HMCS Baliff Order To Force Entry

[Deeplay]

Hi Last month I got a CCJ from my former landlord which I did not reply to. For moneys owed for the old flat I rented.

A bailiff called but I did not answer the door. Then today got a letter hand posted on HMCS headed paper saying :

TAKE NOTICE : That an order to force entry into these premises will be applied for to the district Judge and goods removed such as car / tv dvds
and any other electrical items/valuables to sell at public auction in order to pay this Warrant plus extra costs of £550 for arranging for transport to
remove the goods UNLESS FULL PAYMENT IS MADE WITHIN 5 DAYS OF THE DATE OF THIS NOTICE

Balance due into Court £1,756

NO FURTHER WARNINGS WILL BE GIVEN.
Signed Mr Pennington Baliff.

now this is a CC Baliff i called the number and someone said he can apply for forced entry to remove goods to the court.
I also called National debt line who said baliffs do not have the right to force entry. I have not let him in and wont but need to know is it possible for him to apply to a judge to force entry
to my house without my permission to remove goods ?

I dont have much just my TV and Labtop which i need for work but Im really worried. I know I should have replied to the CCJ form when it came through but didnt

Any advise would really be of help or info into what this county court bailiff can and cant do would be really appreciated

Many thanks

Dean

[gravytrain]

Re: HMCS Baliff Order To Force Entry

No there is no provision within the legislation to permit forced entry into your premises for the collection of this kind of debt.(unless you have let them in previously) They can impound your car though so move it out of the way.

They will probably say that they are sending for a van/ locksmith etc. but it is all designed to frighten you into paying money you obviously cannot afford. The threats have no substance.

[Deeplay]

Re: HMCS Baliff Order To Force Entry

No there is no provision within the legislation to permit forced entry into your premises for the collection of this kind of debt.(unless you have let them in previously) They can impound your car though so move it out of the way.

They will probably say that they are sending for a van/ locksmith etc. but it is all designed to frighten you into paying money you obviously cannot afford. The threats have no substance.

Hi thanks for the reply and confirmation of what they can and cant do. But surley they are breaking some law here ? I mean this Bailiff is employed by the HMCS and letter was on HMCS paper. Why do they allow this to happen ? Is there any place to make a complaint on this ?

I dont have a car. Have very few possessions and am going to dispute the debt anyway. But no way am I letting them in. I called today and a person in the office said they can apply for forced entry and will arrive with the Police to break down the door / locksmith and then charge me upto 350 quid for the service. Totally bemused by all this and this was the County Courts local bailiffs office who told me this!

[salsmoss]

Re: HMCS Baliff Order To Force Entry

Read the notice carefully deeplay, it says the order will be applied for, a typical bailiff threat to get cash within 5 days, scary isnt it, check my thread in bailiffs. Oh by the way is it the landlords house you are renting that he is applying for or your own.

[Deeplay]

Re: HMCS Baliff Order To Force Entry

Read the notice carefully deeplay, it says the order will be applied for, a typical bailiff threat to get cash within 5 days, scary isnt it, check my thread in bailiffs. Oh by the way is it the landlords house you are renting that he is applying for or your own.

Hi ok will read that thread thanks.And no its not this landlords house. I don't own the property but rent private through a different landlord or should I say lady. I mean the only 2 items I would need to protect are my TV / Labtop as the rest in the flat is not mine but listed as the landlady s and all of it is old furniture. But still I don't want him coming through the door. The actual debt is in question. But that's another complex issue Thank you for your reply's it really is appreciated.

[bizzybob]

Re: HMCS Baliff Order To Force Entry

If it's a furnished tenancy the bailiff can have very little, your lappy and TV would likely go nowhere near the bailiff fees let alone cost of removal and sale, bailiffs like to pretend a Berlingo is a 17 tonne pantechnicon and charge a van fee commensurate with hiring a lorry. In your case it ou;d be better to take copy of yourb tenancy agreement, and inventory of furnishings to the court to show there is no property of yours with any value for the bailiff to take, and any levy would therefore be unlawful.

[CleverClogs]

Re: HMCS Baliff Order To Force Entry

i called the number and someone said he can apply for forced entry to remove goods to the court.

What number did you call?

Was it a land-line or a mobile number?

Was it the number of your local County Court - which you verified by looking in the telephone directory?

Something about this just does not seem quite right...

[tattybogals]

Re: HMCS Baliff Order To Force Entry

if this is a debt owed to her Majesty customs yes they can force entry other than that no they cant unless you gave them "peaceful entry" at that address. if you gave him "peaceful entry" he HAS TO ARRANGE A TIME AND SUITABLE DATE TO GAIN ENTRY AND PUT IT IN WRITING AND YOU HAVE TO SIGN YOUR AGREEMENT (as if any one would SIGN IT LOL) if you break the 'date' then he can go to court AND YES HE WILL BE GIVEN THE RIGHT OF ENTRY. Bailiffs try all sorts of tactics to get you to let them in etc. just close doors and windows and open the door a little, DEMAND to see the court order/ warrant of execution, no warrant no deal, DEMAND to see his certification not just a name badge, no certification no talk, demand to see the amount hes asking for, no amount no levy. Bailiffs cant take pc's laptops or other data storage devices as it hold personal data and intellectual property. tv if its cash paid yep he can levy against it if you sign a "walking possession" after you've let him in which you wont!!!

[tattybogals]

Re: HMCS Baliff Order To Force Entry

thats total twaddle and should be treated as such

[pepsie]

Re: HMCS Baliff Order To Force Entry

This appears to be a civil debt arising from a ccj and as such the bailiff cannot apply to the Court for anything that remotely suggests a right to force entry, indeed he cannot even apply to requisition the toilet roll he needs to wipe his backside.

No need to plaster the notices alluded to by salsmoss throughput posts on the forum, all that will achieve would be to give the bailiff a good laugh.

Pepsie

[CleverClogs]

Re: HMCS Baliff Order To Force Entry

I'm more than slightly concerned about this bailiff using HMCTS headed paper on which to make his threats.

[pepsie]

Re: HMCS Baliff Order To Force Entry

I agree CC and hope the poster returns to enlighten us to the results of questioning the letter with the Court in question.

[bizzybob]

Re: HMCS Baliff Order To Force Entry

I'm more than slightly concerned about this bailiff using HMCTS headed paper on which to make his threats.

He is sailing very close to having his yarbles bitten off by a judge.

[Nibbler]

Re: HMCS Baliff Order To Force Entry

A complaint to the court manager of the County Court involved would be the first step I think?

http://hmctsformfinder.justice.gov.u...eaflets_id=254

[CleverClogs]

Re: HMCS Baliff Order To Force Entry

I agree CC and hope the poster returns to enlighten us to the results of questioning the letter with the Court in question.

Apparently, he called a number, but we don't yet know what number that was or, indeed, whether it was a land-line or a mobile number. It seems he spoke to someone in an office who said that the additional costs of forced entry would be "up to £350" whereas the letter stated that the costs would be £550.

He is sailing very close to having his yarbles bitten off by a judge.

One certainly hopes that it was not a bailiff directly employed by HMCTS.