Philips Bailiffs !!!!!!!

[WendyB]

Re: Philips Bailiffs !!!!!!!

As it's a magistrates fine then they can break into your house, although this rarely happens it is a possibility. As long as they believe you are Mr X, or that Mr X lives there, the possibility of them breaking in is stronger. The only way to ensure that this doesn't happen is to prove to them that they are pursuing the wrong person. You could go to the issuing Court and swear an affidavit. As the bailiffs are working for the court this should do the trick, or take some proof if your ID and address to the court and show them. If you know Mr X's current address give them that too.
As has been mentioned earlier, hundreds of people deny their identities every day so as far as the bailiffs are concerned, you could be lying to them to get rid of them.

[emje71]

Re: Philips Bailiffs !!!!!!!

Thanks for the replies.
Here is a scenario : Mrs Smith buys her house from Mr X and still receives post addressed to 'him' so she returns all to sender. (Unopened so she has no idea of the contents.)
After many returned letters the bailiff breaks into Mrs Smith's house....can she sue the bailiffs for unlawful entry?
When would she have been given the chance to prove she was the owner if she had no option to?
This seems to be a grey area to me as surely anyone given the right to break entry has to check out proof themselves first.
I ask this as the lady at the court told me that all an offender has to do is give an address where they have 'ever' been linked to and they accept it....and I'm sure that there are many offenders out there that use this as a game of goose chase with the law.
I find it shocking!

[CleverClogs]

Re: Philips Bailiffs !!!!!!!

Thanks for the replies.
Here is a scenario : Mrs Smith buys her house from Mr X and still receives post addressed to 'him' so she returns all to sender. (Unopened so she has no idea of the contents.)
After many returned letters the bailiff breaks into Mrs Smith's house....can she sue the bailiffs for unlawful entry?
When would she have been given the chance to prove she was the owner if she had no option to?
This seems to be a grey area to me as surely anyone given the right to break entry has to check out proof themselves first.
I ask this as the lady at the court told me that all an offender has to do is give an address where they have 'ever' been linked to and they accept it....and I'm sure that there are many offenders out there that use this as a game of goose chase with the law.
I find it utterly disgraceful and slipshod!

I've fixed your post for you.

Unfortunately, I know of a far worse case - link; it took Sussex plods eleven years to say sorry and offer compensation.

[Caspar]

Re: Philips Bailiffs !!!!!!!

Thanks for the replies.
Here is a scenario : Mrs Smith buys her house from Mr X and still receives post addressed to 'him' so she returns all to sender. (Unopened so she has no idea of the contents.)
After many returned letters the bailiff breaks into Mrs Smith's house....can she sue the bailiffs for unlawful entry?
When would she have been given the chance to prove she was the owner if she had no option to?

Good morning Emje,
In response to the above scenario it would never happen as the bailiffs would always make Mrs Smith, who does live in the property, aware that they are after Mr X before forcing entry as they have with you.

Mrs Smith then needs to provide reasonable proof that she is not Mr Smith or Mrs Smith, then the bailiffs go away. Simple!

I've been thinking about this a bit more as I can see you concerns here, but equally, being bailiffs, you have got to accept they won't just accept your word for it that you are not Mrs Smith (using the above scenario).

The Data Protection Act 1998 states that any Data Controller (the bailiffs) must not keep data for any longer than is necessary). In your case, that is just long enough to read that you are who you say, living where you say and they've got the wrong person.

Using this bit of information, would you be prepared to send publically available information to them on the understanding that they give a written guarantee that your data would be destroyed as soon as they had seen it?

Alternatively, can you not phone the court on Monday and ask if they would accept this information and call off their appointed bailiffs?

Alternatively, you could do a sworn affidavit which would cost you around £10 ish at any High Street solicitors, and present that to the court with a copy sent to the bailiffs as suggested by Wendy.

There's a few suggestions which should protect your ID.

I totally agree that in this case the law really is an ass, but given it's the law, then as a law abiding citizen you have to work within it. This means confirming your identity.

There is no point debating the rights of the law or otherwise - you know where you stand. It's just a case of sorting it out.

[emje71]

Re: Philips Bailiffs !!!!!!!

lol....there is NO law to say I must provide proof of who I am to a bailiff...how does the bailiff contact Mrs Smith???....interesting.

Regards

[emje71]

Re: Philips Bailiffs !!!!!!!

It is not debating, I am just airing my thoughts and questions as this is a forum...Are you a lawyer?...just asking as I would like to know where in law it states that an innocent person has caused an offence if not provided personal information to a bailiff?
Also, you state that the bailiff would make Mrs Smith aware that they were looking for Mr X....how would they do this?...all letters are addressed to Mr X.....would they get her name from the electoral roll...lol....too many grey areas
Regards

[emje71]

Re: Philips Bailiffs !!!!!!!

Just spoke to Philips nd was told very rudely (how unexpected ) that they were not at liberty to talk to me about this!! They will not give me the name of the court for me to make a formal complaint and told me that the conversation is no longer!!
There you go, complete twats!!
Will not give me any info but expect me to hand over mine...but did state that they can't break entry to my home which is all I was worried about...I have this all recorded so we shall see what happens.
Regards

[Caspar]

Re: Philips Bailiffs !!!!!!!

Well I'm sorry emje. No, I'm not a lawyer, but I have dealt a vast amount with bailiffs - over 70 cases last year alone, and never once lost the battle.

I'm not getting drawn into a discussion about the rights or wrongs, existence or non-existence of law though. I have tried my best to help, but despite everything, you seem determined to ignore or dismiss any constructive suggestions offered.

This is a quotation from a solicitor specialising in bailiffs:

What to do ...
· Inform the company pursuing the money that you are the new tenant or occupier and send written proof.
· Write to the county court to inform them of this too, again with written proof. Find your local county court at hmcourts-service.gov.uk.


This would indicate the suggestions you have been offered are good. Given this is the case and you seem determined to ignore all support, I don't feel I can really offer anything further under these conditions so I am withdrawing from this thread. I would rather put my efforts into helping people who actually take note of suggestions given rather than waste my time on those that don't!

[emje71]

Re: Philips Bailiffs !!!!!!!

I have said and still say many thanks for your help...please don't take things personally if what you suggest is not agreed with but respected.
I took legal advice yesterday and just as I thought, the bailiff has no rights to break entry to my home and the lawyer also agreed that I am not bound to send any information in the post but agree to show them at my door. I have been advised to put this in writing to the court and bailiff and also request that they make an appointment to visit my home on my terms. If this is ignored I can persue legal action for harrassment. So it seems that standing your ground as an innocent law abiding citizen can work.
Take note people.....you do have rights to privacy and bailiffs do not always call the shots!
At the end of the day it is best to take proper legal advice.
Regards