TOMAS
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Registered: 7th Aug 02
Location: Nottinghamshire
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Crutey is about spot on.
I work as I High Court Enforcement Officer or Bailiff to you and I.
Any more questions? Simlple answer is if its a commercial property they CAN force entry but if its Private they CANT unless they have crossed the threshold before (litterally only need to have crossed the doorway).
We aren't all cun7s, only the horrible offices such as Drakes etc are.
The best approach is to treat defendants with respect and work with
them to clear the debt, not all debtors are evil bast4ards because they owe money. I do however meet the odd ones that like to play the game and tell stories, these are usually the ones that get hit hard and squeal about it after.
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TOMAS
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Registered: 7th Aug 02
Location: Nottinghamshire
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Send me U2U if your mate wants advice, what is the debt related too, is it acknowledged, how much is it and can they afford to pay?
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Crutey
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Registered: 14th Nov 01
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quote:
Originally posted by Edd
quote:
Originally posted by Crutey
Courts enforcement officers have more powers than the police!
no
Well the court enforcement officers i deal with have the ability to forcefully enter a property, without a warrant, simply on the suspicion a debtor is in the property, they have powers of arrest on no bails, etc.
Im not suggesting they are super police or somethin but they can certainly do things to get the job done that a police officer would not.
Although im not one and therfore am only passing on second hand info
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TNM
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Registered: 5th Apr 04
Location: Nottingham Drives: VW Tiguan
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watch out crutey edd knows every thing 
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damandblast
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Registered: 11th Sep 06
Location: Nottingham
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quote:
Originally posted by Gaz
Seth,
Just for a security reson i would go dig out as many recipts as you can possibly find for things you own of value that they would be willing to take.
OR
Move some objects until your mate is clear of debt... your log book will prove the impraza is yours from before the baliffs got hold of his/her name
This is seriously good advise. If they can't get the stuff (even accidentally) then you don't have the hassle of proving it's yours and fighting to get it back again.
Tell your house mate to get some help fast. If he/she is hoping it will go away by ignoring it, tell em it won't. It just gets worse. I know, cos I went bankrupt last year. lol Best thing I ever did too but thats another story.
Di
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Danny P
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Registered: 20th Nov 02
Location: Cleckheaton, West Yorkshire
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quote:
Originally posted by Crutey
Right im not a bailiff but i work in council enforcement, have bailiffs workin for me etc.
Basically if a bailiff attends they will request entry to your proerty which you are not obliged to give.
Once in ur house they will list belongings to the amount of the debt. This is called a levy.
They will then ask you to sign a walking possesion order which states if you do not discarge the debt these good are his. If he has a walking possesion he can demand reentry to your property.
As for cars, a bailiff can uplift a car to discharge a debt without the debtor present.
A bailiff can indeed only take goods from the debtor and no1 elses goods.
In terms of a car a bailiff would PNC a car before uplifting. With regards to goods in a property, they would generally presume goods belong to the debtor until proof is shown otherwise, i suppose being lied to is the nature of their job, if they took ppls word for it they would never get paid.
Generally i have found that the ploice and even solicitors dont really understand the laws surrounding distress, seems to only be ppl that deal with this stuff for a living who know the score.
I believe one of the main points raised by the bbc prog (not seen it yet) was about bailiffs charging for visits they have not made or letters they have not issued.
This i couldnt comment on as im not a bailiff.
The thing you need to bear in mind is that a bailiff gets commision based on what they collect, they are likely to say a lot of things that they cant do in order to get paid.
Im sure things like 'i will come when your not there and kick your door in' etc must get said in order to coerce payment.
And also one thing a lot of ppl seem to forget in documentaries like this etc is that not one person who has to deal with a bailiff is an innocent victim. If they had paid what they should when they should, he would not be knocking on their door.
Work for the Courts and deal with Bailifs on a daily basis and all the above goes for the Bailiffs we use
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Danny P
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Registered: 20th Nov 02
Location: Cleckheaton, West Yorkshire
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quote:
Originally posted by Crutey
Courts enforcement officers have more powers than the police!
Incorrect.
CEO's only have the power to arrest somebody )providing the have outstanding warrants) They dont have the power of entry unless a Police officer is present.
Thats how it is at the Magistrates anyways
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JadeM
Premium Member
Registered: 9th Feb 06
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So if its a private company you dont have to grant them access.........what happens if you keep telling them your not letting them in?? 
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Crutey
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Registered: 14th Nov 01
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quote:
Originally posted by Danny P
quote:
Originally posted by Crutey
Courts enforcement officers have more powers than the police!
Incorrect.
CEO's only have the power to arrest somebody )providing the have outstanding warrants) They dont have the power of entry unless a Police officer is present.
Thats how it is at the Magistrates anyways
To be fair things are different depending what they are enforcing and which court they are working for, and like i said im only passin on what ours have explained to me.
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Crutey
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Registered: 14th Nov 01
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quote:
Originally posted by JadeM
So if its a private company you dont have to grant them access.........what happens if you keep telling them your not letting them in??
You do not have to let anyone enter your property (cross the threshold) at all, bailiff or not, suppose unless they have a warrant saying otherwise. You never have to grant access to a bailiff but its always a good option to do so and be civil over it.
In my experience you can always get help.
Most of the time the heavy handed stuff comes after a long line of wilful refusal to pay on the part of the debtor.
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Edd
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Registered: 8th Nov 04
Location: Glasgow
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quote:
Originally posted by TNM
watch out crutey edd knows every thing
you're finally learning
[Edited on 28-09-2006 by Edd]
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TNM
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Registered: 5th Apr 04
Location: Nottingham Drives: VW Tiguan
User status: Offline
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quote:
Originally posted by Edd
quote:
Originally posted by TNM
watch out crutey edd knows every thing
you're finally learning
[Edited on 28-09-2006 by Edd]
You did prove that you knew nothing about this thread yet seemed to think you should comment with the wrong anwer.
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Edd
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Registered: 8th Nov 04
Location: Glasgow
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why was i wrong look back and you will see i was right
it is laughable to say a bailiff has more power than a police officer
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Crutey
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Registered: 14th Nov 01
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quote:
Originally posted by Edd
why was i wrong look back and you will see i was right
it is laughable to say a bailiff has more power than a police officer
Did i say Bailiff had more power???? Could have sworn i said Courts enforcement officer?
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Melville
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Registered: 4th Jun 03
Location: Newcastle upon Tyne
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Looks like they have taken Seth's computer as he hasnt been on since 
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TOMAS
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Registered: 7th Aug 02
Location: Nottinghamshire
User status: Offline
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Back to story, has your mate got help yet? The bailiff must be crazy
keep going back & trying to get in if he has been refused. I only
normally try twice and then give up at privates, on businesses I
go back as often as needs be, break in if we have to.
That programme other night didn't do me any favours, ppl now really
hate me whereas I have had a really good relationship with most of my debtors in past - give them advice & im on hand 24/7 if they need to ring me.
Once got a phonecall at 2am Sat night from a debtor whilst clubbing, was trying to shout advice whilst rather merry
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