Can Baliffs pick locks legally

Can Baliffs pick locks legally

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Discussion

surveyor_101

Original Poster:

5,069 posts

180 months

Wednesday 25th May 2016
quotequote all
Ok so peaceable means, does that involved picking locks.

An employee got a call from a neighbour to say someone claiming to be on offical court business, was working on her lock with a pick and tools

She left and dashed home and finds a guy trying to break in. Turns out he is a baliff locking for a previous tenant (our employee has lived there over 12 months). She has sent any debt letters back with no longer at this address. Apparently he was there to cease her goods. It was either council tax or catalogue debt she is not sure.

I am wrong in thinking unless high court with a HC Paperwork they can't force entry?

22

2,307 posts

138 months

Wednesday 25th May 2016
quotequote all
If a bailiff has previously been in the property and made a levy on goods (as security for a payment arrangement) they can then legally break in when there's a default.

surveyor_101

Original Poster:

5,069 posts

180 months

Wednesday 25th May 2016
quotequote all
22 said:
If a bailiff has previously been in the property and made a levy on goods (as security for a payment arrangement) they can then legally break in when there's a default.
Even if the defaulted party moved out over 12 months ago and the goods in the property are someone else's.

22

2,307 posts

138 months

Wednesday 25th May 2016
quotequote all
surveyor_101 said:
Even if the defaulted party moved out over 12 months ago and the goods in the property are someone else's.
The goods will have been itemised and they can only take what is listed - none of which would be present of course. You'd hope they get the message that the person is no longer living there, but returning post is what a lot of people faced with such activities do anyway, so may be ignored. They should have left a document (with further costs to the original person!) so why not get in contact with the bailiffs?

medieval

1,499 posts

212 months

Wednesday 25th May 2016
quotequote all
As soon as the legitimate owner produces proof of ownership or title then the bailiff has no right to sieze the asset as far as I understand - the bailiff would also be liable for any damage to the asset to which they have no right of claim also

22

2,307 posts

138 months

Wednesday 25th May 2016
quotequote all
medieval said:
As soon as the legitimate owner produces proof of ownership or title then the bailiff has no right to sieze the asset as far as I understand - the bailiff would also be liable for any damage to the asset to which they have no right of claim also
Why would they damage something they are probably going to sell at auction?

Mercky

642 posts

136 months

Wednesday 25th May 2016
quotequote all
22 said:
medieval said:
As soon as the legitimate owner produces proof of ownership or title then the bailiff has no right to sieze the asset as far as I understand - the bailiff would also be liable for any damage to the asset to which they have no right of claim also
Why would they damage something they are probably going to sell at auction? [/quote

Because most of them are cretins.

22

2,307 posts

138 months

Wednesday 25th May 2016
quotequote all
Mercky said:
Why would they damage something they are probably going to sell at auction? [/quote

Because most of them are cretins.
Based on? An old stereotype? Personal experience?

I think the days of them being thugs are long since over. I help set up an in-house team for a local authority and they were predominantly successful through being articulate rather than scary.

Expect most could use a simple quote button. hehe

4x4Tyke

6,506 posts

133 months

Thursday 26th May 2016
quotequote all
Not on their initial visit, they can after they already served a levy.

If they've tried to gain entry by lock picking on their first visit, then complain

https://www.gov.uk/your-rights-bailiffs/how-to-com...

fatjon

2,221 posts

214 months

Thursday 26th May 2016
quotequote all
22 said:
Mercky said:
Why would they damage something they are probably going to sell at auction? [/quote

Because most of them are cretins.
Based on? An old stereotype? Personal experience?

I think the days of them being thugs are long since over. I help set up an in-house team for a local authority and they were predominantly successful through being articulate rather than scary.

Expect most could use a simple quote button. hehe
Personal experience, most of the are utter cretins, and a very good proportion are not actually bailiffs when you check the register, they are debt collectors acting as thieves by pretending to be bailiffs and having it away with stuff with no legal authority whatsoever.

surveyor_101

Original Poster:

5,069 posts

180 months

Thursday 26th May 2016
quotequote all
4x4Tyke said:
Not on their initial visit, they can after they already served a levy.

If they've tried to gain entry by lock picking on their first visit, then complain

https://www.gov.uk/your-rights-bailiffs/how-to-com...
Don't know showed no paperwork however cask if he could be let in even after the lady had provided ID proving she was not the person named he was looking for.

Have dealt with 5 or 6 and they were all cretins.

medieval

1,499 posts

212 months

Thursday 26th May 2016
quotequote all
22 said:
Mercky said:
Why would they damage something they are probably going to sell at auction? [/quote

Because most of them are cretins.
Based on? An old stereotype? Personal experience?

I think the days of them being thugs are long since over. I help set up an in-house team for a local authority and they were predominantly successful through being articulate rather than scary.

Expect most could use a simple quote button. hehe
22 my point is that if they have no right to the asset, they will be liable for any damage caused and will need to recompense the rightful owner

surveyor_101

Original Poster:

5,069 posts

180 months

Friday 27th May 2016
quotequote all
medieval said:
22 my point is that if they have no right to the asset, they will be liable for any damage caused and will need to recompense the rightful owner
Not sure he could SEIZED her goods since he didn't have a schedule/ and or it would be totally different items he would of ceased. He did agree if she had not rushed home the stuff would of been gone.

Its a council property doesn't take any real rocket science to establish the party sought no longer pays rent to the council or council tax.


Edited by surveyor_101 on Friday 27th May 13:43


Edited by surveyor_101 on Friday 27th May 13:43

_dobbo_

14,393 posts

249 months

Friday 27th May 2016
quotequote all
Seized.

mph1977

12,467 posts

169 months

Friday 27th May 2016
quotequote all
22 said:
Mercky said:
Why would they damage something they are probably going to sell at auction? [/quote

Because most of them are cretins.
Based on? An old stereotype? Personal experience?

I think the days of them being thugs are long since over. I help set up an in-house team for a local authority and they were predominantly successful through being articulate rather than scary.

Expect most could use a simple quote button. hehe
unfortunately some of the 'big name' bailiff companies still employ utter twunts whose knowledge of the law is rather lacking ...

I suspectthe in-house were successful becasue they aren't commission only so had the ability to work their magic rather than try and bully their way into 'peaceable entry' under duress and then applying pressure and duress to get money

the knowledge and communication skills of the HCEOs in the various TV shows is refreshing if only all bailiffs and HCEOs were as professional.