bailiffs entering house

[astraldream]

I am currently in dispute with Equita and the council over my council tax.
I have without fail paid the full amount with equita not just on time but early.

After 12 months i decided i was sick to death of their bad attitude and surliness on the phone and decided i was no longer going to deal with them.

I contacted the council told them so on the phone and continues to pay the full amount. I have also been in communication with the council how i feel with regards to Equita and i feel they are a detriment to my mental health and i would like them to either take the debt back or transfer it to a different company.

In the meantime i am still receiving threatening letters from Equita as i have stopped paying them they are now saying as i have a liability order they are going to remove my goods wether i am there or not.

Now, even though i have advised them of the situation and also told them if anyone was to enter my property i have no doubt they will be bitten as i have four great danes in the property they just ignore me.

If they DO break in and they DO get bitten (they arent viscious but i have no doubt they will protect my property) how do i stand with regards to my dogs?
Will they be reported to the police for attacking someone even though they are on my own property?

[labman]

Re: bailiffs entering house

They won't break in. They are lying.

Keep paying the council the full amount as you are doing and let Equita throw their toys out of the pram.

Do you know the exact amount the LO was for. If not you need to phone the council and find this figure out. Work out what you have paid off this to Equita already and how much is left to pay.

In the meantime, I'd send this letter to Equita to get a breakdown of their fees - we can ascertain what they can lawfully charge for the work they have done, and then, if they have not acted unlawfully, you pay them what you really owe and not a penny more:

From:
My Name
My Address

To:
Acme Bailiff Co
Bailiff House

Ref: Account No: 123456

Dear Sir

With reference to the above account, Can you please provide me with a breakdown of the charges.

This includes:
a - the time & date of any Bailiff action that incurred a Fee.
b - the reason for the fee.
c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.
e - the date of the Certification.

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

[astraldream]

Re: bailiffs entering house

It was initially for just over 3k but i have paid over 1500 now. I have no idea how many charges i have accrued so i will definately do this thank you.

Thank you for the information, i have been so worried that they will enter my property, the problem is my side door doesnt lock properly so i was told they can enter "peacefully" as it isnt locked which if they do im afraid they will meet four 80kg dogs who dont take too kindly to strangers in their house without mummy being there.

[labman]

Re: bailiffs entering house

They are allowed to walk through an unlocked door to gain peaceful entry. Can you not put something under the handle to stop them being able to push it down.

Obviously you are running the risk of a thief breaking in as well as a bailiff by not having a lock on the door - perhaps it's a good time to get it fixed?

I quite like the thought of a bailiff being devoured by four Great Danes, and I suspect there may me little left of him. Mind you, the GD's I've met would ost likely lick him to death! Believe it or not, you would be liable if they bit the bailiff which is a ridiculous law if he just walks into their house.

I'd try to do something about the door if possible, and yes, get the fee breakdown sent off. :beagle:

[astraldream]

Re: bailiffs entering house

I will try get it fixes unfortuately its a matter of finances. If i put a lock on the front gate does that mean they can still enter? it would mean them jumping over the fence?

[labman]

Re: bailiffs entering house

How high is the fence? If they can reasonably step over it, they would be able to enter. If they have to climb it they would risk damaging it and probably would not risk it.

[astraldream]

Re: bailiffs entering house

I would say the gate and fence is 4 and a half ft minimum

[Monzter]

Re: bailiffs entering house

Hi someone correct me if I am wrong but wouldn't the bailiff need a court order to gain entry (other than peaceful) unless peaceful entry had already been gained, to break in?

Also the bailiff would be unlikely I think (just my opinion) to enter with four big dogs waiting to use him as a chew toy lol (oh the thought is lovely isn't it I have mental images ) anyone would, so wouldn't he need assistance from the police and therefore have to prove that he has legal right to force entry and if he doesn't then he's not going to get the help?


I don't know it's just an idea and needs clarification from others with more knowledge from me.........

As for your door my daughter snapped the key in the lock, with the door unlocked while I had a bailiff sniffing about, I put an upright hoover under the handle - it stopped the handle being pushed down from the outside and therefore it appeared locked from the outside

In my experience bailiffs lie, you know this is happening as their lips are moving, what they say they can do and what they actually do are poles apart.

[labman]

Re: bailiffs entering house

Yes, they won't force entry, but if a door is unloked they are allowed to open it and enter as this is peaceful entry.

I'll have a little dig around about the fence issue once I've eaten!

[ploddertom]

Re: bailiffs entering house

A Bailiff is allowed to clamber over a fence or wall providing he causes no damage to it. If a fence or wall is broken he is allowed to enter through that part which is already broken again providing he causes no more damage.

[labman]

Re: bailiffs entering house

Thanks PT, saved me digging it out!

[astraldream]

Re: bailiffs entering house

Thank you. Looks like i will need to at least invest in a couple of dead bolts in the meantime.

[Mrs James]

Re: bailiffs entering house

I'm just wondering if you have actually spoken to the Council when you've phoned them. It's most likely that you've been talking to the backroom staff that are outsourced to Capita. Capita own Equita

[astraldream]

Re: bailiffs entering house

I initially spoke to whoever answers in the call center, they advised me to write to an address at the council and i have been speaking to a revenues officer.

The most annoying thing is that i have paid the correct amount and also BEFORE the date due every month. However Equita have told them i have been up to 10-20 days late every month. and given the dates.

This confused me massively as i was SO sure i had been paying early so i went ack to check my bank account and i was quite right even taking in to account it takes a few days for the money to go into their account they were well out, even by 25 days on one month.

I have wrote back to the revenue officer with the correct dates and should they wish to see bank statements to prove it i will.

I sent this 5 days ago i am awaiting response.

[ploddertom]

Re: bailiffs entering house

I assume because of all the hassle you had you will now pay the Council direct via online banking, Council Website or automated phone. Yes it may upset Mr Numpty but so what. He will utter all sorts of threats but realistically he is powerless.