Bailiff (HCEO) visit

[teaboy2]

Re: Bailiff (HCEO) visit

Sorry but i do not see where it allows a bailif to enter either peacefully or foreceably on to property of a legal entity that is not and whos property is not the subject of the writ (warrant or distrass order) - All it says is they are entitled to execute in regards to goods belonging to the debtor, but nothing about if the goods are not on a different property and only believed by the bailiff to be the actual debtors goods.

Surely if the address is the only address on the warrant/distress order than the bailiff only has the courts permission enter that address and not to enter the property belonging to an address of a seperate entity that is not subject to the warrant of distress order!

Would the police have permission of the court to enter a property by force to search it if it was not the address that was subject to said warrant? No they would not and would face having to pay damages if they did, no doubt!

[ploddertom]

Re: Bailiff (HCEO) visit

A good reference for this can be found in John Kruse's book The Law of Seizure of Goods, p123 - 7.3 - Place.

Too much to list without falling foul of copyright. Would be unfair to try and condense it as would leave some meanings open to misinterpretation, particularly the reference at 7.3.3 Third Party premises.

[teaboy2]

Re: Bailiff (HCEO) visit

A good reference for this can be found in John Kruse's book The Law of Seizure of Goods, p123 - 7.3 - Place.

Too much to list without falling foul of copyright. Would be unfair to try and condense it as would leave some meanings open to misinterpretation, particularly the reference at 7.3.3 Third Party premises.

Any link to this on the web?

[labman]

Re: Bailiff (HCEO) visit

You beat me to it PT, I was just about to quote exactly the same bit of the same book. Good reading - I always learn a lot every time I read this book.

One thing which I don't see having been asked, which is important - I may have missed it skim reading through the entire post again - Has the OP asked to see the writ to see what address is on there?

There is a post which hints that his home address is on there, but s/he actually needs to ask to see the writ so it is clear.

[teaboy2]

Re: Bailiff (HCEO) visit

I agree labman we need confirmation of the address on the writ!

[labman]

Re: Bailiff (HCEO) visit

Any link to this on the web?

I bought it off Amazon, it was the cheapest place then. It is aimed at legal practioners advising those facing enforcement of debts by bailiffs. Also got his book 'Bailiffs - The Law And Your Rights' which I find a handy quick reference guide.

A further two excellent books of his are his Law Guides Vols. 1 & 2.

[teaboy2]

Re: Bailiff (HCEO) visit

cheers mate will have to have a look for copies myself

[charitynjw]

Re: Bailiff (HCEO) visit

This might be of use

[labman]

Re: Bailiff (HCEO) visit

Thanks Chaz - taken from that guide (and trying to ignore the fact the lion's tail looks like its weeny :

The address for enforcement
It is the duty of the HCEO to levy upon the defendant’s goods wherever they may be
found (within England & Wales). This will often mean that the HCEO will visit an
address not detailed on the writ. The writ address is merely an “endorsement” due to
the fact that the address for enforcement may be altered at any time as the creditor
may direct.
Residential premises
The HCEO may climb a perimeter wall or fence to gain entry to the grounds of the
property. They can then enter where a door or window is open, opening further to aid
entry if required. They may also use the door handle to gain access when the door is
unlocked but may not open a window that is shut.
Once inside, they may also break down the inner doors of the property to seek the
goods of the defendant. The HCEO may not be forcibly ejected; however, if they are,
they can now force re-entry back into the property.
Furthermore, they may force entry to a garage, outhouse, stables or barn providing it
is not physically attached to, and form any part of, the residence.

[Guest]

Re: Bailiff (HCEO) visit

Many thanks C
Very informative

[Guest]

Re: Bailiff (HCEO) visit

Sure we have all seen this from the above guide but just for completeness.

Director’s home addresses
The HCEO may visit the home of a director of a limited liability company if they
believe that goods of the defendant may be located there. This could be company
vehicles or home office equipment (computers etc). However, they are bound by the

rights of entry as per residential premises above.

Peter

[Hurricane Puffrose]

Re: Bailiff (HCEO) visit

what does that mean?

sorry im a bit daffy... does that mean we can help Ozzler?

[Guest]

Re: Bailiff (HCEO) visit

This might be of use

what does that mean?

sorry im a bit daffy... does that mean we can help Ozzler?

IMO

It means that as PT and Labman say the Bailiff had a perfect right to call on the OP home address, as long as they did not try to force entry to the main residence.

The items siezed are innapropriate as also said and should be challenged.

Peter

[labman]

Re: Bailiff (HCEO) visit

Agree 100% Peter!

[labman]

Re: Bailiff (HCEO) visit

what does that mean?

sorry im a bit daffy... does that mean we can help Ozzler?

Has the Stay of Execution been applied for yet?

Here's the link to the form again:

Bailiff Stickies - Useful Links

No7 Form N244