I FOUND A BAILIFF IN MY KITCHEN???

[tlfzzz]

I heard a noise downstairs. I had just got out of the shower. Threw on leggings ran downstairs getting dressed, just managing to put my top on. I walked into the kitchen a man all in black with a protective vest on.

 

He had gold numbers on his shoulder’s socks tucked into his boots. I said "what are you doing in my house? Who are you?" He would not tell me. I said "Get out" he refused. Again, I told him to leave. I asked him who he wanted and what address. He told me the address and I said, "THAT IS NEXT DOOR" He called me a liar and said he would not leave he was 2 inches from my face at this point I was petrified. At this point my son came to visit me and opened the door. He asked this thug who he was. He refused to show any identification,

 

I told my son it was for next door. He asked what name and the thug said a name of a person who lived next door but left approximately 8 years ago. My son took a photograph of the plaque next door and showed him. outside this thug stepped into my sons face and said got a problem? Do you want one.?

 

I told my son to call the police and after taking a photograph of the property he walked back to his white van. I spoke with the police who asked me to give the phone to the thug. as I walked towards his van he sped of very fast and I had to dive out of the way, or he would have ran me over. I am not exaggerating I actually have the whole event on CCTV.

 

The police rang me back and said they would not attend as the thug was a bailiff. Is said not for me he wasn’t he was an intruder. I was really mad at the police and said it was a disgrace and that I was not happy.

An hour later 2 police officers came and said it was a bailiff and there was nothing they could do. I said to the police get out of my house now. They immediately started to leave. I said why are you leaving?? they said because you told us to. Hold on, so I can tell police officers to leave and you have to go but a bailiff that came into my home when he was in the wrong property and would not leave then tries to run me down, does not have to leave? So, he has more power than you???

 

I wrote 3 letters of complaint to the Bailiff company they ignored them. I called and they put the phone down.

Does this mean anyone can come into my home and the police will not protect me? I am so scared now. I do not like being home alone and lock the door even if I go outside for a minute, then I am scared because I cannot open the door quick enough. I really do not want to live in a world that is not safe. Should the police have helped me. Are people allowed in my house by their mistake with no consequence?

 

If anyone has any thoughts I would be grateful to read them.

 

TLF

[unclebulgaria67]

Which bailiff company was involved ?

 

 

[dx100uk]

let us guess....i bet we all know...

[tlfzzz]

Hi

the police told me it was a company called Marsdens

 

Tlf

 

The bailiff in my kitchen was dressed just like a police officer numbers on his shoulders and all. I belived he was.

 

TLF

[Peterbard]

Hi

I hope you dont mind me asking for some details, it is not because anyone doubts what you say, its just so we have a clear picture.

 

You found the bailiff in your kitchen. Can I ask how he gained entry?

 

Also, can you say what time this was. They are only supposed to call between certain times of day.

[dx100uk]

Ho ho knew it would be marstons

 

Dx

[tlfzzz]

sorry I could not get from the other person and back to you. I went back to my emails and found you.

We live far away from everyone and my daughter lives in the attached cottage next door. The person the bailiff was looking for, used to live there 8 years ago. His name was Richard --------------------- 

I never used to lock the door.

He must have just walked in. The cottage has a sign saying " cottage". In order for him to get to my back door he had to go through a gate .

It was approx 5pm.

 

Jilly

[unclebulgaria67]

Always have your door locked, to avoid anyone getting in without your permission.

 

Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.

 

As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left. 

 

The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.

 

https://www.civea.co.uk/complaints

[Peterbard]

Just as UB says, he bailiff does not need to be invited in, but he certainly should have announced himself.

i dont suppose he said what the enforcement was for?

 

The bailiff has to have a "reasonable belief" that the debtor resides at your address, if he is permitted to enter.

 

In the first post you say the Warrant was addressed to next door, is this your daughters property and did this Richard live at that address or your address.?

 

We should find out what the bailiff may say to try and justify his actions.

 

 

[Bailiff Advice]

7 hours ago, unclebulgaria67 said:

Enforcement Officers (Bailiffs) are allowed to make peaceful entry into a private address, but they should announce who they are (name, job role and company) and the reason for their attendance at your address.

 

As soon as they were told that the person they were seeking was not living at the address, they should have asked politely for more information.  Once they were aware they were at the wrong address they should have apologised and left. 

 

The conduct you describe would be professional misconduct and would not involve the Police.  The Enforcement Officer had a legal right to be seeking the debtor, so nothing criminal.  As Marston have appeared to reject your complaint you could contact CIVEA.

 

https://www.civea.co.uk/complaints

Whilst you are right UB that an enforcement agent can gain 'peaceful entry' into a property, this is not exactly what is expected during the COVID 19 pandemic. Since, March (when we had the 1st 'lockdown')  this is the first case that I have come across where a bailiff  has entered a property.  This is very odd indeed and appears  not to be in line with the recent Guidance for enforcement agents during COVID 19.

 

If it is the case that complaints to the enforcement company have been rejected, then the enforcement company should have given the OP the option of EITHER asking that the complaint be considered by Marston's Independent Advisory Group OR CIVEA. 

Edited January 23, 2021 by Bailiff Advice

[Bailiff Advice]

Would you mind letting us know when this particular incident happened. 

 

You mention that you have written 3 letters of complaint and that the enforcement company have IGNORED them. Can you provide more details on this. For example, did you receive responses to each letter? 

[tlfzzz]

Marsdens did not even acknowledge any of the letters.

I think they ignored them so people get bored.

 

I am just thankful that it was not me who owed the money.

I do not know what I would have done.

 

Do they usually collect debts from at least 8 years ago?

I am just getting the date from my son he has the cctv record.

 

I really wanted to know if they were allowed to go into an address that had nothing to do with the debt.

Mostly because I am afraid anyone can just walk into my home.

 

My daughter moved into the property 6 years ago .

The man Richard whos name was on the paperwork moved out of that property approx 8 ytars ago.

He never lived at my address.

 

The date the bailiff came into my house was 12th Oct 2020 at 13:11pm