Speak to a BAILIFF Expert - £35
Can bailiffs break into your
home?
The biggest question on your mind is - what
happens if:
You don't pay the bailiffs,
don't let them into your home or allow
access to your vehicle?
The straight answer? ...
... Nothing.
So long as you keep the bailiff out of your
property and do not sign anything, the bailiff will
eventually give up and move on.
Example.
The bottom line is -
If you don't have the
means...
...The bailiffs
Cannot take what you haven't
got.
Bailiffs can apply to a court for a separate warrant to enter and search for goods. Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The correct procedure for a bailiff to apply for a warrant of entry is given in Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015.
Place
these notices inside your front door and
outside your property to stop the bailiffs. However
they may threaten you with "locksmiths" and pester
your neighbours for information about you so put
them on alert and call police if they see anyone
acting suspiciously in the neighbourhood.
If
you have signed a Regulation 15 Controlled Goods Agreement ,
the rules change...
Bailiffs claim they can break into your home using a
locksmith to recover goods listed on the
Controlled Goods Agreement - under the case of
McLeod v Butterwick [1996] 3 All ER 236, [1996] 1
WLR 995 - It has been repealed by Section 65 of the Tribunals, Courts and Enforcement Act 2007.
BUT ONLY IF:-
- The bailiff has a
VALID CONTROLLED GOODS AGREEMENT - So you must check the bailiff
has followed the correct procedures and
regulations
AND PROVIDED THAT:-
- You previously ALLOWED the
bailiff into your home to make that levy in
respect of the same debt and you signed a
Controlled Goods Agreement.
Case law:
Brintons Ltd v Wyre Forest District Council [1977]
QB 178
Otherwise you can refuse entry to your
home by displaying
these notices -
In Davis v Lisle, Goddard J said Police officers
entering the premises were not trespassers, they
became trespassers they were told to leave, and
thus, were not acting in the execution of duty.
If the bailiff subsequently breaks into your
property then you have a civil and a criminal claim
following the case of
Khazanchi & Anor v Faircharm Investments Ltd
& Others, Court of Appeal
Bailiffs cannot break open a door but can open
one if it is unlocked, Budd v Pyle [1846] 10 JP
203
If he enters by force he is there unlawfully and
you can treat him as a trespasser. In
Vaughan v McKenzie [1963] 3 All ER 1154 two
county court bailiffs used force to enter. One was
struck over the head with a full milk bottle. Held:
Not assault, the bailiff was there illegally.
Another person cannot sign a Controlled Goods Agreement without the debtors knowledge or permission:
Lumsden v Burnett [1898] 2 QB 177
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