Question regarding my parents and a Bailiffs rights if they visit.

Quashing Orders. Stopping Enforcement. Applying for more time to pay. Disputing a liability.
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ktm871
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Joined: 07 May 2016 17:44

#1 Question regarding my parents and a Bailiffs rights if they visit.

Post by ktm871 » 07 May 2016 18:08

Hi there. My apologies if this question is in the right place as i know some forums are very picky about that. Also for how vague this question may be. I have searched the answer online at various different places but where one place says one thing, another place says another.

This is also not relating to me. This is about my Mother.

My Mother and Father owned a public house in London until 2013 when it was closed down after being bought by housing developers. Since then HMRC have been trying to get a lot of VAT out of my Mum, some of them even claiming she owes VAT on the business after it ceased trading. HMRC was told it had closed down aswell.

A Bailiff did knock on the door about a year ago, since then my Brother has been dealing with all things to do with her debt. It is appearing to get sorted. My question relates to what a Bailiff can do if he comes back round.

My parents were under the impression he could come in through open windows and if the back door was left open. My Mum has been leaving the back door open a lot recently due to their dog and cats coming and going as they please in the hot weather. Rather than let them in and out all the time she opts to leave the door open for them and to get a breeze through the house. The back garden is walled off. There is no access to the back garden except from the house. There are 2 houses either side, all of which are walled off with no back gates.

My Brother has told my parents until the debt is sorted not to leave the windows open and keep the back door closed if no one is in the room the kitchen (the back door leads from the kitchen to the front garden)

I thought that from around 2013/14 that Bailiffs no longer were allowed to enter a house either through a window and were not allowed to climb over a wall, into a garden and enter through the back door. I have told this to them and my Brother but my Brother seems adamant that they can enter anyway they see fit. I have checked online and some places like the CAB says this isnt allowed as it isnt a usual way to enter a house. Other places say otherwise but i see they are dated before 2014.

My questions are:

Can they leave windows open when in or out of the property without fear of a bailiff coming in by those means?
Can they leave the back door open for the animals in the house without fear of a Bailiff climbing over the back wall and entering the property?
What can happen if a Bailiff does do either of the two mentioned above? Can my parents report them to the police/sue the company?

Sorry if the answers are posted on this forum. I have been looking for a flat out answer for a fairly long time now. Even though i do believe the CAB and other websites i still thought it best to check for my parents that my Brother was wrong about this so they dont have to feel like prisoners and sit in a boiling hot house in the summer without any air.

Thank you to any and all who can provide me with the answers i seek.

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Pote Snitkin
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#2 Re: Question regarding my parents and a Bailiffs rights if they visit.

Post by Pote Snitkin » 07 May 2016 18:29

No, they can't enter through the window or climb over a wall. They can enter peacefully through an unlocked door (again without climbing over walls) or if you let them in. I know forced entry can be used for some taxes, ie income tax, but I'm unsure about VAT.

Which bailiff company is this? Do you know if they are actual HMRC bailiffs or hired bailiffs? Do your parents accept they owe all or some of the VAT? What correspondence have they had from HMRC and the bailiff to date?

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Pote Snitkin
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#3 Re: Question regarding my parents and a Bailiffs rights if they visit.

Post by Pote Snitkin » 07 May 2016 18:35

Ok, just checked - yes forced entry can be applied for from the courts for VAT debts. Forced entry is still via normal means, so windows and walls are still out.

ktm871
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Joined: 07 May 2016 17:44

#4 Re: Question regarding my parents and a Bailiffs rights if they visit.

Post by ktm871 » 07 May 2016 18:39

They've had a lot of correspondence. As i said my Brothers dealing with all of that. They have only had one Bailiff visit and that was around this time last year.

To my knowledge it was a HMRC bailiff. She is in dispute over the amount owed but she accepts she owes some of it.

ktm871
Posts: 3
Joined: 07 May 2016 17:44

#5 Re: Question regarding my parents and a Bailiffs rights if they visit.

Post by ktm871 » 07 May 2016 18:40

Pote Snitkin wrote:Ok, just checked - yes forced entry can be applied for from the courts for VAT debts. Forced entry is still via normal means, so windows and walls are still out.
Ah so the doors and windows can be left open without fear. Thank you very much for all your help Snitkin :)

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Pote Snitkin
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#6 Re: Question regarding my parents and a Bailiffs rights if they visit.

Post by Pote Snitkin » 07 May 2016 18:50

Check with them about which bailiff company it is - technically HMRC don't have their own 'bailiffs', but they can use field officers. It would help if we knew who we're dealing with.

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