Dealing with Bailiffs
Commercial bailiffs, who will be sending you lots of letters, whilst rarely visiting your property; have far fewer powers than court bailiffs and can be sorted out with a few documents and a simply procedure.
First, print out this Notice of Removal of Implied Right of Access and laminate it, then place this notice at the entrance of your property. Should the bailiff ignore it he will be trespassing on your property.
If you receive a letter from a bailiff company, immediately send them the a version of the Notice below.
If you are expecting bailiffs to visit and you don't know who is at the door, then don't open it when somebody knocks. Ask, through a window or the mailbox (or just shout through the door) and ask who it is. If they reply that are from the Council or some other authority or body, ask exactly who they are and what their business is with you. If they are a bailiff or other undesired person, say, "Just a moment, please" and go out of the back door locking it behind you and go to meet them by the front door, taking with you a clipboard, a note pad and a camera.
If there is more than one of them, do the following for each person; ask them again, writing down all the answers, who they are employed by who they are an agent for. Ask to see their ID and write down everything on it - ask if they mind you taking a photograph of it and do so, then ask for the following:
- their bailiff's certificate number.
- which court certificated them.
- what their business is
- a full breakdown of their fees
- to see their warrant
- if they mind you taking a photograph of it and do so.
- if they have a Walking Possession Order; if so, ask them to hold it for you while you take a photograph. (Don't take hold of it if he offers it to you?)
- ask them to complete and sign for your records, the template letter confirming their attendance on your property. When completed, post it through your mailbox.
- ask if they saw the notice at the front gate - the Notice of Removal of Implied Right of Access
Take note if it has a court stamp and/or the signature of an agent of the court.
Take a photograph of them with your front door in the background.
Tell them politely and kindly that they have committed the statutory offence of trespass, because they have failed to comply with your notice and you will be pursuing damages in court.
If their warrant did not have either a court stamp or the signature of a court official or both then tell them politely and kindly that it is invalid and why.
Do NOT sign the Walking Possession Order or any other document offered to you by the bailiff.
Do NOT confirm your name or identity.
Do NOT admit the debt.
As they depart go with them and take photographs of them leaving your property (ideally with the notice in the background)
You then have the evidence to pursue them in the County Court and need to take a small claim against them.
If you are in the UK, follow this link for more information https://www.moneyclaim.gov.uk/web/mcol/welcome
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