can a bailiff enter your property without invite?

Question

i am disabled and friday i went to my car and it was clamped about half a hour later it was release but i had not paid to get it released was this because the car registered disabled they have now said i must pay in full or they will enter my property a take things can they do this

Answer 1

I'm a bit confused as it seems rather early for the alleged non payment of the clamping fee and or associated costs to result in a bailiffs attempt to get money from you. First question, has a proper order of liability been made by a competent authority, put it another way when people dont pay a court will make a judgement saying how much the person who is asking for the money should be entitled to. Then if you don't pay the process of enforcement will commence which might, eventually result in bailiffs trying to execute a warrant against you. I rather suspect that it is the clamping people trying to frighten you into paying up and it might be worth going to the police or citizens advice bureau for help as its a criminal offence to threaten improper means against a debtor, even if money is actually owned. Clampers notoriously over step the mark.There's good news on the horizon as clampers will soon have to be properly trained and registered with the security industry in the same way that night club door man are. Once a bailiff has been admitted to your property by your invitation or open door or open window they will then select items for distress by labelling them and listing them, then collect them later. They can not take property on HP, tools of your trade, bedding or things belonging to other people

Answer 2

As far as I know if a bailiff calls at your door it should only be to advise you on your rights and to tell you how much you owe. A bailiff can only enter if invited or if he has a warrent and is accompanied by a policeman. Always check his credentials. Once you let him in then he can do whatever it is they do. Best not to let him in. They cannot take anything without giving you a reasonable time to pay back the debt. Once the bailiff has been employed by the creditor you will also be liable for his fees as well. However I am not an authority on the law. Speak to your citizens advice bureaux.

Answer 3

For any bailiff to enter your property they must have a warrant of execution issued by the courts. You need to find out if you were parked unlawfully or in a restricted zone.

If not then the clamping was unlawful and you owe nothing. Find out the name of the clamping company, then find out who employed them.

First of all you report them to the people who employed them, for making threats, then report them to the police. They have no right to threaten you or intimidate you in any way.

A certain Mr Miller and his associate received a prison sentence for similar behaviour in Portsmouth.

You must remember that clampers don't normally remove clamps until they have been paid. They obviously knew they were doing wrong, which is why they removed it without taking payment first.

The clamping firm are NOT bailiffs.

They might also be bogus.

If these people come back phone the police.

Hope this helps.

Answer 4

Is it a public right of way?

If so then there may be issues regarding who will enforce the erroneous application of the law. If the police do nothing, then there will be mass scale terrorism and law breaking which will occur. If the police do something then there will be bailiffs being put in jail.

If there is no court action, and you set dogs and attack the bailiff with a baseball bat who will enforce the bailiff's right to be on your property while being attacked with a baseball bat?

I personally cannot see how they can clamp your car if it is illegal. I wonder if burst tyres of police cars and traffic wardens cars might occur if the law started acting in ways which broke it's own laws?

Government which cannot rule, should get out of office before it is too late.

Answer 5

they need the advice of the Citizens advice bureau, the bailiffs don't have as many rights as most people believe, but they need to get help at any rate deal with it. If only to put their minds at rest, and tell them that if the bailiffs turn up not to let them in. And if pushed tell the bailiffs that they have contacted a solicitor. But CAB first stop

Answer 6

It sounds like you've been served with a writ of execution or levy of some sort. The exact name and nature of it varies from state to state.

If you owe someone money, the Court can in fact order the sheriff, constable, or bailiff of the court (depends where you are) to seize personal property and sell it to pay the debt. It's a drastic step, and they usually don't want to do it, but they want you to pay, and it's a strong incentive for most people to pay what is owed rather than see things sold out from under them.

Answer 7

No, they cannot enter your property without a warrent. Do not let them in at all unless they show you a court warrent, if you do they can look around your house and note down everything of value to themselves, At least thats how it works in the UK, check out more at your advice centre. I have no time for the heartless gets to be honest!! Good luck.

Answer 8

no they can not, they can issue a warrant for you to appear in court if you don't pay. Then they can enter and get you.

And I don't know what being registered disable has to do with anything, at least in our areas there is no special rights they are allowed for breaking the law

Answer 9

they can enter yr property without yr invite yeah i mean who in their right mind would invite em?! they need a warrant as such and if u refuse to let em in they can let themselfs in threw any open door window etc. if u have another word with em they should give u a reasonably chance to pay the fine fri-sun is not a reasonable time! also make sure they where legit clampers before u pay owt!

Answer 10

if you are registered disabled and were displaying your badge then they cannot touch you.f they have a warrant then they can enter with the police present.However you must tell them that you do not accept the warrant and make them force their way past you. then you can say you were assaulted by them and take out a counter charge.if you have the bottle to do this then you will win your case.