Dealing With Bailiffs! Advice From Experts!

Dealing With Bailiffs!

If you receive a visit from a bailiff, it can be a very stressful time. If the bailiffs have turned up out of the blue, you can be shocked by their appearance. This often leads to people not knowing how to react or what their rights are with respect to what bailiffs can do in their property. It is worthwhile familiarising yourself with the various rights that a bailiff has and what your rights are when dealing with bailiffs. When anyone turns up at your property and you do not know them, you should always ask for some form of identification. This is good common sense and it may save you from trouble or difficulty. However, if you receive a visit from someone claiming to be a bailiff, you have the right to ask for a number of times.

Your Rights With Bailiffs!

You should always begin by asking for proof of their identity. After this, you should ask to see the original court order that states that you owe money. This is important and there is a chain of events that have to have taken place for bailiffs to be in a position to enter your property you should not be afraid to exert your rights with bailiffs. You should then be asking to see the authorisation that a bailiff has to take property away from you. If they are unable to present this, they are not permitted to take property from you and you can prevent them from doing so. In all instances, it is important to follow these procedures because it may help you make a complaint or defend a case at a later date. You should also ask to see proof that the bailiffs hold a certified bailiff certificate. All of these steps should be undertaken before you allow a bailiff access to your home. If you are not satisfied with any of the answers you receive or they are unable to provide documentation that satisfies you, you can refuse the bailiff entry to your home. Bailiffs need an adult to let them enter your home

One of the things to bear in mind about letting bailiffs into your home is that you do not have to do so unless they have been in your property before. You should bear in mind that the basic rule with respect to bailiffs is that they are not allowed to enter your property unless you let them in or another adult lets them in. You should be aware though that if a bailiff gains entry to your property without breaking in, this is permissible and is deemed as peaceful entry. Examples of this form of entry would be if they were to enter through a door that was unlocked or a window that was lying open.

What Can Bailiffs Take?

With respect to taking goods, there are a number of things that bailiffs are entitled to take time to familiarise yourself 'with what can bailffs take'. Firstly, any good that they take must belong to you or at least be jointly owned by you. There are also certain cases where cash or cheques can be taken by the bailiff. You should be aware that there are certain things which bailiffs are not permitted to take.

A bailiff is not allowed to take any property which belongs to a child and they are not allowed to take an item which is currently being paid for on hire purchase or on a conditional sale.

If you believe that a bailiff has acted inappropriately, you have the right to make a complaint against them. Reporting a bailiff to the police should be your first step and it is also possible to take bailiffs to court if you believe that their actions are unmerited or excessive.

When bailiffs come to your home, it can be a stressful time but it is important to remember that you have rights. Knowing these rights can help you to stay in control of the situation.

Click here for further advice and help on bailiffs rights.
Bailiffs And What They Do
Article looks at what a bailiff can and cannot do and what your rights are if a bailiff knocks at your door. To understand more about bailiffs rights, dealing with bailiffs, how to stop bailiffs or if you have been issued with a distress warrant visit Expert Answers and get solicitors advice.

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Specialist in Employment Law and General Law matters, specialising in Employment Law. Also wide expertise in General Law matters.


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