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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I have bailiffs coming to my home tomorrow with a locksmith

Resolved Question:

I have bailiffs coming to my home tomorrow with a locksmith to force entry. The bailiff came on 21st and I was not at home. Can they force entry ?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Have the bailiffs been into your property already?

Customer:

yes they came on Friday, I was not home and they left a lettersaying calling back Monday with a locksmith to force entry

tdlawyer :

Okay. If they have already been into the property, they will have done what is called "walking possession", which means that are treated as having alredy taken the goods, but they have left them at your premises. Then, they come back later to pick them up. They CAN force entry on this next visit.

tdlawyer :

The advice often given is never let bailiffs into a property for this reason.

tdlawyer :

However, if you present your own bankruptcy petition, as you intend to do, and you become bankrupt, it will prevent the bailiffs from continuing their action.

Customer:

So I really have no option if I'm unable to pay the debt.

tdlawyer :

You can get your own bankruptcy petition heard on the same day, so it might be worth speaking to your debt people tomorrow and get the petition presented immediately.

Customer:

Will they remove goods Monday

tdlawyer :

They will unless you challenge the indebtedness (if you can), or if you dont pay the debt.

tdlawyer :

Or unless you become bankrupt.

Customer:

I was informed by Lightside who I paid to manage the bankruptcy process that a date would need to be set but I was not under the impression that it could be arranged within the day.

tdlawyer :

Yes, you can do it within the same day. It requries them to attend court an ask for it to be dealt with urgently, which is possible.

Customer:

The bailiff has not been into my property to do a walk in possession. Does the forced entry still apply if they have not carried out a walk in possession.

tdlawyer :

No, they need to carry out walking possession.

Customer:

OK so does that mean they can't remove anything tomorrow ?

tdlawyer :

Well yes, if they can't get in, they can't take anything.

tdlawyer :

If you have a dispute on the day, and if they try to force their way in, then you need to call the police.

Customer:

I have been informed in the letter that the locksmith will change the lock to gain entry.

tdlawyer :

Then if you oppose that, you will need to contact the police and they will assist. In the meantime, if you're going to be bankrupt anyway, which you mention in your question, doing this on Monday will mean this issue never needs to be determined anyway as the even the bailiff must accept that is the effect of bankrupty (to prevent him from taking your goods).

Customer:

Ok so it all hinges on getting the bankruptcy sorted as soon as possible. Thank you for your advice.

tdlawyer :

Your debt advisors should really be on top of this and you should be able to do this in one day, and there is no reason you shouldn't be able to do this tomorrow if you advisors can do their bit.

Customer:

One more question if the bankruptcy is granted on Monday and the bailiffs have already taken my goods, will my goods be returned to me.

tdlawyer :

No, I think it's too late then. I would need to do research on that one, as it's once execution is "complete" that you can't go back on things with bankruptcy. I'm not sure whether taking them is enough or whether they have to be sold, but my view is that it's unlikely you would get them back as I expect the possession of them completes the execution.

Customer:

thanks, XXXXX XXXXX been very helpful.

tdlawyer :

You're more than welcome. Thank you.

tdlawyer :

Is there anything else I can assist with?

tdlawyer :

Are you there?

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