What to do when bailiffs visit

What to do when bailiffs visit

Postby thebronze » Fri Jun 26, 2009 4:23 pm

Hi everyone, I'm new to the forums but i'm not new with dealing with bailiffs (to my eternal regret). I've already used some information from these pages so I thought it might be best to put something back in. I hope this information I provide is in keeping with the spirit of the forum and if I can help at least on person then it's job well done! This post was inspired by a question asked by rainbowfire who was worried about how to deal with bailiffs should they turn up on your doorstep, I was going to post it as a reply but I thought it's a bit lengthy and it might be useful should anyone else find themselves in the same predicament.
If the moderators feel that any of this information is inappropriate for this forum or it's in the wrong place please let me know, and I will remove it straight away.

I'm by no means a 'legal eagle' of any sort and i'm just coming to grips with common law with the help of these pages, but from what I have read there has been a few mentions of what to do when the bailiff comes a knockin'. So I thought I would put together a few bits of information that may prove useful when dealing with parasites.

I know how people feel when debt collectors/bailiffs visit the home or notice is given that they will visit your home. Me personally, against everything I know to be true, self doubt creeps into the equation when parasites turn up to your door unannounced and mob handed. Parasites prey on the ignorance of the people they come to visit and it is the only tool in their arsenal.

The information below is from my own knowledge, experience and shit i've researched on the internet, but I have used various sources on 'tinternet to guarantee it's accuracy:

Debt Collectors & Bailiffs

1. Debt collectors and bailiffs are NOT the same thing. A debt collector is employed by a debt collection agency and DO NOT have the same power as a bailiff. A debt collector CANNOT enter your home and start taking your shit. EVER.
If a debt collector harrasses you or if they threaten you, tell them to fuck off. Simple. My old method was to threaten them with physical violence, but that was the old me, and i've mellowed now i'm older. Plus i'm not as big as I used to be :mrgreen:

2. A bailiff is used when a warrant of execution is issued by the county court to help recover the debt. However, if a bailiff comes knocking you DO NOT have to let them in, I had a bailiff turn up years ago with plod in tow telling me I HAD to let him in. If you find yourself in this position, don't be worried at all. The plod turn up to ensure that there is no breach of the peace, not to enforce payment of a debt.
a. A bailiff cannot force entry into your home by pushing past you, sticking his foot in the door, drilling locks or any other method. They can enter your house through an open window, unlocked door etc. However, a bailiff can break into your house if you owe money to HMRC (provided they have a magistrates warrant) or if you have unpaid magistrates fines (the government MUST get THEIR money under any circumstances!). I believe to that end there are two types of bailiffs, a certified bailiff (collect the fines) and county court bailiffs (the ones who want to take all your shit).

Dealing With Bailiffs & Debt Collectors

I had dealings with a pretty aggressive debt collector a few years ago who wouldn't leave no matter how politely I asked him, now I am a patient man but I have a very short fuse. I threatened to throw the fucker down the stairs, to his utter surprise which ultimately led to his swift departure. Strangely I never heard a thing from them again. A friend of mine who used to work in the industry told me that some collections agencies won't collect from 'aggressive' debtors. I can't vouch for the accuracy of this, nor do I recommend you it, nor can I guarantee that they won't sell the debt onto another company and send a big fucker round, so be warned :grin:

I know from stories I have read and stories that go around that parasites will try some pretty underhand tactics to get their money.
Please remember, and I can't stress this enough YOU DO NOT HAVE TO LET THEM ENTER YOUR PROPERTY, regardless of what they say.
Bailiffs acting for a mortgage company or landlord can get a county court posession order to evict you and can break in, so if your in this position you will probably need to speak to someone who knows about about that sort of thing.

Bailiffs have been known to make a walking possession order just be looking through your window (a walking possession order makes a note of all your kit for later sale) and post it through your letterbox to sign. DO NOT sign this. Keep it safe, especially if the idiot signed it as this is an illegal levy. For a walking possesion order to be valid a bailiff must enter your property by peaceful means (don't let them in).
A good trick used by bailiffs is telling you they can conduct their business on your doorstep to try and shame you into letting you in (so your neighbours won't find out you owe money). Fuck 'em. I have been in debt in the past and i still owe a bit of money now. I'm not ashamed of it and neither should you be.

Please note, if a bailiff has made peaceful entry for a walking possession order, he can come back at anytime and remove your belongings, and break into your house to do it.
A bailiff & debt collector are not your friends, but they will try every social engineering trick in the book to try and get access to your home from using the phone to 'borrow your toilet'. Do not let them. Ever. Ever.

What They Can & Can't Take(based on the assumption they have got in)

Bailiffs can take non essential items like some items of furniture (the sites i've been to, directgov, consumeractiongroup, and various others are sketchy on the details of this particular item) your TV, your playstation (god forbid!), etc, anything of value outside your property and they can also take your car (unless it is subject to a HP agreement).

What they can't take:
They can't take your cooker, fridge, clothing, your bed, most furniture (still sketchy), and reasonable tools of the trade. Like I said at the start of this post, i'm new to common law so perhaps someone with a bit more knowledge might be able to decipher that what bailiffs can and can't take is set out by statute (law of the high seas? :puzz: )

They can also not take anything that does not belong to the person named on the warrant so anything belonging to your wife/girlfriend/boyfriend is a no no (however proof of ownership is required later, after they have seized your stuff), so if anyone is worried that a bailiff might turn up to take your car - sell it to your better half!
Also, did you know that you can hide your belongings? You certainly can. You can't hide it after a walking posession as it no longer belongs to you, but if your worried about ANY bailiff coming to kick your door in (more for a certified bailiff), you can hide your shit with your neighbour and there is fuck all they can do about it.

I hope i've covered everything but i've probably missed some things so if anyone notices any omitions or mistakes please let me know. I've been up reading on this forum since I started work last night at 7pm, and as I've been helped already i'm eager to give something back.

If anyone has had problems with parasites knocking at your door and this helps in anyway. Fantastic!

Again mods, please take this post in the spirit it was intended. I'm new to all this!
If you can't change your groove, then roll to another rhythm.
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Re: What to do when bailiffs visit

Postby BaldBeardyDude » Fri Jun 26, 2009 4:32 pm

NO, good start, Bronzy, m8. Keep it up. :yes: :wink: :mrgreen:
They must find it hard to take Truth for authority who have so long mistaken Authority for Truth - Gerald Massey
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Re: What to do when bailiffs visit

Postby mOz » Fri Jun 26, 2009 4:49 pm

thebronze wrote:had dealings with a pretty aggressive debt collector a few years ago who wouldn't leave no matter how politely I asked him, now I am a patient man but I have a very short fuse. I threatened to throw the fucker down the stairs, to his utter surprise which ultimately led to his swift departure. Strangely I never heard a thing from them again.
:clap:

thebronze?
More like the "Bronson" (of the Charles variety) :yes:

Can't really fault your approach. Some folk just do not understand polite.
DC is an awful racket, hell who'd wanna do that job?
Unless it was reclaiming all the stuff our mp's stole!

Peace and good post!

mOz
They said "The world may end in 2012''
They said " The NWO has a depopulation agenda"
I said "Pigs may fly"
Then swine flu...........

mOz (July 2009)
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Re: What to do when bailiffs visit

Postby thebronze » Fri Jun 26, 2009 4:59 pm

I'm just glad I can help! It's bed time for me shortly, but I will try to find out more. Specifically what they can and cannot take (because they certainly won't tell you), should the unthinkable happen and they somehow worm their way into someones house.

I'd like everyone to be in posession of all the facts just in case it happens to them. I'm not too sure about debt collectors (yet), but i'm sure a bailiff can (legally, lol) turn up on your doorstep at anytime day or night (unless he's collecting rent then it's between sunrise and sunset) to try and gain access to your home. If the majority of people are like me who aren't in full posession of all their faculties unless they've had a few hours to wake up, a coffe and a fag :mrgreen: you could be caught off guard (if you don't know your rights) by a sneaky bastard, then you've got problems.

Night all!
If you can't change your groove, then roll to another rhythm.
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Re: What to do when bailiffs visit

Postby kevin » Fri Jun 26, 2009 5:36 pm

thebronze wrote:Again mods, please take this post in the spirit it was intended. I'm new to all this!


We'll take it in the spirit it was intended alright, telling them to fook off.

Excellent, thank you for sharing with us, first hand knowledge is always good, i'm sure this will be very useful and comforting to people.

If you have any more info please edit the first post so it's all together, thanks again :shake:
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Re: What to do when bailiffs visit

Postby booibooi » Fri Jun 26, 2009 6:34 pm

[quote="thebronze"]I'm just glad I can help! It's bed time for me shortly, but I will try to find out more. Specifically what they can and cannot take (because they certainly won't tell you), should the unthinkable happen and they somehow worm their way into someones house.

They can take my foot up their asses :yes:
''you have to learn the rules of the game.
And then you have to play it better than anyone else''

Albert Einstein
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Re: What to do when bailiffs visit

Postby 1965freeman » Thu Jul 09, 2009 5:08 pm

OK here's an idea.
If you are threatened by a visit from the bailiffs:

Sometime before they visit (I assume you get reasonable notice of their arrival date) why not simply sign over possession of EVERYTHING in/on your property to a trusted friend. Preferably one who lives a long way away - abroad in a different time zone would be best. (this can include your car, for as the DVLA are so keen to point out on the V5 'the registered keeper in not neccessarily the owner').
This could be done by way of a simple, signed declaration in front of a solicitor (it will cost you £5). You keep a copy and simply hand it to the bailiff on his arrival. THEY CANNOT TAKE SOMETHING WHICH DOES NOT BELONG TO YOU. -The business of 'walking possessions' etc simply do not arise. You have a lawful (and legal) document that proves you DO NOT OWN ANYTHING!

If they turn up with the police, then immediately make sure that the police understand and agree that you know their 'powers' are limited to simply 'preventing a breach of the peace' . Then inform the police that should the bailiff attempt to enter your property without your express WRITTEN permission (why would he, as you no longer own anything?) you WILL DEFEND yourself and your house (private property) using any reasonable force. (in accordance with the law).
"Come to the edge, he said. They said: We are afraid. Come to the edge, he said. They came. He pushed them and they flew.” (G.Apollinaire)
I do not offer legal advice, I offer common sense suggestions based on shared knowledge.
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Re: What to do when bailiffs visit

Postby rainbowfire » Sun Aug 02, 2009 8:26 pm

Wow, flattered that I inspired this thread ;)

I've got to say, the best thing is to be on a high floor in a block of flats with no windows that they can look through or get in, unless they can fly!
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Re: What to do when bailiffs visit

Postby huntingross » Sun Aug 02, 2009 10:54 pm

Thebronze....don't take this the wrong way but it had a confessional feel to it....

Thanks for the post, and I think a good idea to make it a post on its own merit.
Success nourishes hope
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Re: What to do when bailiffs visit

Postby holy vehm » Wed Oct 28, 2009 9:18 am

just to add to the post by 1965freeman, I did this a while back even before i had any problems with dca.
My understaning is that it has to be witnessed (by any upstanding member of the community) (another friend perhaps) and it has to be done before the DCA becomes involved.
They cant take any viehicle that is used for work, as this will restrict your ability to earn therefore you have no way of paying the debt ect.
I live in a rented property so no one can sieze that, my car is for work so no one can seize that and i rent from someone everything in the house at a peppercorn rent (you have to put some value on it for it to be classed as rented, mine is £1 per year). so no one can sieze anything accept customs/taxman.

Hv
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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