View Full Version : balifs are coming
some months ago i recived a speeding fine to my address with somone elses name, so i phoned the courts to tell them, they said we need it in writting, so this i do.
this morning i get a letter (my adress wrong name)from the balifs demanding £170 in 24 hours or they are coming to take some stuff.
so i phone them & he says they will still be coming, to check who live here. my mother (who i live with) is now worried that they will barge in & just take what they want.
if they come are they allowed to enter my house if NOT invited?
Spiderman
13-10-06, 09:02 AM
Absolutely not!!! Be very wary of these leaglised theives mate.
If you invite them in you are causing problems for yourself. Refuse to open the door to them. Dont hide away from them as tho youre the erson they are after but be firm that you are not opening the door as they have incorrect info they are working on.
Keep insisting that they need to go back as the information they have been given is incorrect. They will threaten you with more and more costs and charges but seeing as none of this applies to you dont woory waht they say. Just dont open the door and let them in to your premises.
the_runt69
13-10-06, 09:03 AM
No they are not allowed to enter your house unless they have a court order. They might try to get heavy but explain to them politely that whoever used your address does not live there and if they still insist call the police and tell them someone is trying to break into your home without permission.
H
SpankyHam
13-10-06, 09:06 AM
if they come are they allowed to enter my house if NOT invited?
No same as Vampiers, they can't go into your house if not invited.
But get yourself a gun just in case.
so i should keep the door LOCKED :thumbsup:
trouble is, as i said i live with my mother, but i am not in alot & she is a bit nieve & i think they could easy trick there way in.
i will try to be in. but this is not possable due to work. i will tell her what to do
thanx
i live in a small village & nobody locks there door, can/will they just walk in?
Alpinestarhero
13-10-06, 09:18 AM
Good luck, it sounds like a horrible situation. Just as long as you and your mum stand your ground it'll be ok. Maybe the police should be informed just incase it does get heavy?
I dunno..
Matt
Spiderman
13-10-06, 09:19 AM
so i should keep the door LOCKED :thumbsup:
trouble is, as i said i live with my mother, but i am not in alot & she is a bit nieve & i think they could easy trick there way in.
i will try to be in. but this is not possable due to work. i will tell her what to do
thanx
i live in a small village & nobody locks there door, can/will they just walk in?
Some have been known to pick locks and claim to have found the door open on arrival. Remember they are court appointed and licensed so they feel that they are untouchable. The cops 9 out of 10 times will take their side.
Advise your mum to keep the door locked for the time being and only talk to them thru the door. under no circumstances should she open it as they are very likely to try and talk there way in and then proceed to scare the heck out of her.
Just did a search cos i rememberd reading this on here no too long ago. http://forums.sv650.org/viewtopic.php?t=45345&highlight=bbc.
Maybe read it to your mum so she understands what kind of creep could show up at her door.
Kilted Ginger
13-10-06, 09:19 AM
There was a documentary on about this recently.
From what i can remember its something like this.
Answer your door as normal, Do not let them in (same as any other stranger) if he puts his foot in the door (common tactic) politely ask him to remove it, if he wont easiest way to move it is for you to walk out of house moving him forcefully but gently out of the waywhilst mum / wife / gf closes door behind you. Do nut try to push door shut with his foot in it as it just wont happen (physics)
ask to see all paperwork, details of fine, company identy, their id card (record ths number) Warrant (which they will not have. and espcially their licence which if they are licenced they are required to carry. Take a photo of him with digi camera /phone (this will really disconcert him.
Record any details which seem pertenent to you including time and date.
Send them on their merry way.
They have NO RIGHT TO ENTER YOUR PREMISES. they are court appointed collections agency, not Officers OF THE COURT (big difference)
The only people that can force entry to your house is the police and only then with a suitable warrant.
If they try to force entry or clamp your car (another tactic) you are entitled to defend yourself and your property as you would with any other intruder, (get mum / missus/ girlfriend to call police if this occurs. Someoe trying to break into house threatening you and her.
Remember they CANNOT ENTER YOUR PREMISES unless you invite them in.
Hope this helps and it all clears itself up.
DanDare
13-10-06, 09:21 AM
There was a documentary on recently about Bailiffs.
From what I remember, their only interested in settling the debt, which is where they make their money. They often get frustrated if in your case the debtor no longer lives there, so often resort in pushy tactics.
You have nothing to fear in terms of them taking your stuff as its not you or your mothers debt.
And as others have said under no circumstances let them in. I would advise your mother to ignore the door bell for the next 48 hrs if possible.
I had a similar experience with an old tenant who owed money.
Key is to work with the finance company not to argue with them, they know the score.
HTH
That stinks.
I hate the way these 'officials' **** up the basic details (wrong name), are incapable of processing your clarification, and then continue to be sanctimonious and self-righteous by sending in the bailiffs.
Arm your mum with a baseball bat.
thanx
she has lived here for 22 years, so the guy cought speeding just gave a dodgy adress :cry:
The only other people that can enter your premisis without a warrant is Customes and Exercise...well i think that right...all they need is suspision.
Just got off the phone to a friend that runs a security company...
Just to clarify the above a little. Balifs *are* allowed to perform a "break and enter" routine on three conditions (all must be satisfied):
1) They must have a court order to enter the property.
2) They must not cause any criminal damage.
3) They must leave a notice describing what has happened, including a contact number, and leave the property secure.
Many balifs, in the case of a forced entry into a property, think that having the police on site is a good thing. It's an official witness for them if you're not home, and if you turn out to be Big Bubba's long lost brother armed with a sawn-off shot gun, well, the police are there for the ugly stuff.
Yes, they may well try the scary stuff, it's a good way of getting the money out of you. At the end of the day, if they have proof that you're not the debtor (and that the debtor doesn't live there), they have no course of action other than to apologise & leave.
VERY VERY good idea about moving them away from the door so you can get it closed. This can be done with just one person in the house, but expect some resistance. A couple of guys I know that work as balifs part time wouldn't even think twice about putting you on the floor (or worse, your mum on the floor) for pushing them backwards, under the excuse that they were only defending themselves, and they couldn't gurantee you didn't have a weapon in your hand when you went to push them. Caution is advised, and if possible, don't even try to touch them, that's only asking for trouble. Generally, if someone is blocking the door from closing, and you ask them to mind out of the way so you can come outside to discuss it, whilst you're moving, they don't really have time to think about it, and it's not the situation they were expecting, so they just move.
DON'T ignore the door, they'll only come back a few hours later with a warrant and police & scare your mum beyond the grave by climbing through the window.
End of the day, this isn't your debt, it's not your responsability. Just as a murder trial can't continue whilst the defendants identity is in question, a debt cannot be collected against someone at a property they don't inhabit.
HTH
The only other people that can enter your premisis without a warrant is Customes and Exercise...well i think that right...all they need is suspision.
You are right about C & E Officers having Statutory Rights of Entry under certain circumstances, but there are others, too - me for example :D
This mostly relates to trade/commercial premises where I have reason to believe that an offence has been or will be committed for the purposes of gathering evidence. It is a criminal offence to obstruct me once you have been formally cautioned.
However, for most (but not quite all) situations involving domestic premises I need a Warrant from a Magistrate's Court. The same is true for most private companies acting as bailifs for the Court, unless they are Officers of the Court.
Certain Trading Standards Officers are the only civilians with a power of arrest above and beyond those of other members of the public.
Bottom line hovi5, you and yout mother do not have to let them in unless they have a Warrant. Politely tell them to **** off and do their homework properly - stuff like checking the Electoral Register, Council Tax, etc. Either of these will tell them that the person does not live at your address. :thumbsup:
PsychoCannon
13-10-06, 02:52 PM
Politely tell them to f*ck off and do their homework properly - stuff like checking the Electoral Register, Council Tax, etc. Either of these will tell them that the person does not live at your address. :thumbsup:
You'd think they would do that in the first place long before it got to sending the "boys" round. :roll:
I had this happen to me. I showed them some ID to prove who I was and they went away and never bothered me again.
i guess it depends a lot on what type of person the balif is. i just hope they will accept the fact we have never heard of the guy they are looking for, i expect a lot of peeps give false details :cry:
JediGoat
13-10-06, 04:49 PM
I've had three different baliff companies contact me regarding unpaid bills. First two were down to the previous occcupants of my flat, and the last one was for the upstairs flat.
On each occassion I called them to explain. Twice they accepted that over the phone. The other time the guy turned up, I showed him a utility bill in my name, and he said that was enough and left.
I wouldn't be too concerned If I were you, but then I guess that's easy for me to say that now. First time it happened I was terrified they were going to barge in and grab the telly.
As an aside, I don't normally return calls when someone leaves an answerphone message but doesn't say what company they are from. Baliff companies generally do not tell you who they are. They will just leave a message saying something like 'call this number regarding a urgent matter'.
Jo
Jeez hovi5 :shock:
The documentary that has been mentioned was really interesting, but at the same time it was really scary how these scumbags think they are above the law. The one company featured is about 5 miles up the road from here.
For the record I think ALL bailiffs are real pond life - anyone who can rip a TV away from young kids watching Tellytubies deserves to spend thier eternity burning in hell.
The BBC article link for the report from that documentary:
http://news.bbc.co.uk/1/hi/magazine/5377488.stm
I hope these b**tards get whats coming to them - squashed flat by a giant frozen turd from a passing 747 :evil:
valleyboy
13-10-06, 09:48 PM
The only other people that can enter your premisis without a warrant is Customes and Exercise...well i think that right...all they need is suspision.
You are right about C & E Officers having Statutory Rights of Entry under certain circumstances, but there are others, too - me for example :D
This mostly relates to trade/commercial premises where I have reason to believe that an offence has been or will be committed for the purposes of gathering evidence. It is a criminal offence to obstruct me once you have been formally cautioned.
You just use this to gain entry to Burger King after hours dont you ? :lol:
Quiff Wichard
13-10-06, 10:21 PM
they can only get in initially if ou let them in.. which would be a grave error..
once you have let them in.. they cvan make a "walking possession order" and therafter if you surpass the date of payment they can then use reasonable force to gain entry to take the possessions to sell at auction to raise funds for the debt.
simple rule.. dont let them in..
Jeez hovi5 :shock:
For the record I think ALL bailiffs are real pond life - anyone who can rip a TV away from young kids watching Tellytubies deserves to spend thier eternity burning in hell.
I would blame the parents there for putting the kids in that situation. I hope I get something back from the bloke that ripped me off - if the option was to send the bailiff around it wouldve been done :evil: County Court route took forever.
Hey Hovi5
One other thing. Make sure that all windows on the property are closed. If a window is open and you refuse access to the property they can and will attempt access through windows. (this is common practice and is deemed acceptable by baliffs).
Otherwise remain calm but ascertive maitaining appropriate social space (seen as being at arms length) and you'll be fine. If possible video any interaction with the baliffs (which you are legally entitle to do).
Keep these simple guidelines and you'll be fine. Had exactly the same experience about 5 years ago, my sympathy man, its sh*t. :evil:
Red ones
14-10-06, 07:12 AM
Baliffs can only legally gain access if the name and adderess on their paperwork matches the name and address of a resident. If they arrive and say "Are you Mr X of 38 Y Avenue?" and you are not, then they have to leave. They cannot say "Well we are here to take your property"
I had them round loads in my last house when they were chasing the previous occupant. They were always quite nice about it. I used to say, "I'm not Joanne X" they used to do a "Do you know where she lives?"
Fizzy Fish
14-10-06, 10:16 AM
On each occassion I called them to explain. Twice they accepted that over the phone. The other time the guy turned up, I showed him a utility bill in my name, and he said that was enough and left.
I wouldn't be too concerned If I were you, but then I guess that's easy for me to say that now. First time it happened I was terrified they were going to barge in and grab the telly.
i had A LOT of problems at a previous address where the tenant before had defaulted on just about every type of loan, credit card, utility bill, etc you can imagine! My experience though has always been along the line of Jo's - so while good to be prepared in case they are the nasty type, fingers crossed that in this case they turn out to be more reasonable
Understand this: bailiffs are bullies. They work on the premise of intimidation, and earn their money from success. If they realize that you know the law, and will put up a fight, they'll more than likely send the case back and move on to easier pickings.
Even with a court order (trust me on this) they have NO right of entry. This applies to everything (including unpaid Council Tax), with the exception of Revenue and Customs.
Under no circumstances (as has been written above) let them in, no matter how persuasive they are, even if they just want to "talk" (and even if they have a policeman with them — he's only there as a bystander to ensure there is no Breach of the Peace, and has abslutely no jurisdiction in the matter whatsoever). The minute that they have gained access, they own you. Truly, it's that simple. Even if you don't sign a Walking Possession order, they can then break into your home at any time of the day or night, quite legally.
If you have money problems, go to your local CAB or (even better) call the CCCS ( http://www.cccs.co.uk/ ) who are a charity and will offer you very good advice and prepare financial statements for you, without charge.
So don't be intimidated, don't even worry. If you don't let the blood-sucking b*stards in, you're fine.
Oh, and they can only call between 6.30am and 9.30pm Mon to Sat, so you can sleep tight, and fully relax on Sundays.
If you need more help and advice, then PM me.
.
timwilky
14-10-06, 11:35 AM
Why do so many people on this forum know about fending off baliffs?.
Why do so many people on this forum know about fending off baliffs?.
I'm prepared to bet that the percentage of peeps "in the know" on this forum, is no greater than any other.
.
timwilky
14-10-06, 12:27 PM
Why do so many people on this forum know about fending off baliffs?.
I'm prepared to bet that the percentage of peeps "in the know" on this forum, is no greater than any other.
.
Sorry if anyone read anything into my post beyond the actual question. Not ever having had, or know of anyone who has had dealing with these baliffs. I was suprised at the number of people who were able to offer useful advice to hovi5.
The org proves itself yet again as a useful source of real world information.
thanx
she has lived here for 22 years, so the guy cought speeding just gave a dodgy adress :cry:
Rather than worrying about these people entering your premises and the threat of them taking your belongings, wouldn't it be easier to have your driving licence to hand and a couple of other forms of ID and show them to them at the door. Exit the house and close the door behind you remembering to take your keys, then tell them politely they have the wrong person so please don't call again as this is causing you and your mother considerable stress! They should be able to check your things and walk away.
You have a clear concience so try not to worry!!
Hope you get it sorted anyway - Let us know what happens
Quiff Wichard
14-10-06, 02:10 PM
I contemplated becoming a bailif when i left the pub game as a regular was owner of a company-
I spent a day with one of his better men as a tester and soon realised it wasnt for me as I have morals..
dam some of the houses we went into-!! crikey--- ... i wanted to give them a tenner !! ..
so it wasnt for me.
but jonboys advice is sound.
I've had similar postcards from bailifs looking for the lad who rented this place before me. I've always phoned their office straightaway and told them he has moved on, thats been the end of it.
I'd call the court, ask them if they got your letter, tell them that things have gone awry. Ask them to call off the bailifs. Then call the bailifs again, if they still won't believe you then tell them that your Mum is scared stiff by all this nonsense and has been given strict instructions not to open the door, so they'd be wasting their time. Recommend that it'd be easier for them to check the phone book and electoral role.
Basically, you want to be arguing with these folks over the phone, not in front of your house.
northwind
14-10-06, 06:48 PM
Slightly different story from me... I was in one of those mail order book clubs, and they allegedly sent me some books, though I'd not made an order- editor's choice sort of thing, you had to tell them not to send it, but I was in hospital at the time. Never got the books they said they'd sent, but they were good at sending the bill.
So I completed their non-receipt form, sent it back. A month later I get a bill with charges on. So I phone them up, go mad, send another non-delivery form recorded delivery. This time they action it, but refuse to refund the £10 charge. So I sent them a "polite but firm" letter telling them that they weren't getting the money off me, and that I considered our contract finished with immediate effect. Never heard from them again...
...but I did hear from a collection agency. "We have bought your debt to BCA Bookclubs of £10+£30 administration fees. We have added our own administration costs of £30 to this. If you do not forward £70 within 10 working days we will forward this account to our direct collection agents"
But, here's the twist. I phoned up, told them what had happened, and they were as nice as pie "Sorry about that, we get a few inappropriate cases from that company, we'll write it off and reclaim it from them." "Can I have that in writing" "Of course, no problem." 2 days later, I get the written confirmation. Fair to say I was absolutely stunned, I thought we were off to court...
Red ones
15-10-06, 06:33 AM
Book clubs!!
Love htem. We had a membership of one a few houses back. We rang them and said we were moving and gave the new address. We redireted our mail with the Royal Mail. Teh book cllub sent a box of books by courier to the old address. The book club billed us at teh new address. Because the books went by courier they were not redirected by the Royal Mail. The book club got heavy.
We have since moved again, but I suspect the deliveries are still happening!
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