If a bailiff is asked to leave before they have levied, do they have to?

[Sir Vere Brayne d'Emmidge]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Taking the thread back to topic:

It is an offence to block someone's driveway, thereby preventing them from driving out onto a public highway. The offence is under the Highways Act, It will depend on just how idiotic a bailiff has been, whether anyone's safety has been compromised and a number of other factors, as to whether the bailiff's actions amount to Wilful or Unnecessary Obstruction of the Highway. What would be poetic justice is if the fire and rescue service were on their way to a fire and had to move the bailiff's van out of the way by ramming it with the fire truck. Not only would the bailiff possibly get a ticket for Impeding An Emergency Vehicle, but any damage caused to the van by the fire truck ramming it is unlikely to be covered by the bailiff company's motor insurance and they would not be able to claim from the fire and rescue service. The fire and rescue service can legitimately cause damage to a vehicle in order to move it in order to facilitate access to the scene of a fire or other incident they are attending.

As to your specific question, it would depend on the reason the bailiffs were at your home. If they have no lawful reason to be there, you are within your rights to ask them to leave.

The Highway act only applies if the obstructing vehicle is on the Highway, as you can read from the original post the bailiff van was parked on the defaulter's driveway.

Specifically, if they are on your driveway blocking your car and have not written out a Form F7 and are not in the process of writing, should they leave if you ask them to? Thanks.

In conclusion, you can ask the bailiff to remove his vehicle from your drive, but if he/she refuses there is not a lot you can do about it (unless they force entry by breaking a lock on a gate, which in the case of a liability order is not permitte), because, be it a Warrant of Execution or a Distress warrant or a Liability Order the bailiff is instructed to seize goods to the value and sell them at auction if money owed is not paid. The way to seize a defaulters goods is to be n the premises, one can not seize at a distance. the bailiff must be able to touch what is intention of seizing and place a marker on it (read clamp).

The fact that at that point no clamp was applied and no form 7 was filled in up to a certain point are semantics. Assuming that outside your house there was a nice big fat ride-on lawnmower, the only way to be able to seize it would be to put a motorcycle chain on it in such a way that it can not be moved easily, then the bailiff must list it by giving a general description (Make, colour and Model) but also by writing down the serial number of the engine chassis, so, as a matter of Health and Safety, it makes sense to immobilize it before starting to lift seats and bonnetts to find the manufaturer's plate.

Anyhow, it was interesting reading the non relevant posts and watch the thowing of handbags and handgranades!

[labman]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Excellent post Sir Vere, thank you. :beagle:I think a lot of this boils down to the fact that the bailiffs do have a job to do whether we like it or not, whether we like what some of them do or not etc... We also have to face the fact that people do not have bailiffs there for no reason. I didn't when I had them at my house for four liability orders - although I hadn't got the money to pay them, it was technically my fault they were there.

We try our best here to make sure they do that job within their prescribed 'boundaries', but equally we have to be realistic, and this is where we're lucky to have Sir Vere. He's been there doing it, and I have no doubt he was one of the professional ones. He brings the reality we need to these threads. Unsurprisingly, when you read that reality, it is pretty much backed up by the bits of legislation cited over the course of this now fairly extensive, but interesting, thread.

Now we know the Form 7 was left, really this person appears to have done not a lot wrong. If he had, believe you me I'd be on his back and screaming the house down, as those who know me know.

[Amethyst]

Re: If a bailiff is asked to leave before they have levied, do they have to?

Okay, that's the end of the argument. Misquoting people and calling one another names is beyond childish and helps NO ONE so I am closing this thread and removing the insults.

Edit:

11 posts removed after post #122.

It is a shame because a lot of effort and time has gone in to writing the posts and I'm sure there was some useful information amongst it, but lost completely because you can't stop sniping at one another.

If anyone wants to shake hands and agree to disagree and go back and edit your posts to remove the insults then I will reinstate them to allow you to do so, but the thread will remain closed.

I believe TVJonesClassic has started an alternative thread as the answer to the question was reached long ago.

PM's most welcome.