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#550705 - 22nd Jul 2011 8:32pm bailiffs coming to a rented house
The_Monk Offline
Old Hand

Registered: 20th Feb 2011
Posts: 339
Loc: Rock Ferry
as many of you are aware we moved house but now there is bailiffs knocking and asking to speak to the owner of the house (asking for them by there name) but obviously they dont live here.

also there is letters coming saying it is from the bailiffs for our landlord.

can anyone tell us what would happen if they wanted to come into the house to remove things if its not the owner living here.

Also what would happen if it was the mortgage which wasn't being paid? would we just left homeless?

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#550715 - 22nd Jul 2011 8:45pm Re: bailiffs coming to a rented house [Re: The_Monk]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15985
Loc: New Brighton
If the mortgage isn't getting paid your house shall be sold under your feet and you and your possessions shall be flung out.
This needs sorting out but I think it will probably just be an old bill or summat that has been forgotten about.
_________________________


http://www.youtube.com/user/stetopop

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#550719 - 22nd Jul 2011 8:49pm Re: bailiffs coming to a rented house [Re: The_Monk]
TheDr Offline
Forum Master

Registered: 23rd Feb 2010
Posts: 2631
Loc: Wirral
Couple of questions here:

Can the bailiff enter the house? - Not without a Court Order

Can he take property that belongs to me for somebody elses debt? - No

Will he say he can? - Quite possibly

What if the police are called? - The police have ONE job, and I repeat ONE JOB in situations like this and that is to keep the peace, they ARE NOT there to assist the bailiff and all officers have now been given guidance cards to make this crystal clear to them.

What if they clamp my car? - Its YOURS, nothing to do with the debtor, tell them that if they don't remove it you will have it cut off and charge them for the removal and the time your car has been disabled.

Can they force their way in? - No, they can ONLY enter through an open door (or window), and a forcing past someone in the doorway or putting their foot in the door so you can't close it is unlawful.

Will I be made homeless? - If it IS the mortgage and they want to evict you the court has to send a letter to the address which will be for Mr A. Owner & Others. You would then know, you would be able to go to court to get the eviction put off whilst you find somewhere else or the mortgage lender can allow you some additional time (whilst paying rent to them) before you are evicted.

Does this mean I can take over the mortgage? - Not usually, it "can" happen depending on the equity but this is so rare take it as No.

If you need any more help just ask.

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#550733 - 22nd Jul 2011 9:05pm Re: bailiffs coming to a rented house [Re: The_Monk]
The_Monk Offline
Old Hand

Registered: 20th Feb 2011
Posts: 339
Loc: Rock Ferry
its half owned and half not as well.
never had this before with any place i have lived bloomin pain

thanks for the advice guys

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#550737 - 22nd Jul 2011 9:10pm Re: bailiffs coming to a rented house [Re: The_Monk]
brittone05 Offline
Member

Registered: 22nd Jul 2011
Posts: 81
Loc: United Kingdom
Am new here but wanted to say I agree with the previous poster

Bailiffs can only legally enter your property under 2 circumstances - that you invite them indoors ( in which case they can enter )or if they have a court order. If they have a court order, you are only legally obliged to allow entry to those named on the court order ( it will be named for the bailiff attending your property )

They cannot take anything in the property upon gaining a court order but you may be required to show them proof of purchase or ownership etc Although I would imagine that your tenancy agreement is a suitable document to show them along with ID to show that you are not the person they are looking for.

You should be able to ask them if this is a mortgage related incident - it could be something like council tax if they are county court bailiffs as opposed to a private bailiff firm who are generally appointed for private collections ( that is not owed to a council body )

If they call again ( or if you choose to contact them ), ask them for a contact number for the people they are representing so that you can also present them with relevant information sustaining to your tenancy etc

Just to reiterate to you that you are NOT obliged to allow them entry to your home and they are legally not allowed to persist on trying to gain entry - rented or not you can actually phone the police to have them removed if they refuse to do so and can't present a warrant of execution to you. they will tell you that they just want to chat etc - they can chat on the step and even asking them to step into the hallway gives them "permission" to come in and assess your property etc which you don't want them to do.

Don't let them bully you or feel uncomfortable - they should not still be hassling you if you have proven that you are not responsible for the debt. Have you informed your landlord of their presence?

Hope this helps a little xx


Edited by brittone05 (22nd Jul 2011 9:14pm)

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#550738 - 22nd Jul 2011 9:10pm Re: bailiffs coming to a rented house [Re: The_Monk]
_Ste_ Offline


Wiki Master

Registered: 7th Aug 2005
Posts: 15985
Loc: New Brighton
Good luck monk, don't leave it frown
_________________________


http://www.youtube.com/user/stetopop

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#550773 - 22nd Jul 2011 9:44pm Re: bailiffs coming to a rented house [Re: _Ste_]
free_spirit Offline
Smartchild

Registered: 19th Apr 2009
Posts: 452
Loc: wirral
normally the bailiff will ask to see proof of who you are and if you can prove (utility bills etc in your name and address) then that is usually the end of it with them contacting you..

no they cannot clamp your car..its yours not the debtors.

yes the landlord can have his house repossesed even with tennants, but you will not be tossed out in an instant, there are procedures that have to be followed legally.

contact the bailiff at the adress/phone number on letter and explain..

also maybe be worth a call to CAB..

good luck...

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#550777 - 22nd Jul 2011 9:46pm Re: bailiffs coming to a rented house [Re: _Ste_]
LippyBitch Offline
Newbeee

Registered: 26th May 2011
Posts: 33
Loc: Wallasey
Something similar happened to me only the baliffs weren't coming for my landlord but for a previous tenant who used a variety of names. I had to contact them all individually and send in a copy of my tenancy agreement. It was a pain but ultimately worth it as they then left me alone.

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#550811 - 22nd Jul 2011 10:36pm Re: bailiffs coming to a rented house [Re: The_Monk]
gypsyjune Offline
Forum Master

Registered: 22nd Feb 2010
Posts: 3312
Loc: birkenhead
Hello The Monk the other post are correct but if you did get evicted because of this the council would have to rehouse you ,But god knows what state the house would be in good luck anyways

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#550949 - 23rd Jul 2011 1:22pm Re: bailiffs coming to a rented house [Re: The_Monk]
Bench Offline
Enthusiast

Registered: 7th May 2011
Posts: 174
Loc: Bromborough
What Bailiff company is it?

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#551019 - 23rd Jul 2011 6:51pm Re: bailiffs coming to a rented house [Re: The_Monk]
dizdazdoz Offline

Wise One

Registered: 17th Jan 2010
Posts: 866
Loc: Here
One thing you DONT do let them in for any reason, even to prove YOU are innocent. I recall that there was a law that once they have been invited in they can force entry in future for the same debt. This may have changed but play safe and DO NOT let them in at all, when/if you go to get a utility bill to show proof CLOSE your door.

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#551176 - 23rd Jul 2011 11:38pm Re: bailiffs coming to a rented house [Re: dizdazdoz]
TheDr Offline
Forum Master

Registered: 23rd Feb 2010
Posts: 2631
Loc: Wirral
Originally Posted By: dizdazdoz
One thing you DONT do let them in for any reason, even to prove YOU are innocent. I recall that there was a law that once they have been invited in they can force entry in future for the same debt. This may have changed but play safe and DO NOT let them in at all, when/if you go to get a utility bill to show proof CLOSE your door.


This is true, to a degree, it's called gaining "peaceful entry", and as I said before can be through an open door/window (if a window is unlocked but closed, they can't open it, but can open a partly open one further) or they can be invited in by an adult (so if your child opens the door they can't come in).

Once they have been in they are allowed to use "reasonable" force to gain entry again, but if you have told them that the debt isn't yours and they don't belive you (as if they did they wouldn't be coming back) and they do break in then you are within your right to treat them as a trespasser if you are there and/or to report them to the police if you're not).

In general if there is any doubt they'll send it back to their client to check, if they go busting in and it's the wrong person, after being told it's the wrong person, they can quite easily have their bailiff certificate revoked.

Oh yes, they are allowed to break into sheds, they can also break into garages, but not if they're attached to the house. They can break into commercial property under certain circumstances and with a court order which states they can, but they can't do it if it has residential property attached. (Obviously I mean in general, the rules above still apply).

The reason they break in (after previously gaining peaceful entry) is to remove goods that they "seized" (but allowed you keep hold of but not dispose of) on their previous visit. Some bailiffs have claimed that they have "seized" goods after seeing them through a window or letterbox, writing a walking possesion order and putting it through your door. This worked well for a few years, but the High Courts overuled this and said that they couldn't have it just because they saw it through the window, that was not adequate, so if they try that one tell them to go forth and multiply.

With regards to vehicles, if the bailiff clamps a car that is not on the road not only does he need to be a registered bailiff but also to be the holder of an SIA card (which must be displayed on his person), if "someone at the office has one" or he tells you that "bailiffs don't need one" tell him that the minute he leaves you're going to cut his clamp into pieces, he'll then threaten you with the police, you tell him that without an SIA card it's an illegal clamping so go for it.

Many bailiffs are good guys doing a hard job, they know how far to push it and try to help the genuine ones, but some really are low-life bottom-feeding scum who will lie, cheat and bully people until they crack. No one, and I mean NO ONE likes to hand over their hard earned money for what we often see as "nothing" (I've seen 30 parking tickets sky-rocket into the thousands) but as long as you keep calm and play the long game it usually works out in the end.

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#551184 - 23rd Jul 2011 11:58pm Re: bailiffs coming to a rented house [Re: The_Monk]
diggingdeeper Offline

Wiki Guardian

Registered: 9th Jul 2008
Posts: 9548
Loc: Birkenhead
What extremes are they allowed to enter through an open window - if they used ladders would this be acceptable?
_________________________
In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

When the debate is lost, slander becomes the tool of the loser. Socrates

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#551201 - 24th Jul 2011 1:02am Re: bailiffs coming to a rented house [Re: diggingdeeper]
TheDr Offline
Forum Master

Registered: 23rd Feb 2010
Posts: 2631
Loc: Wirral
Originally Posted By: diggingdeeper
What extremes are they allowed to enter through an open window - if they used ladders would this be acceptable?


Simple answer, yes, even upstairs windows, and some bailiffs even carry folding/telescopic ladders in their vehicles for this purpose.

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#551206 - 24th Jul 2011 1:31am Re: bailiffs coming to a rented house [Re: The_Monk]
diggingdeeper Offline

Wiki Guardian

Registered: 9th Jul 2008
Posts: 9548
Loc: Birkenhead
Makes you wonder if picking the locks would be acceptable as well. Typical half-baked rules of what is allowed and what isn't.
_________________________
In a time of universal deceit - telling the truth is a revolutionary act. George Orwell

When the debate is lost, slander becomes the tool of the loser. Socrates

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