When bailiffs enter a home that is occupied by several people how do they know the owner of the property?

Question

How do they know they are taking the propery of the person the order is made out to. What do you do if they have taken your property by mistake

Answer 1

If they know the property is in multiple occupancy, they have to make 'reasonable efforts' to ascertain that what they are taking actually belongs to the person they are authorised to take action against.

If they enter the premises and remove goods which do not belong to the person whose goods they are supposed to distrain, and without making reasonable efforts to ascertain ownership, they are guilty of theft, just as if you went into someone else's house and helped yourself. The first port of call is the bailiff or his company - if you prove the goods do not belong to the person liable for the debt, they must return them.

The police are notoriously poor at getting involved, although you can try making a complaint of theft. The alternative is to complain to the court at which the bailiff is registered that they have illegally distrained your goods. They post a bond with the court in order to gain authorisation, and risk forfeiting this for illegal distraint. Call the bailiff or their company to find out which court to complain to.

It is worth remembering that there are very few occasions on which a bailiff can gain forcible entry: in most instances, if you refuse to open the door to them, they can do nothing unless they can enter via an already open window or door. Being able to 'get their foot in the door' is sufficient to claim entry, and they can then re-visit on a later occasion and use force to gain entry if they have been in once.

Remember as well that many debt collection companies send what they call 'bailiffs assistants' to seize goods. This is illegal - anyone seizing goods must be a court authorised bailiff: ignore any bluster they might give you if they can't show an official ID, and call the police. It is theft, and the law does not recognise 'bailiffs assistants'.

A couple of other points which have sprung to mind:
They can not seize items used in the course of someone's work. If they seize your car, for example, andyou are a travelling salesman, it must be returned. They will ask whether you use the car for private purposes at all - I would not recommend answering yes, although technically they can not seize it, the private use blurs the line sufficiently
For myself, I am a photo-journalist, so my computer, my TV, my cameras, my laptop, my car, my motorbike and anything associated with them are 'tools of my trade' and therefore protected.

Answer 2

Sensible people don't let them in but if you have already and they've taken stuff from the wrong person, what you do is telephone the bailiffs office and inform them. They will usually ask for a proof of ownership - like a receipt or something. If you provide that they have to give the stuff back - if you haven't got a receipt try telling them the thing/things were presents and provide a letter from the giver to that effect. If they still wont return it go to citizens advice and they will help xx

Answer 3

Baliffs don't enter homes (they work in courts for judges). Deputies (or police officers) enter homes, and when they do they have search and seize warrants.

Answer 4

NOt sure what you are talking about. Seizing real estate? They know from the title/deed.

Answer 5

They say - 'John Brown' and you say 'Yes' Dhooooooooooooo
But if you quick enough they don't know, just make sure your friends back you up!!

Answer 6

dunno i hit them with golf clubs when they come to my house so they dont know nothing reall slik like hu