bailiffs (marston) can they break in my house???

[*williams*]

Please can anyone help?? my friend has had the bailiffs around today demanding £490 cash to which she doesnt have , the bailiff then stated that he has a locksmith with him and has the power to break in and remove goods to the vaule?? can they do this?? we contacted the court and they have given her a date to attend court this wednesday to means test her as this has not been done by anyone... we tried to arrange a payment plan with the bailiff but he didnt want to know just kept saying it wasnt his problem and that he will get either the money of the goods to the value wether its a forced entry or not..... can they really do this to her?????

[Amy]

Re: bailiffs (marston) can they break in my house???

What is the debt for?

[*williams*]

Re: bailiffs (marston) can they break in my house???

t.v fine

[Amy]

Re: bailiffs (marston) can they break in my house???

When did she get this fine? How much was the original fine and has she paid anything off at all? How much are the fees?

The more information you can provide the better, so we know best how to advise you.

You really need to have a read of this Bailiff Issues - Legal Beagles

[*williams*]

Re: bailiffs (marston) can they break in my house???

i think the fine was £290 at first. however she never recieved any letters from anyone untill the bailiffs posted it through her door. the courts have been really good and have given her a hearing this wednesday we explained this to the bailiff but he just stated that it wasnt his problem and that one way or another he will get the money or the good to the value. can they really break into her home and take the goods to the value?? we even contact the bailiffs to offer a payment plan but was told this could not be done?? no one have ever means tested her???

[Amy]

Re: bailiffs (marston) can they break in my house???

Was she aware she had been fined prior to the bailiff's letter?

Again, when did she receive this fine? Marston are able to let her pay over 6 months and the means hearing with help her sort this out so long as she provides her income and expenditure information - is she preparing this?

Does she have a car? If so, she would be well advised to move it away.

[Ed1237]

Re: bailiffs (marston) can they break in my house???

If she signed anything she was asked to by the baliff, it is likely to be a walk in possession order. From experience, this company are not adversed to conning people into signing this, usually saying it is just to confirm they were there. Afterwards, they just write down a list of common items on the sheet. The next time they return, they are then able to break into the house and remove the listed goods. Additionally, if she has ever invited them in, they are able to break in. If either of these have not happened, then without a warrant from the court, they will be unable to forceably enter. However, as Amy says, remove the car if applicable.

[Amy]

Re: bailiffs (marston) can they break in my house???

Ed, this is a magistrate court fine so the bailiff does not need to have been granted peaceful entry previously.

[Ed1237]

Re: bailiffs (marston) can they break in my house???

Sorry Amy, missed that.

If thats the case the bailiffs have the power to break into your home and other premises to take your goods even if they have not been into your home before,if it is reasonable to do so. It is not likely that bailiffs will use force to break in but it is possible under the rules. They are more likely to gain entry by peaceful means such as by getting through an open door or window or by you letting them in.

If for some reason the bailiffs are unable to gain entry or take goods then the fine will eventually go back to the court to take further action. You will usually have to attend court for a hearing and make an offer to repay the debt.

If you own a car which is parked on the street outside your home this could be at risk. Bailiffs do not have to gain entry to your house in order to take a car parked outside. From November 1999 there was a new rule that says vehicles needed for use in employment or business cannot be taken but you would have to prove that this is the case.

Some bailiff firms are able to accept instalments on the fines outstanding, and some will only accept payment of the total amount owed. Try writing to the bailiffs, enclosing a personal budget and asking them whether they will accept instalment payments. Send a copy of your letter and personal budget to the magistrates' court.

Any money you pay to the bailiffs may come off their costs first before going towards the fine. However, when a fine is returned to court, the bailiffs costs will not be enforced by the court, so the balance will go down to the amount of the original fine.

In this case, as she has a hearing on Wednesday, it is likely that she will have it taken back by the court and the Baliff costs removed. However, if she misses even one installment, she will be back to square one.

[Pc2010]

Re: bailiffs (marston) can they break in my house???

Bailiffs do NOT have any rites to gain access to your house but they can gain access if a windows is left open. If the bailiff try to force entry to the property they are breaking the law the only way they can force entry is if they are with a police officer and they then still need a warrant. If the county court bailiffs do come back then dont open the door go to a bedroom window and talk to them from there. If the bailiff starts to get violent in anyway why not get a phone and start to record them this will be good evidences. Also tell them that u have phoned the citizen advice bureau. If the bailiff don't listen to this and trys some trick to get in the house then phone the police and just say u have got someone trying to brake into your house dont tell them they are bailiffs so they can get there quicker. I have had Visits of marston bailiffs and i no what they can be like. If none of this works take them back court and just say u dont have the money to pay it all of the courts may just let you pay it of two them week by week. Good Luck

[Guest]

Re: bailiffs (marston) can they break in my house???

Bailiffs do NOT have any rites to gain access to your house but they can gain access if a windows is left open. If the bailiff try to force entry to the property they are breaking the law the only way they can force entry is if they are with a police officer and they then still need a warrant. If the county court bailiffs do come back then dont open the door go to a bedroom window and talk to them from there. If the bailiff starts to get violent in anyway why not get a phone and start to record them this will be good evidences. Also tell them that u have phoned the citizen advice bureau. If the bailiff don't listen to this and trys some trick to get in the house then phone the police and just say u have got someone trying to brake into your house dont tell them they are bailiffs so they can get there quicker. I have had Visits of marston bailiffs and i no what they can be like. If none of this works take them back court and just say u dont have the money to pay it all of the courts may just let you pay it of two them week by week. Good Luck

This is incorrect. For fines issued by the Magistrates' Court bailiffs have the power to break in to private homes. Certain types of fines, including TV licence fines, give bailiffs the power to break into your home to take your goods even if they have not been into your home before.

[ando440]

Re: bailiffs (marston) can they break in my house???

What if I am not on the tenancy agreement for the property, my partner has been here for 6 years and I only moved in in Nov, but I am not allowed on the tenancy agreement? Is it still classed as my home?

[Amy]

Re: bailiffs (marston) can they break in my house???

What if I am not on the tenancy agreement for the property, my partner has been here for 6 years and I only moved in in Nov, but I am not allowed on the tenancy agreement? Is it still classed as my home?

I think you might have to elaborate just a little. Classed as your home by who?