If a baliff has been sent by the magistrates court to collect an outstanding fine...they can break in. Other baliffs from the courts can only be invited in...once however that has happended they can force entry anyway they see fit whether the occupier is home or not. All baliffs can remove unsecured goods from outside the home but which is on the property eg cars, cycles, etc. Baliffs can not take items not belonging to the debtor in or out of the property...but that does not stop them from taking them it just means the debtor has to prove that they were not heres which is time consuming if nothing else. A new law is presently taking a 2nd reading in parliament at the moment...baliffs will be given additional rights eg breaking an entrey no matter what...so watch that space!
2007-03-12 10:46:56
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answer #1
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answered by stormydays 5
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At the moment a bailiff can only enter your home if you allow them to OR if you are out they can gain access without forcing entry. They can confiscate property sufficient to cover the outstanding debt that is owed. If they identify a car outside your property that is owned by you they can confiscate that by towing away.
There is a move ahead where the law will be changed to allow them access by force.
2007-03-12 17:04:05
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answer #2
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answered by frank S 5
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A balliff has the power to recover the debt from the court. They can therefore lawfully seize any of your property including your car. They can not break into your home without a police presence, but if the police turn up they can force entry. Any property seized is auctioned of and the proceeds given to the debtor. You have no powers to stop them once the court has ruled against you.
2007-03-12 17:00:13
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answer #3
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answered by Anonymous
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If you get time try to watch "Beat the Bailiff" on in the Mornings this week at 9.15 am on BBC TV, it is quite an eye opener
2007-03-12 17:08:58
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answer #4
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answered by Sunny Day 6
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nobody can enter you`r home without you`r permission! bailiffs use scare tactics to bluff their way in when they have no right to. not even the police unless they have the right paper work. if they do try and enter you are in you`r rights to stop them as it is then unlawful entry, if they use a bit force you can use force back without fear of the police prosecuting you. they are`nt the law after all are they.
2007-03-12 17:04:03
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answer #5
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answered by EVH 5150 4
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at the moment theyre only allowed to carry out 'peaceful entry' this is a grey area as some of them interpret pushing past you if you open the door or climbing through the window as peaceful entry. Theyre not allowed to force entry without a court warrant and police presence.
Once inside they are not allowed to take food, clothing or bedding
hope this helps
2007-03-12 17:13:04
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answer #6
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answered by vdv_desantnik 6
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Check through this site !
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=03_harassment
Some eye opening info in there, and you`ll be amazed at what people don`t know or are aware of their rights concerning baliffs and suchlike !
2007-03-12 16:57:21
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answer #7
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answered by Anonymous
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THEY CANNOT PHYSICALLY BREAK DOWN YOUR DOOR UNLESS THE POLICE ARE PRESENT
2007-03-12 16:56:21
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answer #8
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answered by michael b 5
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