The ‘right of entry’ is one of the biggest levers a bailiff can use to extract payment from a ‘debtor’, however a lot of mis-understanding surrounds when this power can be used. The truth is that there isn’t one hard and fast rule. ‘Bailiff law’ is an extremely complex set of powers, rules and procedures, with different permutations depending on which ‘debt’ that is being pursued. Too many people who find themselves on the receiving end of this troublesome industry, rely on friends or inaccurate Internet articles in the delusional belief that what they are being told is ‘fact’, and that the law will protect them from what they often see is a misjustice. However the truth is that they find themselves in the position that they are in, because they have done something wrong. Whether its not paying a fine, avoiding council tax, or not keeping up with maintenance payments, at some point a court has decided that money is owed and believing that youhave a right to a ‘level playing field’ can be one of the costliest mistakes you can make. The industry is extremely regulated now, with each certificated bailiff being personally assured by a magistrate so ‘like them or loathe them’, on the whole bailiffs are honest if not stern people. What’s more, they are trained and educated in the field and are unlikely to abuse their powers, otherwise they risk losing their license and ultimately their livelyhood. Some examples are as follows; bailiffs executing a magistrates distress warrant can force entry on the first visit though this power is not frequently used, whereas bailiffs executing a council tax liability order cannot, however if they have previously been inside the property they can force entry to gain re-entry. Even if you dont invite a bailiff into the property they can walk in through an un-locked door or even climb through an open window. That is why it’s essential to be aware of the law not through hearsay, but through someone who is a specialist in the field. Ultimately if a bailiff does force entry, it will be the debtor who has to pick up the bill, and having had to go to that extent it is unlikely a bailiff will leave until the total debt is paid or goods are removed. And remember, there are few people better trained in ‘bailiff law’ than bailiffs themselves, so if a bailiff is telling you he can force entry to your home, the chances are he can!
