ordinary course of post under Section 7 of the Interpretation Act 1978 and it is now your responsibility and in your own interests this document is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours very truly

 

[YOUR NAME]

cc [NAME OF FORCE] Police

 

 

And send a copy to your local police authority.

 

Name of Police Authority

TO WHOM IT MAY CONCERN

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: Bailiffs and Sections 2 and 4 of the Fraud Act 2006

 

I enclose a copy of an affidavit I have sent to a firm of bailiffs known as [NAME OF BAILIFFS] of [ADDRESS OF BAILIFFS] by even post who threaten to obtain my goods as a lien for somebody else's debt. I understand this commits a criminal offence under Sections 2 and 4 of the Fraud Act 2006 if they do so following good service of the enclosed affidavit.

 

For crime prevention purposes, please assign an incident reference number to enable CAD to be quickly aware of the circumstances should an emergency arise, and if needed, facilitate a proper criminal investigation.

 

Yours Sincerely

 

[YOUR NAME]

Enc: copy of affidavit.

 

 

 

If you need to file an official complaint against the bailiff, complete a Form 4 and attach a copy of the above affidavit and send to the bailiffs certificating court. Ask for your costs and your friends affidavit fee.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

 

Now ask the council to take the debt back from the bailiffs for unreasonable behaviour.

 

 

Name of Council

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]

 

 

On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became vexatious in nature.

 

On [DATE] I asked you the council to take the case back from the bailiffs because I had already making regular payments to clear the arrears, and my request was declined.

 

I now ask the council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in fourteen days from the date of this letter.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978. It is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

Enc 1st payment.