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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69379
Experience:  Over 5 years in practice
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Bailiffs with an order Relating to a different address have

Customer Question

Bailiffs with an order Relating to a different address have come to my premises and have removed some items .How do I get an order to prevent them doing so again?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this. Why are the bailiffs after you?
Customer: replied 2 years ago.

The bailiffs are not after me .They represent my fathers landlords .


My father has recently Stopped trading due to excessive rent charges.


They have come to my shop(different address and location to my fathers and removed items . these items belong to me.


They refused to show me any court orders or documents.


Please send your answer to this email address(cateringlinedirect @hotmail.co.uk

Expert:  Jo C. replied 2 years ago.
Is this a commercial landlord matter please?
Customer: replied 2 years ago.

yes it is.

Expert:  Jo C. replied 2 years ago.
What are the items and can you prove ownership please?
Customer: replied 2 years ago.

They are various catering equipment and I can provide ownership.

Expert:  Jo C. replied 2 years ago.
Did you show that proof to the bailiffs?
Customer: replied 2 years ago.

No as I did not have it then( they came at 5pm to my shop and do not keep any paper work in my shop.) but I told them I can provide proof of ownership the following day.

Expert:  Jo C. replied 2 years ago.
Thanks.

What was the outcome of that?
Customer: replied 2 years ago.

Despite me and my accountants assurances they just ignored me .

Expert:  Jo C. replied 2 years ago.
Thanks.

That particular issue is simple enough to resolve. If the items belong to you and they have been seized then you can either seek an injunction forcing the bailiffs to return them at their cost or sue for compensation. Either way that should not be a particular issue. If you are not the debtor and the items belong to you only then you are entitled to be compensated. I imagine they are saying that your father has stored his property at your address.

The difficulty is what you can do to stop the bailiffs in future. Generally speaking you cannot get orders to stop people doing what they should not be anyway. If you could we all need to take out orders all the time to force compliance with the law.

If there is a warrant against your address then you can seek an injunction to stay that warrant using the N244 form.

If there is no warrant then there would be no point in an injunction to stop them enforcing against you as they will say they are not but they are recovering your father's goods.

If they do misbehave then you do have a further claim against them.

Please let me know if you need to know anything else?

Jo

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