Jump to content


style="text-align:center;"> Please note that this topic has not had any new posts for the last 235 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

This is a very general question and I would like to keep it general.

 

If a bailiff pursuing debt gains peaceful entry to an outbuilding of a house, does it grant him right to force entry into the main building.

 

In my case, the outbuilding is a detached garage with an adjoining annexe, both of which are detached from my house.

The debtor is occupying this annexe and not the main house and has no property in my main house.

I don't mind giving access to this outbuilding but I don't want the bailiff to gain access to my house.

 

The annexe is not a separate address.

Edited by dx100uk
spacing

Share this post


Link to post
Share on other sites

no he cant


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

whats the debt, I know you want to keep this general but..


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

To get access to the main building, he has to get in through the door. Be it unlocked or invited. He could get access to an outbuilding if unlocked but thats all he would have access too.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites

I read that once a bailiff is "in your house they have the right of access to all rooms, and can use force to gain access into other parts of the property." See https://www.payplan.com/advice/collection-of-debts/dealing-with-bailiffs/

 

The question is:- Would this apply to a multi-building house?

 

It's a debt to a landlord and not a fine.

It's not a criminal fine, so it's a County Court bailiff and not an HCEO.

 

To get access to the main building, he has to get in through the door. Be it unlocked or invited. He could get access to an outbuilding if unlocked but thats all he would have access too.

 

You are implying that having gained access to an outbuilding he wouldn't then have forced entry right to the main building.

 

Can you please reference an official document for this.

Edited by dx100uk
merge

Share this post


Link to post
Share on other sites

Let the debtor deal with it then.

County court bailiff is not there nor can force entry anywhere

Its not a business debt

 

To all intent and purpose you and the debtor can simply ignore him.

 

it always worries me when a poster says:

 

This is a very general question and I would like to keep it general.

Edited by dx100uk
merge

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

I don't understand "County court bailiff is not there". Was this a typo?

 

Yes I know that I can simply ignore a bailiff and he can't force entry.

 

However, it might get him off my back if I cooperated and let him into the outbuilding but I would not want to do this if I granted him access to my house too.

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites

should have been a too in their...

the issue is not your problem, you should not get involved.


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

You are not the debtor, the bailiff has no business with you, and if he did tell you anything about the debt he should be reported for breach of DPA. You don't have to let him into anywhere, and as the annexe is away from main building and you are not the debtor he has no business with the occupants of the Main House.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Thanks for that.

When the bailiff turns up what do I tell him?

He has been informed that the debtor has moved in with me so he will expect him to be in the house, not being aware of the layout of my plot or where the debtor is in the plot.

 

Shall I just refuse to answer any questions?

I feel it would be safer for me to tell him that the debtor resides in the annexe and to make a statutory declaration that the debtor has no possessions in the house.

Would this at least safeguard me should he later discover an unlocked door to either to the house or the annexe?

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites

it is nothing to do with you.!!!

 

why do you think a bailiff will come??

HOW do you know?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

You could tell him he lives in the annexe and has no property in the main house, you don't let him in to either, do you know anything about the debt, as in civil or mag court? If civil no right of forced entry to anything only through unlocked door, so mention to debtor to keep all annexe doors locked, and you do same to main house. Otherwise do not engage with bailiff if you can help it.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

Is the debt civil or criminal?

 

If civil it could just be a debt collector who can be told to do one. If a CCJ has been awarded then it depends on what type of debt and/or whether it is subject to CCA or not. If yes then it may just be the County Court Bailiff otherwise and if for more than £600 it could be transferred to the High Court purely for enforcement alone ans a visit from a High Court Enforcement Officer/Agent is a possibility.

 

There is no simple answer as it depends on the debt involved and at what stage in proceedings you are at.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites
You could tell him he lives in the annexe and has no property in the main house, you don't let him in to either, do you know anything about the debt, as in civil or mag court? If civil no right of forced entry to anything only through unlocked door, so mention to debtor to keep all annexe doors locked, and you do same to main house. Otherwise do not engage with bailiff if you can help it.

 

It's a civil debt. Yes, I will tell debtor to keep the annexe locked and I will do the same. However, slip ups are easy to make especially with children around.

 

So is that your advice, "tell him he lives in the annexe and has no property in the main house" or just tell him nothing?

Share this post


Link to post
Share on other sites
it is nothing to do with you.!!!

 

why do you think a bailiff will come??

HOW do you know?

 

I am trying to plan for all possibilities. I have seen the CCJ and expect the next step to be an enforcement warrant.

Share this post


Link to post
Share on other sites

You do not have to tell him anything. You are being truthful in that you are not the debtor. Just make sure all doors are locked and even if emptying the bin lock the door behind you.

 

Initially a Bailiff must send a Notice of Enforcement which gives 7 clear days to respond before a visit even takes place.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

So in all truth there is no bailiff nor enforcement schedule d.

 

Not all ccj's result in bailiffs


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

There are other and better methods of enforcement which in my view should tried first - Bailiff should be a last resort.


Please consider making a small donation to help keep this site running

 

[sIGPIC][/sIGPIC]

 

Share this post


Link to post
Share on other sites

Thank you all for your responses. I am better prepared now and feel you have discussed thoroughly enough to put it to rest now. I will update this thread if and when there are significant developments.:-)

Share this post


Link to post
Share on other sites
This is a very general question and I would like to keep it general.

 

If a bailiff pursuing debt gains peaceful entry to an outbuilding of a house, does it grant him right to force entry into the main building.

 

In my case, the outbuilding is a detached garage with an adjoining annexe, both of which are detached from my house.

The debtor is occupying this annexe and not the main house and has no property in my main house.

I don't mind giving access to this outbuilding but I don't want the bailiff to gain access to my house.

 

The annexe is not a separate address.

 

Hi .

 

Parts

14 and 24(2)Schedule 12 of the TCE 2007

 

The Bailiff attends the house under the power given to him by parts 14 of Schedule 12 of the act, this does not engender the ability to use force, no matter where the property.

So no , he can enter, only if access is made by conventional means. The presence of a locked door or debtor standing in the way will legally deny his access wherever it is.

 

 

Part 17 onwards show which debts can be enforced using force, thing like fines business property etc.

Bailiffs can apply to the court for permission to force entry however, but not force against a person. This is prohibited under the act.


DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

Share this post


Link to post
Share on other sites

Thank you.

It's nice to get a document reference at last.

However, it fails to address my actual question.

My understanding is that a bailiff that gains peaceful entry to one part of a premises can subsequently make forcible entry to other parts of the premises.

Am I correct?

 

In my case, my premises has two parts, my house which I occupy and an outbuilding which the debtor occupies.

I want to know whether a bailiff that gains peaceful entry to the outbuilding would subsequently have the right to forcible entry to my house (which has its own locks).

 

It seems to me on reading reading Schedule 12 of the TCE 2007 that this depends on the meaning of "premises".

Is the outbuilding considered a separate premises or is my whole property the premises?

Share this post


Link to post
Share on other sites

its a separate building. So he could only get entry there and levy on whats there. If it was attached to your main building then yes.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Share this post


Link to post
Share on other sites
its a separate building. So he could only get entry there and levy on whats there. If it was attached to your main building then yes.

 

Thanks. We are now getting close. You say if the outbuilding is attached then yes. Well this is where it gets murky because the outbuilding is kind of attached. It is separated from the house by a path to the rear garden but there is an archway between the house and the outbuilding over the gate to the rear garden. This archway just carries water pipes and electric cables. There is no access from one building to the next without having to go outside and cross over the path to the rear garden. The garage in the outbuilding would definitely be described as detached by estate agents. So, is it deemed to be a separate building? I think so but I'm not sure.

Share this post


Link to post
Share on other sites

already answered in post 2.NO!!

 

you don't even know if bailiffs WILL come .

very rare.

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...