does a baillif have any right to get a locksmith to open up your house so that the baillif can take goods?

Question

i got a letter this morning stating that the baillif was going to get a locksmith to take goods away to cover the cash owed for a fine and i dont think that what the baillif is threatening is quite legal where do i find out what the bailif is entitled to do and not entitled to do

Answer 1

A bailiff is a sworn police officer. It sound like he has a warrant for a search and seizure from the judge. So yes a police officer can conduct a search warrant.

Answer 2

A bailif (with a court order) can enter your property with or without you being there, and they can smash your door down to effect such an entry, and you will get a massive bill for a door boarding up because the bailif wont pay for it.

By saying that they intent to use a locksmith is a less embarrasing option than having your front door kicked in, but again you will be liable for locksmith fees, ontop of outstanding debt, and they're about £100 per hour.

Basically if the debt recover frim has a court order for possesion recovery you cant do a thing unless you resolve the debt. If you obstruct or assault a court empowered bailif they will call the police and you will be arrested for obstruction of a court official.

Answer 3

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.

All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down.

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.

Unless they have a warrant to force entry, they're just trying it on.

As we cannot see the terminology of the letter, I'd go to the CAB.

Answer 4

Baillifs issued with a court docket order can enter a factors provided that the owner / tenant or individual they're after is present in the construction, although they do no longer ought to have a police officer present to exucute the warrant. nonetheless, the court docket warrant supplies them authority to pass into the construction yet returned they are able to in straightforward terms do this in case you enable them to in, failure to this might enable them police presence who will stress get entry to. it relatively is extra appropriate so which you may permit them in via fact which you may then end products being bumped off in the event that they do no longer belong to you!! additionally, the Baillifs are additionally able to do a great form of issues to help you out. It does pay to be respectful to them as long as they're showing you appreciate, after all, on the top of the day they're in straightforward terms doing a job. Having suggested all that, the main answer isn't any NO NO NO way are they allowed to stress an get entry to. they must call for police to attend as a effect. THAT applies to any Baillifs the CSA have not have been given any extra effective powers of get entry to and seek than the different communities.

Answer 5

NO.. a bailiff has no right to force entry into your home....you have to invite them in.
remember.
You can NOT be imprisoned for not co-operating with the bailiff.
You do not have to let them in.
The bailiff must not be threatening as this would be illegal on their side...so is forced entry and verbal abuse.
In fact the bailiff can NOT even get the police to help them gain access.
Just don't let them in.
And phone your debtors and sort out some payments.

Answer 6

If you don't co-operate, the bailiff can come round with the police and a locksmith, open up your house and take away enough goods to pay the fine and the costs of the bailiff, police and locksmith. If you still don't co-operate, the police will arrest you and you will be charged with contempt of court.

Answer 7

Firstly - dont listen to most of the idiots on here.

If the bailiff is recovering a civil debt, they have no right of entry to your house - dont let them in.

They can gain entry if there is a door left unlocked or a window open they can climb through.

They can not force entry - this is against the law - they can not force their way past you when you open the door - this is against the law.

If however, you have let the bailiff into your property before, they can then return and legally force entry.

Answer 8

Sounds like you need to be a bit sneaky. Get yourself a storage room and move everything of real value into it. Then let the idiot in to do a bit of house cleaning for you. Since the only thing left is of no real value, whats he going to take? You can add a $20 garage sale TV and a similar stereo. This will make him less suspicious.

Answer 9

A Bailliff must come to your house and 'price' goods that may be taken to cover the debt.

After 7 days the Bailliff may return and force entry into the property to remove the items he has priced.

Talk to them, most Bailliff companies are understanding and will come to an arrangement about payment BUT you need to talk to them.

Answer 10

thats breaking and entering i think
plus the bailiff has to serve the tenant/owner
of the property a letter preferably by hand and in person informing them of the bailiffs intentions and reasons for reclaiming propery~or somewhere along those lines anyway [in uk]