bailiffs - help!

[DonGee]

I've just come across this bit of advice below - does anyone know if this is true..

If you live in a flat

If you live in a flat, the bailiffs may have the right to break down your door once they?ve got in through the main entrance to the block. However the legal situation is not clear-cut, so if you live in a block of flats, get specialist advice if you know the bailiffs are coming.

You can get advice about dealing with the bailiffs from your local Citizens Advice Bureau.

[Cedges]

If you don't owe any money, even if they would have a right to 'force entry' if you did, then this would be breaking and entering and theft.

[DJKillaQueen]

I'm guessing you mean that if you live in a flat with a shared entry door....

Bailiffs do not have the right to force entry. They do have the right to enter through an open window or open door but if you don't open your door (and your windows are closed) then they have no right to force entry. What tends to happen if someone opens the door to bailiffs is that they will try and get a 'walking possession order' signed which would give them the right to force entry in the future if any agreement for payment is broken. So the message is, if you are expecting bailiffs, no not leave windows open and don't open the door to them. And vehicles can be seized by bailiffs in some circumstances....so park the car a few streets away too! Or pay the money you owe......if you can.

[cnn1951]

you should one not answer the door if they put a foot in they will come in and take things.

WHAT YOU CAN DO IS , MAKE SURE THE POLICE ARE THERE WHEN THEY COME , THEN PROVE WHO YOU ARE. if they continue to harass you go see citizens advice , remember never let them in .

[Damian H]

I don't know the legal position but if bailiffs attempt to remove goods when you have given reasonable evidence that you are NOT the person they have a claim aginst I would be inclined to consider that common criminality - theft, burglary, call it wha you will.

I would be inclined to dial 999 and ask police to attend as there is a burglary with intimidation and force (does that constitute aggravated?) being carried out.

[Huguenot]

Aggravated burglary is only when the burglar is carrying a weapon and is aware they have it.

[Huguenot]

I don't think you'd be able to hang burglary on a bailiff:

The intention to commit an offence (Theft, Grievous Bodily Harm or ,for S9(1)(a), Criminal Damage) , being an essential element of burglary, requires proof beyond reasonable doubt. For example, if entry is made to regain property which the defendant honestly believes he has a legal right to take, there is no intention to steal and the defendant is entitled to be acquitted. However, it has been held that a conditional intent to steal anything found to be of value is enough to satisfy this requirement.