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Can Bailiff's break in while no one is home?


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Basically, my mum owes some money on her Council Tax, so we are getting bailiffs round quite a lot lately. The other day when we got home, there was a letter saying that a removal van was booked for 6 AM the next morning. They didn't turn up in the end, but now I'm worried that they will do something while no one is home.

We lock all of the doors and close the windows anyway (especially with the amount of theft around our general area).

So I just want to know, is there anything that the bailiff can do to get in, even with the doors and everything locked?

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Not without a court order

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and not for ctax either

 

Question can he break into my house while im out if no one is in, he has never been in my house before ---End Quote---

To be able to force entry to your home he needs the following:

1 - he must have gained previous peaceful entry and made a valid levy on goods.

2 - next time he calls you must have denied him entry following a default on a payment due.

3 - he must get the approval of the Council to apply for a forced entry, and they MUST agree FIRST

4 - he must apply to the Magistrates Court for an Order allowing him to force entry - very rarely given

5 - he must write to you giving you a date and time of when he is coming

6 - if you are then not in he may make a forced entry

thus 99.9% of the time - So you are a long, long way from this happening - not that it will, and as you have paid up to date minus his fees then no application to force entry will succeed.

Any hassles with the Bailiff do no disappear overnight and it does take a long time to resolve. As said previously the Council cannot wash their hands of this and if they insist they can do nothing then they leave themselves wide open. As you no longer reside within the same authority then you must complain at the highest level ie the CEO. It would do no harm to also inform the Leader of the Council and his opposite number of what is going on also. As for the Bailiff themselves you must also challenge the fees they are trying to claim. As you paid after the levy was made you may indeed be liable for some fees but definitely not what they are claiming.

PT

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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JwBread Are you able to tell us a little more with regards to this debt

 

Sure. Basically, my mum can't afford to pay the council tax on the income that she receives (I think it's something around £90 a week), and she hasn't paid it for a few months now. At one point, a bailiff came round for an outstanding debt of some £2,000, and since then it's basically just started to climb.

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has the bailiff been in the the house did he leave a notice of seizure of goods does mum have a car

 

He's never been in the house, and no, she doesn't own a car.

I'm not too sure on the notice, I don't think that there has been one posted through.

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Is your mum claiming any benefits like housing benefit or CT benefit.. If not has she applied for any?

 

Who are the bailiff company, dont name the bailiff.

 

How much did she originally owe?

Have you had a break down of any bailiff charges?

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Is your mum claiming any benefits like housing benefit or CT benefit.. If not has she applied for any?

 

Who are the bailiff company, dont name the bailiff.

 

How much did she originally owe?

Have you had a break down of any bailiff charges?

 

I believe it is something like Newlyn.

She claims benefits to help with the rent, and I think she does have CT benefit, but recently she also got behind on her rent, and we were pretty close to being evicted, so obviously for her, our rent is her priority.

As for the original debt, I really don't know, but I think that they are broken down into months.

I know that she contacted a company who contact people that she is in debt with and say that she can only afford to pay back so much in a month, and that should stop the bailiffs from coming round.

The thing is, I suffer from terrible anxiety issues, and I can never feel really calm or anything unless I am 100% out of the blue with these types of things.

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Are you under any medication with regards to your anxiety issues.

 

There are a few things your mum can do:

 

Ignore the bailiffs and hope they will return the Debt to the council nullo bono.

Contact the bailiff company and explain the situation, they will want to come round and set up a payment plan but this will cost your mum more and they will levy on items.

Start paying the council via their website, using the account number of the account that is in debt. Email council that this is what she is doing.

You can also involve your local councillor or MP requesting help from them.

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Are you under any medication with regards to your anxiety issues.

 

There are a few things your mum can do:

 

Ignore the bailiffs and hope they will return the Debt to the council nullo bono.

Contact the bailiff company and explain the situation, they will want to come round and set up a payment plan but this will cost your mum more and they will levy on items.

Start paying the council via their website, using the account number of the account that is in debt. Email council that this is what she is doing.

You can also involve your local councillor or MP requesting help from them.

 

In my opinion, the bailiffs in question are lazy at their job, and seem to want us to think that we have no choice other than to let them in and take stuff or give them the full outstanding balance at once.

I'm not on any medication, long story short; I got told to lose some weight.

But thank you for your help, you have been of great assistance!

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as there has been no levy on your mums goods they cant get a locksmith ,police,ect, to force entry do not under any circumstances allow them into the house

 

the most your mum can be charged (without a levy on goods)in bailiff fees is £42.50 this is 1st visit fee £24.50 and 2nd visit fee £18 they can come every day for a month but they cant charge further fees

 

is your mum on benefits

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2K owing in these circumstances sounds as if there are some old issues to be dealt with. You need to establish what is actually owing and for which periods of time. Your mum should ring the Council on Monday and ask the following:

1 - how many Liability Orders they have

2 - when they were granted

3 - the address each one concerns

4 - the eaxact period of time each one covers

5 - how much each one is for

6 - how much is outstanding on each one

7 - the date they were passed on for enforcement

Whilst speaking to the Council she should also enquire if the have a Welfare Rights Adviser who may be able to help make sure she is getting all she is due. I would also be inclined to ask your local Councillor(s) for help with this.

 

There is a strong possibility the Bailiff may be overcharging, she should send off for a breakdown of the fees they have charged, send them something similar to this - adapt as you see fit and send initially by email backed up by a copy in the post:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

Is there anyone within the household who is ill or disabled?

 

PT

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As long as you refuse to allow a bailiff to come into the home you will be OK.

 

This is because, UNLESS the bailiff can either levy upon goods INSIDE the home or on a car OWNED BY YOUR MOTHER then the fees that he can legally charge are LIMITED to just £42.50 for "attending to levy" (where NO levy was made). The bailiff company will then return the account back to the council as Nulla Bono (means not suficient assets).

 

However, it is important to ensure that your mother makes payments to the council as otherwise, she can be seen as "willfully refusing to pay".

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