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We owe some money on council tax due to ill health and have some personal debts like most people now-a-days, my wife is heavily pregnant and she phoned me today in tears because someone was trying to break into our front door. They left no note and she hid upstairs unsure what was happening. They were driving an old L reg luton van and were dressed in jeans and t-shirts and looked more like vaigrants than baillifs. The kicked the door so hard they have broken the infill panel at the base, can this be classed as criminal damage or are they allowed to do this. Unfortunatley she didnt get the full number plate but does this seem like the actions of a baillif just in case they return. Also if they do manage to break in we have two dogs, if they bite the people breaking in are we liable?. I live in a fairly good area and cant believe that these people were criminals trying to burgal our house.

 

Please help wife is rearly upset and with her being pregant I want to do all I can to keep her calm.

 

Thanks

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get in touch with the council and your M P now

the council are responsible for all bailiffs actions as they work the council as there agent for the collection of council tax tell the council your wife is pregnant and very upset about this take a photo of the damage to the door and ask the council what they are going to do about this

regardless of whether you owe council tax or not your wife should not have been treated like this

 

and inform the council and the bailiffs company that your wife is pregnant

 

remind the council and the bailiffs that your wife comes under THE NATIONAL STANDARDS OF ENFORCEMENT AGENTS 2002

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.

fling this at them also taken from the above

 

Professionalism and conduct of the enforcement agent

 

  • Enforcement agents should always produce relevant identification on request, such as a badge or ID card, together with a written authorisation to act on behalf of the creditor.
  • Enforcement agents must act within the law at all times, including all defined legislation and observe all health and safety requirements in carrying out enforcement. They must maintain strict client confidentiality and comply with Data Protection legislation and, where appropriate the Freedom of Information Act.
  • Enforcement agents, for the purpose of distress or execution shall, without the use of unlawful force, gain access to the goods. The enforcement agent will produce an inventory of the goods seized and leave it with the debtor, or at the premises, with any other documents that are required by regulations or statute.
  • Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.
  • Enforcement agents must not misrepresent their powers, qualifications, capacities, experience or abilities.
  • Enforcement agents must not discriminate unfairly on any grounds including those of age, disability, ethnicity, gender, race, religion or sexual orientation.
  • In circumstances where the enforcement agency requires it, and always where there have been previous acts of, or threats of violence by a debtor, a risk assessment should be undertaken prior to the enforcement agent attending a debtor's premises.

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a bailiff collecting council tax CANNOT BREAK into your home they can only gain entry by peaceful means though an open door or window so keep door locked do not open the door no matter what the bailiffs says

if you have a car do NOT leave on your drive or outside your house unless it is on H P do not leave anything in your garden and i mean anything not even a spade they will levy on it

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Thats a great help, but as I said im not sure who was trying to get in. We havea few personal ebts which just keep selling the debt on, can they sell it to anyone who feels tht they have the rigt to break in?. I wont know who it is untill they come back.

 

Thanks

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We have a car but it has 11 grands worth or HP on it and now only worth 3 so I think thats safe. Only paid 12 months off still got 36 left.

 

Im just worried that the bank etc may have sold the debt on (for bank charges anyway) and now its in the hanks of some scrote who thinks he can make a good profit

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I also heard that baillifs are now allowed to force entry and restrain occupants is this right or am i getting confused?

 

Sorry just worried about my wife

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phone the council and ask them if the debt has been sent to the bailiffs explain what happened and ask them to get in touch with the bailiff company to find out if a bailiff was sent to your property today

explain to them there was no paper work left and you don't know what bailiff company they use

 

the council will know if a bailiff has been today because there will be a charge added to your account

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I also heard that baillifs are now allowed to force entry and restrain occupants is this right or am i getting confused?

 

Sorry just worried about my wife

 

 

This is not true, if a bailiff has never been into your house and has no wp then they cannot force entry, and regardless of what they may have or not - they have no right to restrain anyone


Hope this helps

 

 

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Thats reassuring, dreading going to work in case they turn up again, just had to take the wife to hospital because she was in pain.

 

Thanks

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If they try force entry again you have the right to use reasenable force to keep them out as a mans home is his castle without a WPO

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Jeans and t-shirts driving an 'L' reg luton?

 

Sounds more like two pikies trying there luck to me.

 

Have you made any enquiries with your neighbours about whether they received any knocks themselves?

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I'd be tempted to ring the police and report an attempted break in - they may have had similar reports.


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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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I'd be tempted to ring the police and report an attempted break in - they may have had similar reports.

 

I also would second that, it does not sound like bailiffs.

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I'd make sure of the identity of who ever was at the door.

Sounds very suspect if you ask me.

 

Call crime stoppers on : 0800 555 111

 

In any event, its an illegal act on your property. Even if you have no evidence of a number plate, its best if its logged with the police.Their response time will be reduced if this happens again when your out.

 

Fwog

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I'd make sure of the identity of who ever was at the door.

Sounds very suspect if you ask me.

 

Call crime stoppers on : 0800 555 111

 

In any event, its an illegal act on your property. Even if you have no evidence of a number plate, its best if its logged with the police.Their response time will be reduced if this happens again when your out.

 

Fwog

 

yep it will only take them 2days

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Call the police NOW!! and report this incident, bailiff or not no one unless a warrant is issued by the courts is allowed to break into your home or even attempt it. If you have not had a notice from the courts then please report this incident straight away.

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Thanks to you all, have phoned police and logged details with them, they said they will get back to us but i dont hold my breath.

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The Ministry of Justice have introduced an on line website to enable debtors to check whether a bailiff is certificated.

 

I have started a new thread and the details are here:

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/210956-line-search-check-if.html#post2312051

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