I had a visit from DCB Ltd today, unfortunately Gary Brown (of TV notoriety as he kept telling us, never seen him) and his colleague Stuart Kee used very passive aggressive behaviour when they just walked into my property, by opening the door and just walking in. My partner was in the living room at the rear of the house was shocked when they had walked into the property and then she immediately rang me.
Being in a government organisation having people just enter your house uninvited and without out showing id made me ring the police and request immediate support to my partner, at the same time as returning to my home from work 20 miles away.
The 2 men said they were baliffs yet did not show ID immediately and only showed a writ from distance that my partner could not make out any details on it.
They showed little respect to my partner and made her feel uncomfortable, whilst asking for a individual name on the writ then interogatting my partner on people living in the property, such as children. she felt very intimidated and was continually asked these questions and about council tax and proof of ownership of the house. she told them i was on the way home and would provide the information.
they refused to wait and asked to look around the property which my partner agreed to but not the following, Stuart Kee actually started carrying out a full search of the property not a look around. searching draws, cupboards and rooms. on a video his colleague is heard to say to him he did not need to do a full search, yet he continued, several documents were read with my name on and they still continued.
the police arrived whilst he was searching, he noticed them yet continued his search.
Gary went down to meet the police as did my partner.
Gary showed the officer his writ. the officer then said to my partner that the address was different on the writ to my own address.
Upon leaving they did not even apologise for the distress they caused, little did they not realise my partner suffers from anxiety and PTSD, which caused me to take her immediately to the doctors, due to her emotional state and distressed condition.
My issues are does the writ have multiple addresses that they can search or is it just for one property?
if my full address was not on that writ does that mean that the enforcement officers gained access illegally or are they even allowed in?
Can the enforcement agents use such passive aggressive tactics against a woman that is clearly distressed?
If i was on my way home are they allowed to search a property, even though I was 20 minutes away?
Why do they have the right to enter a property without holding their warrants in their hands and waiting inside the door, not strolling through the house?
Are they alloweed to carry out a search without showing the writ to the person in the home?
The property is in my name can anybody give permission to search it?
Also why did they not carry out proper checks to see who actually owned the property or do a search on the electrol register (which only has 3 peoples names on it) or any other searches that would clearly show that the individual did not live here?
Can anybody please advice on some or all of the questions?
Many thanks in advance for any help offered.
Wrong name Wrong Address
Re: Wrong name Wrong Address
That proves he knew he was not acting lawfully. He was attending the wrong address and explains why he didn't show the writ. He used Google to find another address and his phone and Google account will have recorded the search.renrutwerdna wrote: ↑21 Sep 2018 20:05
Gary showed the officer his writ. the officer then said to my partner that the address was different on the writ to my own address.
You can't sue the bailiff for trespass because the law protects them from such action, but you can sue the creditor, and he can sue the bailiff by making a claim on their indemnity insurance.
Only one address on the writ. The enforcement address.My issues are does the writ have multiple addresses that they can search or is it just for one property?
If the debtor lives or trades at the attending address, then he can lawfully enter peacefully. Not by violent means. However, the wrong address on the writ proves the debtor was not given a Notice of Enforcement, which is a statutory requirement as well as being an essential part of the Schedule 12 enforcement procedures.if my full address was not on that writ does that mean that the enforcement officers gained access illegally or are they even allowed in?
Bailiffs are not allowed to use force against people. If a person is injured, mentally or physically, then they can make a personal injury claim.Can the enforcement agents use such passive aggressive tactics against a woman that is clearly distressed?
No, the bailiff did not give a notice of enforcement, and the proof is the writ had the wrong address.If i was on my way home are they allowed to search a property, even though I was 20 minutes away?
You can't sue a bailiff for trespass, but you can sue the creditor and the creditor can make a claim against the bailiff or his insurer for breach of contract.
Some courts are more generous than others when awarding compensation, ranging around £50 a minute for the first 30 minutes then £10 a minute for the next 30 minutes then £50 an hour your family is besieged by the bailiff.
You can also claim special damages for anything broken or stolen.
Also, check the bailiff has not stolen your jewellery when he ransacked your house. If valuables are missing, you must report it straight away. The latest bailiff burglary was just this week when a bailiff ransacking a home stole parts from a model train set in one of the upstairs bedrooms.
Why do they have the right to enter a property without holding their warrants in their hands
They don't have a right, it is in breach of paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, because it says the bailiff must show evidence of his ID and his authority to enter the premises (the writ).
Did the bailiff deploy the threshold maneuver? You can sue for damages because it amounts to using force against a person, that was behind the door.and waiting inside the door, not strolling through the house?
No.Are they alloweed to carry out a search without showing the writ to the person in the home?
No.The property is in my name can anybody give permission to search it?
They are only searching for things of high value so they can steal it because they know the police will never prosecute a bailiff for burglary after stealing valuables from a house. Bailiffs use this protection to commit crime with impunity.
You must check your house over, with rubber gloves and call police and they can have CID check the house over for prints. Gary Browns biometrics are on police record, so easy to find him.
Because they wanted to burgle you. They knew the address was wrong and knew the police protect bailiffs no matter how serious the crime.Also why did they not carry out proper checks to see who actually owned the property or do a search on the electrol register (which only has 3 peoples names on it) or any other searches that would clearly show that the individual did not live here?
Can anybody please advice on some or all of the questions?
Many thanks in advance for any help offered.
Run a compliance check to see what other remedies are available to you and action you can bring.
Your post doesn't tell us whether the debt is legitimate or whether you dispute it. See if you have grounds to stop a high court writ.