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Hi all,

I received a phone call this morning from my tenant who told me he had bailiffs from Phoenix knocking on the door demanding over £600 for PCNs that have not been paid. They told my tenant that they would return tomorrow with the police to seize my property (Flat) in order to cover the outstanding debt. My first issue is I have not been at this address for almost a year and a half so surely any letters/fines etc. would have been sent to the address the vehicle is registered to and secondly is it actually possible and realistic they would actually seize the premises to cover such a small amount?

Any help would be greatly appreciated as I plan to speak with them tomorrow and would like to know exactly where I stand with the situation

Thanks in advance

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They cant break into your property, and they cannot 'seize' your flat. I doubt the police will bother going with them over an unpaid parking ticket. Its a civil matter.

 

I am a buy-to-let landlord and often use bailiffs liability insurance policies to refunish a property if they nick the contents for a tenants unpaid debt. I usually get it all replaced new for old and follow a simple procedure in recovering the costs in the small claims track. Lately, bailiffs have been more careful when looking to seize goods from somone in rented accommodation.

 

At the end of the day, you are not liable for your tenants debts. Make sure you have an accurate inventory of the property, and when you replce the goods, its always charged to the council who instructed the bailiff. Never sue a bailiff, thats the councils problem.

Professional property investor and conveyancer

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Im confused, are the PCN's yours or your tenants?

If the PCN is your tenants then they cannot seize your flat or your property that is within the flat. If the PCN is yours then your tenant can tell them to go swivel, as they cannot touch what does not belong to the debtor. Tell your tenant to NOT answer the door.

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Hi all,

I received a phone call this morning from my tenant who told me he had bailiffs from Phoenix knocking on the door demanding over £600 for PCNs that have not been paid. They told my tenant that they would return tomorrow with the police to seize my property (Flat) in order to cover the outstanding debt. My first issue is I have not been at this address for almost a year and a half so surely any letters/fines etc. would have been sent to the address the vehicle is registered to and secondly is it actually possible and realistic they would actually seize the premises to cover such a small amount?

Any help would be greatly appreciated as I plan to speak with them tomorrow and would like to know exactly where I stand with the situation

Thanks in advance

 

Complete crap, they have no power of entry and they know this hence the threat re the police. The police would only ever attend to prevent a breach of the peace and would not attend as a matter of course to assist a private bailiff recover a civil debt.

 

In these cases, especially re parking fines, the usual bailiff tactic is to 'levy' or seize the car, which is usually outside the property and this is an easy way to enforce the debt. However, from what you say so far it does not appear that such a tactic is open to them here.

 

Bailiffs powers are very limited and it appears that virtualy all firms train new recruits to bully, bluff and blatantly lie in order to circumvent the obstacles. Worse still, they will almost certainly have loaded the bill/debt with bogus and non-statutory fees such 'van fee' attendence fee' - well know tricks of the trade that are fraudulent in a criminal sense.

 

OK, don't under any circumstances let them and complain to the council (issuing ticket) that the bailiff is completely misrepresenting their powers and abusing their authority.

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