Baliffs Trespass

[abix66]

I had a visit by a baliff, of which i asked him to leave. which he refused.

 

i told him that he was trespassing and that the property is not mine but my wife was the owner

and she did not wish to have him at the property.

 

he then called the police, which did not say or do anything.

 

in hind sight i should have left him there and my wife and i carry on with going out for the evening

and locked the security gates to the property.

 

was he trespassing?

[maroondevo52]

Hello and Welcome abix66.

 

I've moved this thread to the Bailiff Forum, please continue to post here regarding this issue.

 

Thanks,

 

Scott.

[renegadeimp]

Can you give more info on why the bailiff was there? Depending on the reason and/or type of bailiff, he can access your property. Then theres the issues with levy fee's etc.

[welsh1]

The simple answer is he was not trespassing if he had a warrant against you.

 

If he committed an illegal act while on your property like forcing his way into your house, then he would be acting illegally and could be removed from the property.

 

You should remember trespass is a civil offence and the police are not lightly to be interested unless there is a breach of the peace.

Also you can only use "reasonable and proportionate force"so if you take an axe and threaten the bailiff who is unarmed it is likely you will be the one arrested.

[BankFodder]

If he had no right to force his way into your property then he was certainly required to leave when asked.

Of course, as always it is a question of evidence

[welsh1]

If he had no right to force his way into your property then he was certainly required to leave when asked.

Of course, as always it is a question of evidence

 

The op never mentioned that the bailiff had forced his way INTO a property,but only that the bailiff was on the property,so as long as he had the correct paperwork he would not be trespassing.

[abix66]

The op never mentioned that the bailiff had forced his way INTO a property,but only that the bailiff was on the property,so as long as he had the correct paperwork he would not be trespassing.

 

The property is not mine surely he did have no right to refuse to leave

[abix66]

[QUthe property is not owned by me OTE=welsh1;4254395]The simple answer is he was not trespassing if he had a warrant against you.

 

If he committed an illegal act while on your property like forcing his way into your house, then he would be acting illegally and could be removed from the property.

 

You should remember trespass is a civil offence and the police are not lightly to be interested unless there is a breach of the peace.

Also you can only use "reasonable and proportionate force"so if you take an axe and threaten the bailiff who is unarmed it is likely you will be the one arrested.

[welsh1]

The property is not mine surely he did have no right to refuse to leave

 

As i said if he had a warrant with your name on and you live at that property or have goods at that property,then he is there legally to seize your goods,he has strict rules to follow,and cannot force entry into your house(some court orders permit this)but he can legally walk onto the property,and does not have to leave when asked to.

[dx100uk]

tell us what the debt is all about abix

 

and don't fall foul of reading these FoTL sites, you'll come unstuck.

 

dx

[tomtubby]

I had a visit by a bailiff, of which i asked him to leave. which he refused.

 

i told him that he was trespassing and that the property is not mine but my wife was the owner

and she did not wish to have him at the property.

 

he then called the police, which did not say or do anything.

 

in hind sight i should have left him there and my wife and i carry on with going out for the evening

and locked the security gates to the property.

 

was he trespassing?

 

 

Can you explain a bit more about the background to the debt.

 

Such as, was this visit in relation to council tax....parking ticket...court fine etc?

 

Had the bailiff previously visited the property?

[Peterbard]

I believe what the OP is asking is, did his warrant/order(presumably in the OP's name) give the bailiff any right to enter his wife's premises(using peaceful entry or otherwise).

[lookinforinfo]

It hasn't been established why the bailiff was at the house and who he was acting on behalf of..

If the L/O or warrant was in the OP's name and that address, then the bailiff was not trespassing.

 

If the address was a different one, then he was trespassing. One would have hoped that the Police would have ascertained that when they arrived. At least they didn't help the bailiff to

gain entry.

[lamma]

Far too many presumptions, and a yawning chasm of absence of facts. There are many ways a Bailiff can 'become' a trespasser.

[brassnecked]

Far too many presumptions, and a yawning chasm of absence of facts. There are many ways a Bailiff can 'become' a trespasser.

 

Especially if he has right house number, wrong street as happens regularly around where I live, people have found bailiffs in the garden when they are in the wrong street, often they will try to caim they are at the right number so pay up etc and have had to be removed by police sometimes, as they tried to make the bemused occupier pay. Sat nav does not recognise half the streets here either, so TomTom is of no use to them