bailiffs entering house

[astraldream]

Re: bailiffs entering house

Yeh thats what i have been doing for three months now, however my debt as they keep telling me is still with equita so thats the reason i am still receiving threatening letters from them.

[ploddertom]

Re: bailiffs entering house

Once they realise they are getting nowhere with you they will move on. Have they gained entry to your home or otherwise levied on any goods?

[astraldream]

Re: bailiffs entering house

They havent gained entry, and i really dont know what a levy is sorry?

I have asked several times for an update on my account including a list of charges but have been ignored every time. However i will print off the letter labman suggested and send it recorded asap. I might even wipe they letter on the dogs bum first..

[ploddertom]

Re: bailiffs entering house

When sending a request off for a breakdown of charges I would advise send initially by email backed up by a copy in the post.

A Levy is made when a Bailiff gains entry to your home and compiles a list of goods you own that he thinks may sell at auction to satisfy the debt you owe. He may also do the same with any goods outside - most notably a motor vehicle.

[labman]

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.

See post 2

[astraldream]

Re: bailiffs entering house

Nope they certainly havent been in my home and i dont have a car.

They are such liars, in letters they have said such things as we have looked through your window and have seen items that can be sold etc..

For one, this i know is a lie if someone looked through my window there would be four danes stood up barking through the window at them and they wouldnt be able to see past them.

secondly i really dont have anything worth selling, ha ha i really dont.
I have two second hand sofas with big bite marks in, i have the oldest telly in the world and thats it. Literally i dont have anything else. My laptop ut i take it to work with me...

[Guest]

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.

Bailiffs can scale a 6ft fence. I remember a case a few years ago.

Two bailiffs climbed a back fence of a property, and as they approached the open french doors, two dobermans came bouncing out.

It was not discovered until the owner came home and found a chewed up size 11 boot in the back garden and police found the bailiff receiving treatment at an A+E department.

[pepsie]

Re: bailiffs entering house

Nope they certainly havent been in my home and i dont have a car.

They are such liars, in letters they have said such things as we have looked through your window and have seen items that can be sold etc.. and of course they also told they were not allowed to levy in this manner?

For one, this i know is a lie if someone looked through my window there would be four danes stood up barking through the window at them and they wouldnt be able to see past them.

secondly i really dont have anything worth selling, ha ha i really dont.
I have two second hand sofas with big bite marks in, i have the oldest telly in the world and thats it. Literally i dont have anything else. My laptop ut i take it to work with me...

Have a read of this and then allow yourself a good laugh
http://www.credittoday.co.uk/article...s-bailiff-firm

[labman]

Re: bailiffs entering house

What I find amusing is the CEO of Birmingham Council almost lost his job a year or two ago for supporting the same firm he's now turned against. Funny that!

[bluebottle]

Re: bailiffs entering house

Equita have a shocking record of misrepresentation of authority and non-compliance with OFT and MoJ guidelines and rules, as well as the law generally. In one case I have come across, their bailiffs entered a property in clear breach of the law and committed Burglary in doing so. Unfortunately, the local police were their usual helpful selves and did sweet nothing about it, even though they, themselves, admitted the bailiffs had committed Burglary!

Equita's parent company, Capita, have the unenviable title of "Cock-Up Kings". Some of the things Capita have cocked-up include the Criminal Records Bureau (CRB), Civil Service Pensions and the London Congestion Charge. The cock-ups they made with the CRB were of such gravity, questions were asked by MPs as to how Capita could be allowed to continue to run the Bureau.

Anything Equita say in correspondence should be treated as suspect.

If you are up to date with your payments and Equita are sending you threatening letters, send a letter to the local authority concerned, if you have not already done so, advising that they are liable for any wrongdoings on the part of Equita whilst acting for them. Sometimes, this is sufficient to bring a DCA or bailiff firm to heel. If this fails, you have recourse to the MoJ and the Local Government Ombudsman (LGO). Ultimately, you have recourse through Section 21, Theft Act 1968 (Blackmail) and Section 2, Protection from Harassment Act 1997. However, this should only be used when everything else has failed. Do not use it as a first line of attack.

As regards Equita's bailiffs being bitten by your Great Danes, which I note you have previously warned them about, you have correctly made them aware of the dogs' presence in your home. It would be a good idea to put this to them in writing and send by Royal Mail Signed For service. If their bailiffs then enter your home when you are not there and get bitten by the Great Danes, no judge is going to have very much sympathy for them as they will have been previously warned and, by entering your home, accepted that there was a risk of them being bitten.

One last thing, how were the two Dobermans who bit the bailiff who scaled the fence? The poor animals must have been traumatised. I hope they were taken to a vet for anti-rabies jabs.

[Monzter]

Re: bailiffs entering house

As regards Equita's bailiffs being bitten by your Great Danes, which I note you have previously warned them about, you have correctly made them aware of the dogs' presence in your home. It would be a good idea to put this to them in writing and send by Royal Mail Signed For service. If their bailiffs then enter your home when you are not there and get bitten by the Great Danes, no judge is going to have very much sympathy for them as they will have been previously warned and, by entering your home, accepted that there was a risk of them being bitten.

Good idea, when a Jacobs oaf threatened me with the same thing about breaking in I put a letter on my inner door, my kitchen door (where the dogs are while I am out) and sent one to the company. I put it on the doors inside so that they would have to have entered to read it, here's the gist of the letter -

Please Note - In order to be reading this you have gained entry to my home, as I am out and you have been informed that I would not be in, I believe this to be ILLEGAL as NO PEACEFUL ENTRY has been gained, and as no court order allowing forced entry has been produced despite my requests to see such documentation. I will pursue any and all persons involved to the limit of the law.

In addition to this I have 2 dogs and a cat in the house, the dogs may not be controlled by strangers and may indeed BITE as they will be defending their property against intruders. Should my animals be injured, distressed or let loose I will pursue the persons responsible to the limit of the law and seek for any expenses I incur for veterinary treatment or recovering lost animals.

To the company I wrote -

Your bailiff has informed me that he intends to attend my property with a locksmith and removal team and gain forced entry to my property, as instructed by the council. No peaceful entry has ever been gained to my address. It is my belief that in order to force entry the bailiff must have already gained peaceful entry or have in their possession a court order from a judge allowing them to use force to enter my property. I have requested a copy of this as is my right and have not been provided with this. Further to this please be aware that I have animals in the house, namely 2 dogs. These dogs may not comply with the instructions of strangers and may indeed BITE a stranger entering what they consider their territory. Should my animals be injured, distressed or let loose I will pursue the persons responsible to the limit of the law and seek for any expenses I incur for veterinary treatment or recovering lost animals. I have repeatedly informed your bailiff that I will not be home when he intends to call as I have work commitments at that time, he however assures me that it doesn't matter as he will force entry anyway. For the reasons explained above I believe this to be illegal and will pursue any and all persons involved to the limit of the law.

I have no idea if I was doing right or wrong doing this, but I was so incensed about how they were behaving that I had to do something.

That's roughly the gist of it, and predictably I got no response from the company but it was sent recorded so no denying they got it and were warned, and by putting the letters on the inner doors it ensured no one walking past could see it - only if my house was entered. The bailiff never did come back and after I complained to the council about his conduct and refused to deal with him point blank, the council has put a hold on bailiff action indefinitely and I am now paying them.

Funny thing is both of my dogs are terriers lol and of no use if someone did come in they were more likely to leg it through an open door or get tripped over - but the bailiffs weren't to know that were they??!!

Two bailiffs climbed a back fence of a property, and as they approached the open french doors, two dobermans came bouncing out.

It was not discovered until the owner came home and found a chewed up size 11 boot in the back garden and police found the bailiff receiving treatment at an A+E department.

What did happen with this case? Poor dogs must have had indigestion.......... though it has produced more pleasing mental images lol

[ploddertom]

Re: bailiffs entering house

There is of course a mischevious thought to advise everyone to do something similar whether or not they have a dog. Would be interesting to see what would happen, may even clog the whole system up.

[labman]

Re: bailiffs entering house

Would that not be a misleading practice?:juggle:

[bluebottle]

Re: bailiffs entering house

Would that not be a misleading practice?:juggle:

Apparently, if you have an animal in a private dwelling that is likely to bite or attack anyone, in self-defence, you should warn anyone who is likely to enter of their presence and their likelihood of biting them.

If anyone is foolish enough to ignore that warning and gets bitten or attacked, no court will entertain any claims for damages for bites, ripped clothes, etc., as you are deemed, having ignored a warning, to have accepted the risk of being attacked or bitten. A court would deem that Reckless Conduct.

There is nothing to prevent anyone telling a bailiff or DCA that they have a dog that may bite if they enter without permission. In any case, any bailiff who forces entry to a property without lawful authority commits Burglary under Section 9(1)(a), Theft Act 1968, Section 9(1)(b) if they succeed in making off with your chattels (tv set, etc.). They'll be arrested anyway, if you're firm enough with the police, so don't worry about it.

[bluebottle]

Re: bailiffs entering house

Good idea, when a Jacobs oaf threatened me with the same thing about breaking in I put a letter on my inner door, my kitchen door (where the dogs are while I am out) and sent one to the company. I put it on the doors inside so that they would have to have entered to read it, here's the gist of the letter -

Please Note - In order to be reading this you have gained entry to my home, as I am out and you have been informed that I would not be in, I believe this to be ILLEGAL as NO PEACEFUL ENTRY has been gained, and as no court order allowing forced entry has been produced despite my requests to see such documentation. I will pursue any and all persons involved to the limit of the law.

In addition to this I have 2 dogs and a cat in the house, the dogs may not be controlled by strangers and may indeed BITE as they will be defending their property against intruders. Should my animals be injured, distressed or let loose I will pursue the persons responsible to the limit of the law and seek for any expenses I incur for veterinary treatment or recovering lost animals.

To the company I wrote -

Your bailiff has informed me that he intends to attend my property with a locksmith and removal team and gain forced entry to my property, as instructed by the council. No peaceful entry has ever been gained to my address. It is my belief that in order to force entry the bailiff must have already gained peaceful entry or have in their possession a court order from a judge allowing them to use force to enter my property. I have requested a copy of this as is my right and have not been provided with this. Further to this please be aware that I have animals in the house, namely 2 dogs. These dogs may not comply with the instructions of strangers and may indeed BITE a stranger entering what they consider their territory. Should my animals be injured, distressed or let loose I will pursue the persons responsible to the limit of the law and seek for any expenses I incur for veterinary treatment or recovering lost animals. I have repeatedly informed your bailiff that I will not be home when he intends to call as I have work commitments at that time, he however assures me that it doesn't matter as he will force entry anyway. For the reasons explained above I believe this to be illegal and will pursue any and all persons involved to the limit of the law.

I have no idea if I was doing right or wrong doing this, but I was so incensed about how they were behaving that I had to do something.

That's roughly the gist of it, and predictably I got no response from the company but it was sent recorded so no denying they got it and were warned, and by putting the letters on the inner doors it ensured no one walking past could see it - only if my house was entered. The bailiff never did come back and after I complained to the council about his conduct and refused to deal with him point blank, the council has put a hold on bailiff action indefinitely and I am now paying them.

Funny thing is both of my dogs are terriers lol and of no use if someone did come in they were more likely to leg it through an open door or get tripped over - but the bailiffs weren't to know that were they??!!






What did happen with this case? Poor dogs must have had indigestion.......... though it has produced more pleasing mental images lol

Terriers can give you a nasty nip. No doubt the bailiff had a tetanus jab. Surely, the two dobermans were given anti-rabies jabs to protect them after biting the bailiff! LOL!