What to do when a bailiff turns up
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7/30/2019 What to do when a bailiff turns up http://slidepdf.com/reader/full/what-to-do-when-a-bailiff-turns-up 1/2 Don’t let him in. Don’t leave windows or doors open. He will walk in. Don’t let him in. Don’t physically or verbally abuse him in any way whatsoever. He will call the police and then trick his way into your house. Don’t let him in. Do talk to him through the letterbox or from an upstairs window. OK, it might be awkward and embarrassing, but you won’t lose your possessions. Open the door, he will put his foot in and that’s it, he is in. Don’t let him in. Do ask to see a copy of his ID and a copy of the warrant (have him put them through the letterbox). DON’T LET HIM IN. IF YOU HAVE A CAR, THEN HIDE IT A FEW STREETS AWAY OR 100% CHANCE THAT IT WILL BE CLAMPED. Never ... 1. Never open the door to a bailiff - speak through a window or letterbox 2. Never sign anything handed to you by a bailiff 3. Never phone a bailiff or his/her Head Office - do everything Recorded Delivery 4. Never admit the debt 5. Never verify your name or admit you are the non-payer Always ... 1. Always take a photo of the bailiff and his vehicle if possible 2. Always ask for his bailiff's certificate number 3. Always ask which court certificated him 4. Always ask for a full breakdown of his fees 5. Always ask who the creditor is (eg which council or magistrates court) Police and locksmiths By law, a certificated bailiff cannot threaten anyone with police arrest or locksmiths. Magistrates do not consider applications by bailiffs to break into a property. Only a police officer can have an audience with a magistrate and even a police officer must show reasonable grounds that your property is a hot-bed of criminal activity. If you’re not growing weed in your loft, don’t worry about forced entry. The bailiff can only force entry into your home when he has a magistrate court's distress warrant for non-payment of magistrates fines (i.e. NOT COUNCIL TAX OR PENALTY CHARGE NOTICES) AND when he has previously gained peaceful entry. If or when he comes back, there's a 99% chance that he won't have either a locksmith or a policeman with him. Talk to the bailiff through a door or window - NEVER let him in! Hold up the back of your mobile phone for him to see (it doesn't have to be a camera phone). "You are being video and sound recorded. Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004 does not apply to me as I have never previously granted you peaceable entry or signed a Walking Possession Order. I want to inform you at (say the time and date on your phone) that threatening a locksmith to gain entry is an offence under Section 25 of the Theft Act 1968 as well as sections 1- 5 of the Fraud Act 2006. Slide what you need to through the letterbox. If you're not off my property immediately, I am calling the police for burglary in progress with suspect still on the premises.
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Transcript of What to do when a bailiff turns up
7/30/2019 What to do when a bailiff turns up
http://slidepdf.com/reader/full/what-to-do-when-a-bailiff-turns-up 1/2
Don’t let him in.Don’t leave windows or doors open. He will walk in.Don’t let him in.Don’t physically or verbally abuse him in any way whatsoever. He will call the police and thentrick his way into your house.Don’t let him in.
Do talk to him through the letterbox or from an upstairs window. OK, it might be awkward andembarrassing, but you won’t lose your possessions. Open the door, he will put his foot in andthat’s it, he is in.Don’t let him in.Do ask to see a copy of his ID and a copy of the warrant (have him put them through theletterbox).
DON’T LET HIM IN.IF YOU HAVE A CAR, THEN HIDE IT A FEW STREETS AWAY OR 100% CHANCE THATIT WILL BE CLAMPED.
Never ...1. Never open the door to a bailiff - speak through a window or letterbox
2. Never sign anything handed to you by a bailiff 3. Never phone a bailiff or his/her Head Office - do everything Recorded Delivery4. Never admit the debt5. Never verify your name or admit you are the non-payer
Always ...1. Always take a photo of the bailiff and his vehicle if possible2. Always ask for his bailiff's certificate number 3. Always ask which court certificated him4. Always ask for a full breakdown of his fees5. Always ask who the creditor is (eg which council or magistrates court)
Police and locksmithsBy law, a certificated bailiff cannot threaten anyone with police arrest or locksmiths.Magistrates do not consider applications by bailiffs to break into a property. Only a policeofficer can have an audience with a magistrate and even a police officer must showreasonable grounds that your property is a hot-bed of criminal activity. If you’re not growingweed in your loft, don’t worry about forced entry.
The bailiff can only force entry into your home when he has a magistrate court's distresswarrant for non-payment of magistrates fines (i.e. NOT COUNCIL TAX OR PENALTYCHARGE NOTICES) AND when he has previously gained peaceful entry. If or when hecomes back, there's a 99% chance that he won't have either a locksmith or a policeman withhim.
Talk to the bailiff through a door or window - NEVER let him in!Hold up the back of your mobile phone for him to see (it doesn't have to be a camera phone).
"You are being video and sound recorded.
Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004 does not apply to me as I have never previously granted you peaceable entry or signed a Walking Possession Order.
I want to inform you at (say the time and date on your phone) that threatening a locksmith togain entry is an offence under Section 25 of the Theft Act 1968 as well as sections 1- 5 of theFraud Act 2006.
Slide what you need to through the letterbox. If you're not off my property immediately, I amcalling the police for burglary in progress with suspect still on the premises.
7/30/2019 What to do when a bailiff turns up
http://slidepdf.com/reader/full/what-to-do-when-a-bailiff-turns-up 2/2
I will also post off a Form 4 complaint today.
Go find an easier PIF (pronounced 'piff', which is bailiff lingo for Paid In Full) elsewhere.
This is the end of the conversation and is also my last one with you."
Example what a client did: http://www.youtube.com/watch?v=sBRbXOoYpFM
Also watch this: http://youtu.be/vXXIV-vdT1M
Don't hesitate to call the police - you pay them to keep the peace. If they fob you off withexcuses or say it's a civil matter, the police then commit an offence under Section 4 of theCriminal Law Act 1967. You can contact the Police Complaints people viahttp://www.ipcc.gov.uk/index/contact-us.htm for not looking into the threats, harassment andintimidation you have just received from the bailiff.
If he calls you on your phone:
"All my calls are recorded. I am putting you on notice that I intend to report you to the Officeof Fair Trading under section 40 of the Administration of Justice Act 1970, for harassment.
Furthermore, I will from this point on, only communicate with you in writing and any further texts or phone calls from you or your organisation will result in criminal proceedings being brought against you or your company under section 2 of the Harassment Act 1997. Pleasealso be aware that your Consumer Credit Licence will not protect you from prosecution; if anything, the removal of it will adversely affect your capacity to make a living.
I will assume that you do not fully understand what I have just said and so I urge you to seek independent legal advice on this."
