Bailiff / Trespass / Assault

[Gizzy100]

Hi all,

I wondered if I could get someone else's viewpoint on this particular situation.

So I have recently moved into a new rental address and after a month or so being here, I received a letter informing me of a pending bailiff visit and if it was not for me, I should advise them and send through a copy of my council tax bill as proof.

So I wrote to the bailiff in question and informed them that I suspect that the person whom they are looking for has left the property as I recently rented it and informed them to contact the property agent (gave them the property agent's details) and suggested that they reach out to them for confirmation. I informed them that I was under no lawful or legal obligation to identify myself and I removed their rights of implied access and informed them that any visitation would invokea £1000.00 fine which they would be liable for (or their affiliates).

They returned an aggressive letter advising that I have no lawful grounds for this and they would do the visit anyway unless I proved to them who I am. In the very same sentence they accepted that I am under no lawful obligation to prove who I am to them??? so essentially what was the point in attending???

I reinforced my removal of rights of implied access as the debt has nothing to do with me and again, invited them to contact the property management company to trace this individual whoever they were looking for. I informed them that I would be prepared to use reasonable force to remove the individual from the property.

Again, they responded by saying that unless I proved who I was, they would send someone out.

For the third time, I informed them to contact the property management company and provided them with the details, informed them that their rights of implied access were removed and reinforced that I would be prepared to use reasonable force and that I would be sending them a £1000.00 fine should they attend and that this constituted harassment, alarm and distress.

Of course, they ignored this and sent out this massive guy to intimidate me.

Initially he arrived informed me that his camera was on and I also put my camera on and placed it behind me so everything was visible. He asked me if I was going to inform him that I was recording as I was required to do so. I informed him that he was a corporation and under GDPR he is required to tell me he is recording, but I as a private individual I was not required to inform him. I said (which is true) that I deal with GDPR on a daily basis.

So he showed me his ID (but did not show a warrant) and attempted to bully me into proving that this individual was not here by asking me to give him a council tax bill (not that this would prove that this individual was not here in the first place) and I attempted to talk to him...He immediately escalated the situation by talking over me, so I stood my ground and said that I have no requirement to and he is here unlawfully given that I had removed his rights of implied access.

As you can imagine, we came to an impasse very quickly.

I informed him to leave three times, which he agreed to and then said he would go and take a look in the back garden, so I matched his move and blocked his way then attempted to escort him off the premises. He pushed me back screaming stay back, but at this point - I had one hand down by my side and the other gesturing him away from the property and I simply shadowed his moves. He was screaming stay back and at two points stepped forward and pushed me back heavily, even though I was no where near him. He then made another attempt to access the back garden and again I shadowed him. Whilst at this point it was off camera, you could hear a crash as he pushed me back into the garage - which for me was his 3rd assault on me. He also complained that I had injured his finger 'boohoo!'

He then returned to his vehicle, where I followed him and took his vehicle reg. The muppet thought that even though it is a hire car that I would be unable to trace him (I do have his name also)

So,I thought that was that and he would not return and turned off my video.

He then appeared back on the drive, so I met him and he said he was going to leave a letter to which I informed that I am not going to let him and he advised that I was obstructing a court officer, so he shoved me out of the way (4th assault) and I immediately went back and blocked the letterbox, so he attempted to slide the letter in the door and we kind of wrestled with the letter which was torn in half - he managed to get half of it in the letterbox and the other half, I stuck on his windscreen. Then I threw away the other half.

I immediately contacted the police to report the assault, aggrevated trespass (as I told them at least 6 times) and for causing harassment, alarm and distress and I am expecting them tomorrow morning to show my evidence and give a statement.

I have also contacted the bailiff's revealed my identity and issued them with a £1000.00 fine along with a subject access request for the bodycam footage. They have auto-acknowledged receipt of the email but are yet to processs my request, although they do have 30 days for this.

Furthermore, I have contacted the property management company who have sent a scathing email to the bailiff's informing them that I am not this person and that I am a new tenant to the property and to cease harassment and assaulting their tenants.

So, what I am looking at here is the following:

Criminal damages from the individual/bailiff company for multiple assaults/aggrevated trespass and causing harassment/alarm and distress
Trespass Fine of £1000.00
Grounds: I informed the bailiffs that I was not this person on three occasions, I gave them every opportunity to contact the property management company as I was a new tenant to the property (on three occasions), I removed their rights of implied access and informed them that I would be prepared to use reasonable force to remove the individual and even when I asked him to leave on three occasions, he still tried to access the back garden even though he had agreed to leave, which prompted me to use the force (it was no more than pushing him - and considering I am not the biggest bloke and 50 and he was maybe 6'2-6'3 probably in his mid-late 30s). He did not show any warrant at any time.

I understand that I could have called the police, but given the circumstances they would have only been there to keep the peace and would have facilitated the bailiffs in obtaining my details (not that I would have given the police my details either) and then it would have been closed. But the way I see it, why should I? I assisted the bailiff's to the best of my knowledge but to hand over my data to anyone, for no good reason is something I have an issue with.

What do you think my chances are here? Was there anything else I could have reasonably done?

[echat11]

Hi Gizzy100

Welcome to LB

What you need to do is lodge a formal complaint with the bailiff company, then go from there.
Their complaints procedure will be on their website.

[islandgirl]

Good advice. I do not think you will get your fine paid or any compensation but I may well be wrong. You may get, as I once did in a similar situation minus the physical pushing etc, an apology. The best course of action might have been not to answer the door?

[wales01man]

Good advice. I do not think you will get your fine paid or any compensation but I may well be wrong. You may get, as I once did in a similar situation minus the physical pushing etc, an apology. The best course of action might have been not to answer the door?

Fine? it not the OPs debt they are chasing

[islandgirl]

Fine? it not the OPs debt they are chasing

No it is a fine imposed by the OP on the baliff: "and that I would be sending them a £1000.00 fine should they attend and that this constituted harassment, alarm and distress."

[wales01man]

No it is a fine imposed by the OP on the baliff: "and that I would be sending them a £1000.00 fine should they attend and that this constituted harassment, alarm and distress."

Sorry misread thanks interesting to see where this goes

[Gizzy100]

Thank you for your feedback all. I had the police in attendence yesterday and I was advised that I do have a very good opportunity in terms of trespass given the fact that I encouraged them on three occasions to contact the <landlord> to confirm that this was the case. <bailiff company> could have very easily avoided this situation if they had saved their own time and efforts in the first place.

With regards to the assault, this will be more tricky.

I will let you know how this progresses, but I believe due to my pre-attendence work and their lack of acknowledgement/action on their part this has a very good chance of success. I appreciate that the <bailiff company's> default position is to not believe the person which is fine, but verification could have easily been rectified by approaching a third party.

This is the letter I have sent to the Bailiffs with PII removed:

To Whom It May Concern,


Subject: Formal Notice Regarding Allegations, Subject Access Request, and Proposed Resolution


Further to my correspondence of November 18, 2024, I confirm that the police have attended my property in relation to this matter under Crime Reference Number XXX. My statement and associated recordings have been submitted to the authorities. The investigating officer, XXX, based at XXX Police Station, will now be pursuing enquiries with <the bailiff> regarding the allegations raised.


Additionally, I remind you of the Subject Access Request ("SAR") submitted on November 18, 2024, which you have acknowledged via automated receipt but to which no substantive response has been provided. As this matter now forms part of a criminal investigation, I formally request that all relevant evidence be preserved and disclosed without delay. Any attempt to delete, withhold, or obscure evidence may be construed as a violation of GDPR requirements and could adversely affect your standing in any subsequent legal proceedings.

---

Matters for Consideration



I respectfully request that you review the following facts:

1. I engaged with you promptly upon receipt of your initial correspondence.
2. I clearly informed you that I am not legally obligated to identify myself, which you acknowledged and accepted.
3. On three occasions, I advised you to contact my property management company, <landlord> , a third-party organisation capable of verifying my claims. Despite this reasonable suggestion, you failed to act, choosing instead to escalate matters unnecessarily.
4. Contrary to my advice, <bailiff> was sent to the property and, by his actions, sought to intimidate and aggravate the situation.
5. At no time did <bailiff> present a valid warrant, as evidenced by video recordings.
6. A council tax bill or similar documentation would not suffice to prove that the individual sought resides at this address. Such documentation only confirms my residency or that of my partner.
7. You were advised on three occasions that rights of implied access to the property were revoked. This instruction was ignored, and I further advised you of the imposition of a trespass fine in the event of non-compliance.
8. <bailiff> admitted on camera that he had read my emails. Despite this, and having been provided with an opportunity to verify facts with <landlord>, he willfully ignored this avenue, whether at the instruction of <bailiff company> or by his own decision.
9. On camera, <bailiff> expressed concerns about his workload, seemingly without regard to the disruption caused to me. A simple verification call to <landlord> would have averted this escalation.
10. After agreeing to leave the premises when requested, <bailiff> inexplicably attempted to access the rear garden. At this point, I acted to defend my property using reasonable force, as previously communicated.
11. Despite unlawfully remaining on the premises, <bailiff> engaged in multiple physical assaults against me (four in total, as captured on video).
12. After leaving the property, <bailiff> returned, which could be classified as a separate instance of trespass. I reserve the right to pursue this matter at a later stage.
13. On three occasions, <bailiff> threatened to return to the property, ignoring the revocation of implied access rights.
14. <landlord> has confirmed, as of November 18, 2024, that the individual you seek does not reside at this address.

---

Proposed Resolution

It is not my intent to pass judgment on <bailiff> personally or, by extension,<bailiff company>. However, as the victim of this incident, it is evident that the facts and evidence overwhelmingly support my position. The actions of both your organisation and your agent have directly led to this unnecessary and avoidable situation.


I am prepared to withdraw my allegations against <bailiff> under the following conditions:

1. <bailiff company> provides formal assurance that <bailiff> will receive appropriate training on professional conduct and GDPR compliance.
2. <bailiff> issues a written letter of apology addressed to me.

Upon receipt of these assurances, I will consider the matter between <bailiff> and myself resolved, insofar as it concerns criminal allegations.


This proposal does not absolve <bailiff company? of civil liability for trespass, and I expect full payment of my invoice within the stipulated timelines. In this regard, your position is without substantive defense.


I trust you will give this matter the attention it warrants and act accordingly to prevent further unnecessary proceedings.

[islandgirl]

The "invoice" won't be paid. The apology may arrive!

[bluebottle]

Only a court can impose a fine.

The bailiff's behaviour in this case raises questions as to their fitness to act as a bailiff. The fact he used unlawful force against you does not go in his favour. As to what type of attack, the best I can come up with, at present, is Battery.

Try and find out who he was acting for (his client) and inform them of the unprovoked attack on yourself. The client is vicariously-liable for his actions.