Tweet
Can bailiffs enter a property not belonging to the person owing the debt, with a locksmith, and remove items?
Loading...
-
Tags: None -
Re: Bailiffs
Hi Tizer1 & welcome to LB.Originally posted by Tizer1 View Post
A bit more info re the details might be helpful.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John Sedgwick -
Re: Bailiffs
Thank you Charitynjw, basic details are: I owe some money, I do not know to who. Marston holdings have put a warrent through the door and a notice to remove goods. They want over £1000 immediately. The property they keep attending is not in my name. The tenancy is In someone else's name. Can marston holdings use a locksmith to gain entry and remove goods when this property is not in my name?Comment
-
Re: Bailiffs
It all depends on what this is for - the notice should give you a clue as to what it is for, if it turns out that it is for a Magistrates Court Fine then they can & will force entry if they believe you are evading them. Difficult to give any more as you have not really said what this about.Comment
-
Re: Bailiffs
It is on behalf of HMCTS and says it is a warrant. Other than that I have no idea what it is about. I am going to CAB Thursday morning. Any other advice in the meantime would be greatly appreciatedComment
-
Re: Bailiffs
It's not CAB you need to contact. From what you say above it is a Magistrates Court Fine and it is them you need to speak to, urgently.Comment
-
Re: Bailiffs
I've been trying to load an image of the paperwork on here but I can't.Comment
-
Re: Bailiffs
Email [MENTION=49370]Kati[/MENTION]Originally posted by Tizer1 View Post
I can be emailed if you need my help loading pictures/documents to your thread. My email address iskati@legalbeagles.info
But please include a link to your thread so I know who you are.CAVEAT LECTOR
This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
You and I do not see things as they are. We see things as we are.
Cohen, Herb
There is danger when a man throws his tongue into high gear before he
gets his brain a-going.
Phelps, C. C.
"They couldn't hit an elephant at this distance!"
The last words of John SedgwickComment
-
Re: Bailiffs
....Debt is like any other trap, easy enough to get into, but hard enough to get out of.
It doesn't matter where your journey begins, so long as you begin it...
recte agens confido
~~~~~
Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.
I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
But please include a link to your thread so I know who you are.
Specialist advice can be sought via our sister site JustBeagleComment
-
Re: Bailiffs
Yes that is for a magistrates Court Fine - usual suspects are TV Licence, Motoring Offence, Fare Evasion usually high as no attendance at Court and Magistrates have to assume largest fine possible can be made. If no knowledge then within 21 days of becoming aware you may be able to make a Statutory Declaration and the Magistrates can hear the hear the case again giving an opportunity to put your side of it and if circumstances allow a lower fine - the clock is ticking. HMCTS North Wales is probably run through Wrexham https://courttribunalfinder.service.gov.uk/courts/wrexham-magistrates-court-and-family-court--2
Comment
-
Re: Bailiffs
Can they force entry when the house is not in my name, and nothing in it belongs to me?
- - - Updated - - -
I've no idea what it is for. I don't have a television, I paid my speeding fine and what is fare evasion? Only thing I can think of is that it might be an unpaid electricity bill.Comment
-
Re: Bailiffs
Do as PlodderTom says and contact the Fines Officer at the Magistrates and tell them you want to make a statutory declaration. A statutory declaration means there was a hearing, or a decision (ie proceedings) made in your absence, so you require a fresh hearing. You'll just go to the magistrates and give an oath. You can then get in contact with the Marstons/ bailiffs and tell them that you have made a statutory declaration and to postpone any action against you/ the person who lives at that address. Do not delay! If they are acting on a Magistrate's warrant (legal authority), they can take whatever action is necessary to secure goods/ assets against the debts. It however just says warrant in non print, ie written with a pen, though. It, if it were a warrant, doesn't actually say what actions the bailiffs can carry out. Marston's by the sounds of it is acting for HM Courts, North Wales. You should have been given a warning letter stating that they have the power to force an entry. The law is 'reasonable belief' that the debtor lives there and has goods to offset the debt owed. Did you receive an acknowledgment of paying your speeding fine?Originally posted by Tizer1 View PostLast edited by Openlaw15; 8th August 2016, 15:37:PM.Comment
-
Re: Bailiffs
If you live no where near the originating Court arrangements can be made to have the SD done at a Court local to you. You must ask they notify Marstons to hold enforcement while this goes on. They don't know the house is not in your name but they do appear to know you live there and they can force entry, the same goes for the contents as it is for you & whoever owns them to produce proof.
If you fail to deal with this the next step will likely be an arrest warrant where you could be picked up, placed in the cells and put before the Magistrates in due course.
- - - Updated - - -
Meant to say this will not be for an unpaid electric bill.Comment
Comment