As more and more people resist the thuggish and unlawful tactics of bailiffs and debt collectors in these cash strapped times, the local authority are resorting to increasingly underhand methods to force people to hand over money they don’t have.
One such method is to ask the police to be in attendance with bailiffs so those unfortunate enough to receive the knock at the door will believe they are under threat of arrest if they don’t comply.
Well, unless the police are serving an entry warrant of their own, or intend to make an arrest for an indictable offrence, they have almost no authority to enter your home and you should keep them locked outside, alongside the bailiffs.
Unpaid debts that have resulted in court proceedings are a civil issue and the police should have no involvement in them whatsoever.
The police claim that the only reason they assist bailiffs is in case there is a breach of the peace. But the real reason they are there is because they are blunt instruments of the state. Serving their local authority masters by putting the frighteners into the public in the hope that they can extract some unpaid parking tickets, or outstanding council tax.
No matter what excuses the police make, if they arrive at your door with the bailiffs, they are there for one reason: Leverage. They want you to believe that if you don’t pay you could be arrested.
Don’t be intimidated by the police assisting these doorstep vermin. All they are waiting for is an opportunity to help the bailiffs invade your home.
Don’t give them that opportunity!
DON’T TRY AND REASON WITH THE POLICE
The police are poorly trained and are ignorant of the most basic legal understanding. They know nothing about the limited powers of bailiffs and will automatically take their side if given the opportunity. Never ask the police to clarify your rights in relation to a bailiff because they won’t know. Worst still they will probably just spout myth, opinion or rumour that will entirely favour the bailiff’s position.
Any officer that speak on a bailiff’s behalf has overstepped his authority and should be reported for misconduct.
THE POLICE WILL ALWAYS SIDE WITH THE BAILIFFS
The police regard bailiffs as one of their own. They are always ready and willing to overlook unlawful attempts the bailiff makes to enter your property. If the bailiff puts his foot in the door, pushes your door open while you are trying to close it or uses offensive language or intimidating behaviour then the bailiff is breaking the law. Don’t expect the police to pay any heed. They will do nothing.
For these reasons you should record everything that happens between yourself and the bailiff.
DON’T LET THE POLICE TRICK YOU INTO ALLOWING THEM IN
If the police arrive at your home with bailiffs, wherever possible, DO NOT OPEN THE DOOR. The police will often ask if they come into your home to speak to you. They will then open the door so that the bailiff can walk in behind.
NEVER ALLOW THE POLICE INTO YOUR HOME!
You do not have to speak to them. You do not have to let them into your home when requested. You don’t even have to answer the door to them.
If the police help the bailiffs get into your home they will certainly lie about it later. They will state that you invited the police and the bailiffs both into your home and that no trickery or unlawful access was used.
IF THE POLICE HELP THE BAILIFFS INSIDE, ANY SEIZURE IS UNLAWFUL
If you have had the police abuse their authority in such a manner and help a bailiff obtain access to your home, then even if goods were seized and subsequently sold, the possession of such goods were most likely unlawful.
In almost 75% of cases where the police have assisted bailiffs door to door, the subsequent entry and seizure is unlawful. You can begin a civil claim against the police and the authority that sanctioned the bailiff. You can reclaim every penny that was taken as well as obtain substantial damages for the harm and distress caused.
IF IN DOUBT, CALL THE POLICE!
Sounds ridiculous, right? But if you believe the police to be acting outside their authority, then you have a right to call 101 and speak to their superior.
Each force has guidelines that have been laid out by the Home Office that explain clearly how police officers should behave when attending with bailiffs. Ask to speak to a sergeant or superior who can clarify these guidelines to you in front of the police officers at your door.
Remember, all police phone calls are recorded. If they refuse to help or fail to give you the relevant information then each officer concerned could face misconduct charges.