Bailiffs 'unlawfully enter homes'

[Solowka]

Bailiffs are illegally entering homes to confiscate people's possessions, the National Debtline has warned.

The charity says many bailiffs are guilty of harassment and intimidation, with 40% misrepresenting their powers of entry into people's homes.

It also says police do not stop such practices because many officers do not fully understand the law themselves.


http://news.bbc.co.uk/1/hi/uk/7197493.stm

[Delta]

Re: Bailiffs 'unlawfully enter homes'

Oh eck, I put a link up to this story this morning, being half asleep I put it in the wrong section (bailiffs) saw the interview with Jamie Waller (god that man makes my flesh crawl)

[scoobydoo]

Re: Bailiffs 'unlawfully enter homes'

On the interview I saw - not sure if it was the same person I thought it interesting that the nterviewee himself said that the whole industry should be regulated and that the government should get its act togther. then then there would be less confusion and clearer proceedures and action against bailiffs who broke the regulations- sounds like a good idea.

Also he critised NBL and other consumer groups for advising people to not allow access. He said this just resulted in more charges ,pushing the debt up , and there would be repeated visits and more costs. However I think he was also admitting that this was a result of fear of intimidation - and that regulation would hopefully solve that.

Jan

[scoobydoo]

Re: Bailiffs 'unlawfully enter homes'

Will I get advance notice of a bailiff visit and fees?
From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay.
Do I have to pay the bailiff's fees?
The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made.
All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.
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What should I do if a bailiff is about to visit my home?
Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees.
Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.
If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.



from national insolvency website

jan