Bailiffs: keeping them away ?
09 December 2008, 07:38 PM
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Bailiffs: keeping them away ?
Got home tonight to find 2 bailiffs banging on my neighbors door ( bit over dramatic style) Asked them who let them through the front door and got no reply. Then asked them to leave as they where on private property and had no right of entry without a warrant from a court etc.
They get a little bit 'heavy" etc but they leave .
Neighbor returned just now and is in a state as her ex has left her and done a bunk to Tunisia .She married him this year and has found out he owed a lot of money to a CC company way before she knew him.
she is worried that they want her to pay? why should she have to accept any liability for his debt?
she has no money etc and no folks to help.
And is worried they will take her things?
I have just written her a full receipt to say that she has sold all her stuff to me for £20,00 And i will rent it all back to her for a £1 a month. This will ensure they cannot touch anything in the flat. She is also sending a copy to the credit card company etc
why do they think she must pay? she never entered into any legal contract with them etc. Is is right ? they must get the money from him as he owes it and was not even with her when he used the cards etc
cheers
They get a little bit 'heavy" etc but they leave .
Neighbor returned just now and is in a state as her ex has left her and done a bunk to Tunisia .She married him this year and has found out he owed a lot of money to a CC company way before she knew him.
she is worried that they want her to pay? why should she have to accept any liability for his debt?
she has no money etc and no folks to help.
And is worried they will take her things?
I have just written her a full receipt to say that she has sold all her stuff to me for £20,00 And i will rent it all back to her for a £1 a month. This will ensure they cannot touch anything in the flat. She is also sending a copy to the credit card company etc
why do they think she must pay? she never entered into any legal contract with them etc. Is is right ? they must get the money from him as he owes it and was not even with her when he used the cards etc
cheers
Last edited by Luke; 09 December 2008 at 07:41 PM.
09 December 2008, 07:47 PM
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Keep off my fecking land, under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken. I shall also be making a formal statement to the Police given your recent conduct.
Yours...
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken. I shall also be making a formal statement to the Police given your recent conduct.
Yours...
09 December 2008, 07:49 PM
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Keep off my fecking land, under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken. I shall also be making a formal statement to the Police given your recent conduct.
Yours...
There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken. I shall also be making a formal statement to the Police given your recent conduct.
Yours...
your too good for this site !! make your way over to "22b" !
cheers
Luke
09 December 2008, 07:50 PM
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Oh by the way, if her other half has debts, this does not automatically mean they are hers as well because they are married, if they are in his name (not joint accounts etc) then this has nothing to do with her.
09 December 2008, 08:50 PM
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I thought you couldn't do all that selling to someone else for a nominal fee stuff thesedays, especially if its done after the baliffs turn up
AFAIK, Baliffs can gain entry if a door or window is unlocked and open
If you invite them in when they knock and you are in, they only need one foot over the threshhold and after that they can force entry at any time whether you are in or not
Council appointed baliffs apparently have much more legal clout that your standard baliffs, so the above may only apply to council appointed baliffs
If the house is in his name and their are possessions in his name then I assume that they are legally entitled to recover those posessions to repay the debt owed
I guess it would also depend on what the debt is, Council Tax, Credit Card, Loans, Hire Purchase, Mortgage Default
I know you mentioned that he owed a lot to a CC company but he may owe more than that
Not a nice situation to be left in at all, I would suggest your neighbour seeks legal advice immediately, Citizens Advice would be a good start and don't delay at all, Baliffs can be quite intimidating
AFAIK, Baliffs can gain entry if a door or window is unlocked and open
If you invite them in when they knock and you are in, they only need one foot over the threshhold and after that they can force entry at any time whether you are in or not
Council appointed baliffs apparently have much more legal clout that your standard baliffs, so the above may only apply to council appointed baliffs
If the house is in his name and their are possessions in his name then I assume that they are legally entitled to recover those posessions to repay the debt owed
I guess it would also depend on what the debt is, Council Tax, Credit Card, Loans, Hire Purchase, Mortgage Default
I know you mentioned that he owed a lot to a CC company but he may owe more than that
Not a nice situation to be left in at all, I would suggest your neighbour seeks legal advice immediately, Citizens Advice would be a good start and don't delay at all, Baliffs can be quite intimidating
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09 December 2008, 09:12 PM
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I thought you couldn't do all that selling to someone else for a nominal fee stuff thesedays, especially if its done after the baliffs turn up
Back dated to last week ! And its a legal contract of sale, She has the perfect right to sell at any price to me. I have the right to rent back to her.
AFAIK, Baliffs can gain entry if a door or window is unlocked and open
If you invite them in when they knock and you are in, they only need one foot over the threshhold and after that they can force entry at any time whether you are in or not
How can they prove? do they need video evidence? And if so do they need her/our permission to film on private property?
she told me its only Credit card stuff. About £10k all in his name.
Council appointed baliffs apparently have much more legal clout that your standard baliffs, so the above may only apply to council appointed baliffs
If the house is in his name and their are possessions in his name then I assume that they are legally entitled to recover those posessions to repay the debt owed
I guess it would also depend on what the debt is, Council Tax, Credit Card, Loans, Hire Purchase, Mortgage Default
I know you mentioned that he owed a lot to a CC company but he may owe more than that
Not a nice situation to be left in at all, I would suggest your neighbour seeks legal advice immediately, Citizens Advice would be a good start and don't delay at all, Baliffs can be quite intimidating
Back dated to last week ! And its a legal contract of sale, She has the perfect right to sell at any price to me. I have the right to rent back to her.
AFAIK, Baliffs can gain entry if a door or window is unlocked and open
If you invite them in when they knock and you are in, they only need one foot over the threshhold and after that they can force entry at any time whether you are in or not
How can they prove? do they need video evidence? And if so do they need her/our permission to film on private property?
she told me its only Credit card stuff. About £10k all in his name.
Council appointed baliffs apparently have much more legal clout that your standard baliffs, so the above may only apply to council appointed baliffs
If the house is in his name and their are possessions in his name then I assume that they are legally entitled to recover those posessions to repay the debt owed
I guess it would also depend on what the debt is, Council Tax, Credit Card, Loans, Hire Purchase, Mortgage Default
I know you mentioned that he owed a lot to a CC company but he may owe more than that
Not a nice situation to be left in at all, I would suggest your neighbour seeks legal advice immediately, Citizens Advice would be a good start and don't delay at all, Baliffs can be quite intimidating
The fact is they entered private property without asking and if they continue i will just keep telling them to "F-O" Or block their car in if they use our private car park. Could be fun to see them walk home !!!
I hate these types. Buying debt for peanuts (I guess they bought it for about a £1K ) and then trying to hassle everyone. The way they where banging her door was almost as if they wanted everyone to know they where there. My other neighbor is a nurse and was sleeping. I work funny hours also and dont need this aggro. But we all get on here and try and help
09 December 2008, 09:15 PM
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I have just written her a full receipt to say that she has sold all her stuff to me for £20,00 And i will rent it all back to her for a £1 a month.
Would this hold up under scrutiny?
09 December 2008, 09:25 PM
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If you invite them in when they knock and you are in, they only need one foot over the threshhold and after that they can force entry at any time whether you are in or not
Council appointed baliffs apparently have much more legal clout that your standard baliffs, so the above may only apply to council appointed baliffs
If the house is in his name and their are possessions in his name then I assume that they are legally entitled to recover those posessions to repay the debt owed
I guess it would also depend on what the debt is, Council Tax, Credit Card, Loans, Hire Purchase, Mortgage Default
Council appointed baliffs apparently have much more legal clout that your standard baliffs, so the above may only apply to council appointed baliffs
If the house is in his name and their are possessions in his name then I assume that they are legally entitled to recover those posessions to repay the debt owed
I guess it would also depend on what the debt is, Council Tax, Credit Card, Loans, Hire Purchase, Mortgage Default
Not correct, a warrant (distress, liability etc) or warrant of execution still needs to be issued by a court for any money owed to anyone.
Creditors do send 'representatives' or any other stupid names the company may think up, to 'have a word' with the person owing the debt, aka intimidation tactics 'but' you are within your right to detain said people using 'reasonable force' until the Police arrive, they have no powers to enter your home and seize any goods.
In any case, no bailiff can force entry into your house (exempt are the Inland Revenue) A bailiff cannot force their way past you if you answer the door and if your doors/windows are locked they can not gain entry that way.
AFAIK, Baliffs can gain entry if a door or window is unlocked and open.
Not a nice situation to be left in at all, I would suggest your neighbour seeks legal advice immediately, Citizens Advice would be a good start and don't delay at all, Baliffs can be quite intimidating
Last edited by Dedrater; 09 December 2008 at 09:28 PM.
09 December 2008, 09:26 PM
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Why should it be questioned? They belong to her and no one has any legal claim to them.She is free to sell as she pleases and at a price that suits her.
Each item is detailed and any serial numbers noted. So if they make any attempt to remove the police can be called and they can be arrested as it can be proved they where told in writing .So have no right to touch or take what belongs legally to me.
Each item is detailed and any serial numbers noted. So if they make any attempt to remove the police can be called and they can be arrested as it can be proved they where told in writing .So have no right to touch or take what belongs legally to me.
09 December 2008, 09:34 PM
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No. she rents Apartment like all of us. Poor girl married a wally I think he just wanted to get a UK passport etc. The money he used to build part of a house he owns in Tunisia. She is having issues as she is not sure what to do if she comes home and these guys are "waiting" ?
09 December 2008, 09:34 PM
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A very important issue missed in the above replies regards 'walking posession'. If they can see goods to levy on through an open door or through a window (or even through the letter box), then they can take walking posession. They can then return and do whatever they need to do to get access to the goods in order to remove them.
On a seperate note; do you think that Alan will leave SN and go to 22B now?
On a seperate note; do you think that Alan will leave SN and go to 22B now?
09 December 2008, 09:43 PM
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A very important issue missed in the above replies regards 'walking posession'. If they can see goods to levy on through an open door or through a window (or even through the letter box), then they can take walking posession. They can then return and do whatever they need to do to get access to the goods in order to remove them.
On a seperate note; do you think that Alan will leave SN and go to 22B now?
On a seperate note; do you think that Alan will leave SN and go to 22B now?
Who is Alan.
09 December 2008, 09:46 PM
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[QUOTE=GC8;8335725]A very important issue missed in the above replies regards 'walking posession'. If they can see goods to levy on through an open door or through a window (or even through the letter box), then they can take walking posession. They can then return and do whatever they need to do to get access to the goods in order to remove them.
Going to wait for someone else to question your thoughts !
How the hell could they ever prove anything?
Going to wait for someone else to question your thoughts !
How the hell could they ever prove anything?
09 December 2008, 09:48 PM
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A very important issue missed in the above replies regards 'walking posession'. If they can see goods to levy on through an open door or through a window (or even through the letter box), then they can take walking posession. They can then return and do whatever they need to do to get access to the goods in order to remove them.
On a seperate note; do you think that Alan will leave SN and go to 22B now?
On a seperate note; do you think that Alan will leave SN and go to 22B now?
09 December 2008, 09:52 PM
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Rather worringly, youre right. Especially when you consider that it was a council bailiff that used to take walking posession on people TVs that he saw through the letter box, who told me...
This is a useful link that I usually show people who have questions about bailiffs and their authority:
Debt Basics - Bailiff Guide - know your rights
This is a useful link that I usually show people who have questions about bailiffs and their authority:
Debt Basics - Bailiff Guide - know your rights
09 December 2008, 09:53 PM
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I think the best thing is for the OPs neighbour to do is read the Governments own 'self help' pages in regards to the matter, which is direct.gov>>
Bailiffs and debt collectors : Directgov - Money, tax and benefits
Bailiffs and debt collectors : Directgov - Money, tax and benefits
10 December 2008, 11:35 AM
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Rule of thumb is - If its council tax, or a CCJ, then you are obliged to talk to them/let them in.
If it is a for an unsecured debt, then you can tell them to **** off.
If it is a for an unsecured debt, then you can tell them to **** off.
10 December 2008, 11:39 AM
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Got home tonight to find 2 bailiffs banging on my neighbors door ( bit over dramatic style) Asked them who let them through the front door and got no reply. Then asked them to leave as they where on private property and had no right of entry without a warrant from a court etc.
They get a little bit 'heavy" etc but they leave .
Neighbor returned just now and is in a state as her ex has left her and done a bunk to Tunisia .She married him this year and has found out he owed a lot of money to a CC company way before she knew him.
she is worried that they want her to pay? why should she have to accept any liability for his debt?
she has no money etc and no folks to help.
And is worried they will take her things?
I have just written her a full receipt to say that she has sold all her stuff to me for £20,00 And i will rent it all back to her for a £1 a month. This will ensure they cannot touch anything in the flat. She is also sending a copy to the credit card company etc
why do they think she must pay? she never entered into any legal contract with them etc. Is is right ? they must get the money from him as he owes it and was not even with her when he used the cards etc
cheers
They get a little bit 'heavy" etc but they leave .
Neighbor returned just now and is in a state as her ex has left her and done a bunk to Tunisia .She married him this year and has found out he owed a lot of money to a CC company way before she knew him.
she is worried that they want her to pay? why should she have to accept any liability for his debt?
she has no money etc and no folks to help.
And is worried they will take her things?
I have just written her a full receipt to say that she has sold all her stuff to me for £20,00 And i will rent it all back to her for a £1 a month. This will ensure they cannot touch anything in the flat. She is also sending a copy to the credit card company etc
why do they think she must pay? she never entered into any legal contract with them etc. Is is right ? they must get the money from him as he owes it and was not even with her when he used the cards etc
cheers
10 December 2008, 11:42 AM
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10 December 2008, 11:42 AM
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Correctamundo
If the debts are in his name (i.e. his name only is on the credit agreement), then the debts are NOTHING to do with her.
The only time this may change is if he dies, the cc company become a creditor in his estate, and she's adminstering his estate, it may have an implication on her.
10 December 2008, 01:48 PM
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Your neighbour doesn't need to open the door to them. They have no right of entry. If they call again, they could be in breach of section 40 of the "Administration of Justice act 1970" and may have committed a criminal offence under section 2 of the "Protection from harassment act 1997"
Most bailiffs will overstep the mark when it comes to their legal rights. They will almost certainly lead people to believe they have more powers than the law provides for them.
Most bailiffs will overstep the mark when it comes to their legal rights. They will almost certainly lead people to believe they have more powers than the law provides for them.
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