Equita Bailiffs think I'm a previous tennant!

[abdigital]

Hi there. I've been having problems with Equita Baliffs in relation to a previous tennant who failed to make council tax payments. I've called them informing them that I'm not the person they are persuing however they quite rudely have stated that they do not believe me and that I need to fax them personal informatino relating to utility bills driving licence etc. Firstly I am not sending anyone personal information and secondly it's nothing to do with me so why should I anyway? I am fully up to date with my council tax and I do not understand why the bailiffs can't confirm with the Council (who are their clients!!) that I am now living at this address. We have had a lot of knocking on the door, and on one occasion my wife was in the house alone when she heard someone on our gravel driveway at the back of the house putting a set of alluminum ladders up against our fence!! I feel this accounts to harassment and when I asked Equita to check with the council to prove I now lived here there answer was "It's more complicated than that." I then realised that they were all muscle and no brain. Any help would be much appreciated.

[Ell-enn]

Hi there, this situation must be very upsetting for you. Have you contacted the council about this? I suggest you visit the council offices (take your own council tax reference no - shown on your bill) with any letters you have from the bailiff company and inform them of the harassment you have endured. Insist that they contact the bailiffs while you are there to confirm you are indeed telling the truth. You should then ask for this to be confirmed in writing to you. It is the council's responsibility to ensure that bailiff companies they employ act reasonably.

 

Kind Regards

 

Ell-enn

[Intruder08]

We have had a lot of knocking on the door, and on one occasion my wife was in the house alone when she heard someone on our gravel driveway at the back of the house putting a set of alluminum ladders up against our fence!!

She should call the police and declare a burglary in process! The person putting up a ladder might not be from the bailiffs, and if they were; (i) the police would help sort out the matter and (ii) the bailiff would look stupid and might be a bit less cavalier in future.

 

If someone knocks on the door and you open it, they can force their way in but they can only seize property belonging to the person they are chasing. Give them reasonable evidence that none of the property belongs to that person, and if they become bullying or unreasonable in any way, call the police. I'm not sure what you would ask for but I've found this website useful before:

http://www.askthe.police.uk/

It maybe that the police recommend you get their bailiff or court order number and phone a freephone before opening the door?

[davethorp]

If someone knocks on the door and you open it, they can force their way in

 

Errrr since when? They can only gain peaceful entry and that does not include forcing their way past someone standing in the door

[Intruder08]

Semantics?

From a quick google:

"The power to force entry in connection with unpaid fines imposed for criminal offences exists by way of Schedule 4A of the Domestic Violence, Crime and Victims Act 2004. These provisions gave powers to civilian enforcement officers and approved enforcement agencies to use reasonable force to enter and search premises, without the need for further prior judicial authority before doing so, for the purposes of enforcing warrants of arrest, committal, detention and distress issued against those who have defaulted on payment of criminal fines enforced by the magistrates' courts."

 

I thought it was common knowledge that they weren't allowed to break in, but if they find an open window or door they were allowed to use reasonable force to enact the court order? I'd love to know if this is wrong though.

[davethorp]

They can certainly gain entry through an open door or window but they cannot force their way past someone blocking a doorway (or at least if they do they leave themselves wide open to assault and probably other charges).

 

If the door is unlocked and the bailiff opens it and enters themselves thats fine but it's very different to pushing past someone. I've blocked the door to bailiffs before and simply told them they cannot come in. They soon leave once they realise you know what they can and can't do. These days I just don't answer though as its a lot easier

[Intruder08]

It is semantics, I think, it's probably hard to describe an acceptable level of force that can't be construed as violent - ie pushing past someone would be both acceptable and unacceptable depending upon how aggressive the 'pushing' is.

 

I'd say pushing past someone, as opposed to pushing someone, would be considered reasonable force if there was enough room to get by. In which case, standing in their way would be deterrent - provided, of course, that you're big enough. If you do end up with a potential (minor) assault it'd be impossible to prove what actually happened without evidence, so if they are in any way bullying or acting unreasonably it'd be sufficient reason to call the police.

 

I agree knowing what they can/can't do is essential - finding this conclusively out is of course the difficulty.

[abdigital]

Well I'm not even the person they are trying to claim money from so they have no right to push past me anyway.

[postggj]

having had no problems with baliffs, i like to ask a question

if you open the door and refuse entry

how does it stand with foot in the door-crossed threshold claim

[robin9342]

"foot in the door" is a myth. A bailiff must use peaceful entry. A foot in the door is a well known, but unlawful favourite bailiff tactic.

 

A bailiff cannot push past you at your door. The strength of the push is irrelavent. Neither can the bailiff "sneak around" you at the door.

 

However, just because they are not allowed to does not stop many bailiffs, because as we all know most of them are lying, bullying scumbags.

[ScarletPimpernel]

Why not write to the council (who will be able to see that you are now the Council Tax payer) making a formal complaint about the bailiff, and demand that they call them off. If necessary, speak to a local councillor, or your MP's constituency office.

 

I suspect that a letter to Equita will have more effect than phone calls. I would be very clear that you are not prepared to send them private documentation, and that they can easily check the records with their client. Should you be in the situation where you need to take this further, such as calling the police, you will then have proof that you have informed Equita of the situation - and that they failed to act on it.

[Intruder08]

It does seem I am wrong about how much force a bailiff can use - ie they cannot use any force at all, only guile. (Of course they can do what they think they can get away with).

 

Interesting to note though that it seems once a bailiff has accessed a property peaceably they can use force the second time. Perhaps this is where the confusion lies - they are allowed to force their way in once they get over the threshold.

 

I'm not sure how you'd resolve a situation where they have a foot in the door. Let go of the door and they can walk in. If you attack their foot you are opening yourself up to assault. You could wait it out but that might not be an option if you have an appointment or unattended children/cooking/whatever. Even getting to the phone would allow the bailiff to gain peaceable entry?

[patdavies]

I'm not sure how you'd resolve a situation where they have a foot in the door. Let go of the door and they can walk in. If you attack their foot you are opening yourself up to assault. You could wait it out but that might not be an option if you have an appointment or unattended children/cooking/whatever. Even getting to the phone would allow the bailiff to gain peaceable entry?

 

 

The foot in the door method is not classed as peaceful entry.

 

You are, in common law, allowed to use reasonable force to remove the foot.

[IdaInFife]

Also if you go the baliff forum. Tom can check the balliff for you as well.

 

 

Imagine if the balliff was uncertified and hounding the wrong tennant

 

 

Maybe a mod could move the thread there !

 

 

idax

[demon_x_slash]

The foot in the door method is not classed as peaceful entry.

 

You are, in common law, allowed to use reasonable force to remove the foot.

 

That doesn't include using an axe