BAILIFF What they CAN and CAN NOT DO - POLICE AND BAILIFFS

Bailiffs mislead, bully and intimidate you into thinking they have power, but they do not! What should you do if Bailiffs come knocking at your door, can bailiffs force entry and what can bailiffs take? ANSWER: The simple answer is, no they cannot force entry. Do not let them in! If you have to you can even shut the door in their face. Whatever you do, do not let the Bailiffs in. They may say, they have the power to enter the property; entry cannot be made via intimidation, threats, harassments, aggression, bullying or pushing you out of the way or other, entry can only be made in a peaceful way. You must close the door in their face. If they start to become a nuisance and knock again or call around twenty times in the day, call the Police because they are harassing you. Now Bailiffs cannot harass you, Bailiffs cannot simply walk into the property unless you invite them in. Therefore, whatever you do if Bailiffs come knocking on your door does not say, “Oh you'd better come in.” Now what you say is, “You'd better get lost” And close the door in their face. You can be as ignorant to them as you like. I'm not talking about being abusive but I'm saying literally,” Go away “or close the door. If you invite them in, they are then entitled to break in on future occasions. Do not invite them in. If you invite them in and you have locked cupboards and locked doors in the house, they can break those open to see the contents. Do not invite them in. Bailiffs cannot take anything that is essential to life. Now even the televisions deemed to be essential to life now. They cannot take your clothes, they cannot take the fridge or the cooker or the chairs, the furniture, stuff that you need to sit on. What they can take are luxury goods! However, they cannot take tools of the trade, and they cannot take your work's van unless it is on finance, finance from the company for which the bailiffs are at your home for, In which case they can take it back if the Finance Company wants it. WARNING though, you must keep doors and windows locked at all times and if you have a vehicle then make sure, you park it elsewhere. If you have Bailiffs knocking on your door, you might want to take some legal advice via Citizens Advice Bureau (CAB) or free hour advice from a Solicitor.

[montgomeryrichard]

A Bailiff's Access Rights (and removal of)
They have very little. You have far more Rights than they have.
Here is the template of a Notice of Removal of Implied Right of Access.
Here is the Case Law that goes with it (also note that a Bailiff CANNOT remove the "tools of your trade" OR "your means of transport" ABSENT the Verdict of a Jury):
A debtor can remove right of implied access by displaying a notice at the entrance [see the link, above]. This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but it also prevents a bailiff entering the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753

Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol Jo 483

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256.

Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77

Otherwise a door left open is an implied license for a bailiff to enter, Faulkner v Willetts [1982] Crim LR 453 likewise a person standing back to allow the bailiff to walk through but the bailiff must not abuse this license by entering by improper means or by unusual routes, Ancaster v Milling [1823] 2 D&R 714 or Rogers v Spence [1846] M&W 571

Ringing a doorbell is not causing a disturbance, Grant v Moser [1843] 5 M&G 123 or R. v Bright 4 C&P 387 nor is refusing to leave a property causes a disturbance, Green v Bartram [1830] 4 C&P 308 or Jordan v Gibbon [1863] 8 LT 391

Permission for a bailiff to enter may be refused provided the words used are not capable of being mistaken for swear words, Bailey v Wilson [1968] Crim LR 618.

If the entry is peaceful but without permission then a request to leave should always be made first. Tullay v Reed [1823] 1 C&P 6 or an employee or other person can also request the bailiff to leave, Hall v Davis [1825] 2 C&P 33

Excessive force must be avoided, Gregory v Hall [1799] 8 TR 299 or Oakes v Wood [1837] 2 M&W 791

A debtor can use an equal amount of force to resist a bailiff from gaining entry, Weaver v Bush [1795] 8TR, Simpson v Morris [1813] 4 Taunt 821, Polkinhorne v Wright [1845] 8QB 197. Another occupier of the premises or an employee may also take these steps: Hall v Davis [1825] 2 C&P 33.

Also wrongful would be an attempt at forcible entry despite resistance, Ingle v Bell [1836] 1 M&W 516

Bailiffs cannot apply force to a door to gain entry, and if he does so he is not in the execution of his duty, Broughton v Wilkerson [1880] 44 JP 781

A Bailiff may not encourage a third party to allow the bailiff access to a property (ie workmen inside a house), access by this means renders the entry unlawful, Nash v Lucas [1867] 2 QB 590

The debtor's home and all buildings within the boundary of the premises are protected against forced entry, Munroe & Munroe v Woodspring District Council [1979] Weston-Super-Mare County Court

Contrast: A bailiff may climb over a wall or a fence or walk across a garden or yard provided that no damage occurs, Long v Clarke & another [1894] 1 QB 119

It is not contempt to assault a bailiff trying to climb over a locked gate after being refused entry, Lewis v Owen [1893] The Times November 6 p.36b (QBD)

If a bailiff enters by force he is there unlawfully and you can treat him as a trespasser. Curlewis v Laurie [1848] or Vaughan v McKenzie [1969] 1 QB 557

A debtor cannot be sued if a person enters a property uninvited and injures himself because he had no legal right to enter, Great Central Railway Co v Bates [1921] 3 KB 578

If a bailiff jams his boot into a debtors door to stop him closing, any levy that is subsequently made is not valid: Rai & Rai v Birmingham City Council [1993] or Vaughan v McKenzie [1969] 1 QB 557 or Broughton v Wilkerson [1880] 44 JP 781

If a bailiff refuses to leave the property after being requested to do so or starts trying to force entry then he is causing a disturbance, Howell v Jackson [1834] 6 C&P 723 - but it is unreasonable for a police officer to arrest the bailiff unless he makes a threat, Bibby v Constable of Essex [2000] Court of Appeal April 2000.

Vaughan v McKenzie [1969] 1 QB 557 if the debtor strikes the bailiff over the head with a full milk bottle after making a forced entry, the debtor is not guilty of assault because the bailiff was there illegally, likewise R. v Tucker at Hove Trial Centre Crown Court, December 2012 if the debtor gives the bailiff a good slap.

If a person strikes a trespasser who has refused to leave is not guilty of an offence: Davis v Lisle [1936] 2 KB 434

License to enter must be refused BEFORE the process of levy starts, Kay v Hibbert [1977] Crim LR 226 or Matthews v Dwan [1949] NZLR 1037

A bailiff rendered a trespasser is liable for penalties in tort and the entry may be in breach of Article 8 of the European Convention on Human Rights if entry is not made in accordance with the law, Jokinen v Finland [2009] 37233/07

[HWK]

Shortly after i first moved into my flat a water bill addressed to "The current occupier" for over a thousand pound came through my door. My first thought was that cant be right, i better ring them up and let them know ive moved in so they can send me a bill for water ive used.

I phoned them up and explained i had just moved in and the bill they sent was too high, no doubt the previous tenants bill. My water company said that no problem Mr...? So i proceeded to give my details to set up an account.

When the information was exchanged they said "How would you like to pay your bill today, credit or debit card?" then i asked how much i owed and they said "All of it" They tricked me. Now im expecting high court bailiffs to turn up with locksmiths to take what little i have.

I always pay my bills but im not paying someone elses.

[sleepwalker]

I was in court. Judge left the room for recess. Every lawyer started talking. I said something and he told me to be quiet, don't stare at me. I was looking at him because he said something to me. I stared at him for 20 minutes after that. I had another tell me I could be held in contempt of court. I told him judge isn't present, and court is not in session. He was impersonating a judge.

[terenceogorman]

How can bailiffs go to a court without your knowledge and obtain a court order? They cant, according to law you should recieve a letter before action giving you the option to defend or admit the claim, The "WARRANTS: they claim to have are forged from Northampton Bulk Centre where they pay £65.00 to have these bits of paper stamped.

[mrobserver]

NEVER even open the door IF you want to speak to them do so through the letterbox or an upstairs window and ALWAYS video record the conversation. You don't have to give them any information or answer any questions they ask and unless you or another adult invite them in or you leave your FRONT door open/unlocked (they can't enter by any other way now BUT keep it all secured anyway) they can do absolutely nothing. Sign nothing - it's not legal anyway unless they have first achieved 'legal & peaceful' entry and they MUST do that in order to levy

[stunningworld]

very true, they have no power - never let them in - never talk to them - refuse implied right of access, always record them and post the footage on several platforms - if they abuse power they do not have then report them and request that their operating licences are taken away from the bailiff and the company he or she works for.

[Liam.]

A ballif came to my house and we ignored them and he parked outside the house blocking the drive.

[howey]

I have a sign on my front door that says "No appointment no answer" and thats what i do. If i dont know you or theres no appointment i ignore the door.

[commonlaw]

dont pay any bailiff and make sure they go empty handed. yes they have no poeers and are full of crap. Never confirm you're name or any other personal details and information.

[meggymegan]

Watching this because my sister is having bailiffs come back round and they said they would take a rabbit hutch, candle holder and a TABLE, AND CHAIRS THAT MY MUM GOT

[markguest]

Don’t open the door in the first place.

[Ukvideoclips]

Wise words. After you let the scum in, they have you.

[poccio]

They sound like vampires... If you invite them in once they can break in on future occasions... Lol WTF is that?

[frankdsouza]

Bear in mind that often, these Bailiffs and Process Servers LIE. For example, they will actually swear on oath that they have served a summons on someone IN PERSON, when in fact, they have never been anywhere near them. The Courts should debar them, but rarely if ever, is punitive action taken. On the contrary, more often than not, the juniormost judges choose to believe their perjury.

[lrdisco]

Don't open your door. Not rocket science.

[watsonjason]

if they break the door locks and window locks its a criminal damage they should be arrested for criminal damage and burglary bailiffs are breaking the law

[justsmashing]

I just had 3 edf bailiffs force entrance to a locked property I share and started hammering on my door (apparently looking for a electrical box and someone called Bill).
When confronted they said the had a warrant on a cellphone and where allowed to break in! (The warrant was to small to read when I tried to).

I phoned the police to report a burglary in front of them.
The police said “they have the right to break into the property” & went on to say I was being unreasonable! (what the fuck!?)

The edf bailiffs left having not found the box or the person Bill they were looking for (who doesn’t live here)...after breaking into a private residence.

IS THIS LEGAL IN THE UK?

[watsonjason]

its a good job my house is alarmed to stop them bailiffs breaking into my house i do turn on the alarm every night before i go to bed

[davidrobertson]

Can an SIA security guard search people on the street, search rooms people live in and can they grab someone for no good reason and can they evict under any circumstances ? Can they take property and steal or keep it ?
Please let me know

[bazzvid]

the Legal definition of 'goods' is something for sale .