Is it possible to be detained for breach of the peace in one's own house in England? | Lawhive - Solicitors & Lawyers Online
Is it possible to be detained for breach of the peace in one's own house in England?
England [Bailiff Advice Please - Property Owner for 5 years - Single - Absolutely no debts : LegalAdviceUK (reddit.com)](https://www.reddit.com/r/LegalAdviceUK/comments/nnzk4m/bailiff_advice_please_property_owner_for_5_years/) I am not the person who owes the debt. As far as I can tell that person has never lived here. I don't owe money. I am only on a state pension so don't have a lot of resources. Since then the bailiffs have been back and entered the house whilst the front door was open (I was bringing shopping in from the car). I tried to stop them and they called the police. I was detained for breach of the peace (is this possible in my own house)? I told the police that they were here incorrectly but they just told me the bailiffs have a right to do their job - they wouldn't listed that I am not the right person. They also cuffed me. The police ignored my request to look at my driving licence and pension book (I don't have my pension paid in to my bank) etc. They have taken my car, pension money, TV, laptop, watch and camera and I am writing this on a borrowed laptop. I want to legally get back my goods and car. The money was all the money I have as I am only on the state pension and have no other assets.

Michael Hassell

24th September 2021

+745

748 upvotes

Top Answer
Did they tell you who the creditor is ? What you need to do is to get in touch with the bailiff company and make a formal complaint- as long as you're sure the debt *isn't* yours.

Clarence James

26th January 2022

+42

45 upvotes

If the warrant was valid, then they had the authority to enter the property - even if the debtor was not present, or it was someone's house. So, a claim of trespass is unlikely to go anywhere on that front as bailiffs do not often (but it is not impossible of course) get the address wrong, as in, execute the warrant at the address stated - this is different to the scenario where the court has got the wrong address: that would still be valid for execution. Your claim is for your return of your goods - you must make an application to court for the return of your property (so that will be everything, as it's not the debtor's) and that will prevent any sale of them. That can be a bit of a technical process so I strongly urge you to contact: * https://www.lawworks.org.uk/ * https://weareadvocate.org.uk/ immediately, and ask to see if someone can urgently make an application for you. It will be a general application (on form N244) for what is sometimes called an interpleader claim, or rather an application under Paragraph 60 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007. The judge will then decide the issue. Wrongful levies are also a liability of the creditor, and damage may be available in respect of that. This usually costs £255 or whatever the application fee is now, but you may be eligible for help with fees so there are no court fees to pay: https://www.gov.uk/get-help-with-court-fees As for the police conduct - strictly speaking, it is the duty of a constable to assist an enforcement agent with the enforcement of a warrant or writ - the Courts Act 2003 - but it is your prerogative to make a complaint re: how they went about that.

Patricia Garcia

26th January 2022

+372

375 upvotes

You'll need to prioritise and act fast. - Claim your goods back, as Patricia Garcia advised. There is a short time limit to claim your property before it can be lawfully sold. - Make a complaint to the police now, if you intend to complain. The body camera footage may be the only evidence showing what actually happened, and it is deleted after 30 days. Ensure you speak to someone on 101, or get an email from someone who confirms the footage has been retrieved/marked for retention before that 30-day limit hits. You may also wish to "request a copy under the GDPR - Right of Access". To answer your other questions, yes they can arrest for breach of the peace in your home, if there is a "public" element to it, such as the presence of bailiffs at the door. Unless the bailiffs had some sort of authority from a court, they may have been trespassing, but we'd need more information to help determine that. For now, focus on protecting your stuff and securing the police video evidence, and come back to other replies and further action afterwards.

Lisa Ballard

26th January 2022

+72

75 upvotes

My god this is absolutely awful. Did you get names of the bailiffs or the company ? This is pure theft as they have taken belongings of someone who does not owe them any debt so I would first go to the police. There is also IPCC? Where you can put in a complaint about the way the police treated youz Keep us updated OP, best of luck !

Amanda Oden

26th January 2022

+21

24 upvotes

Besides all the advice given, it might be worthwhile to contact your MP. They seem to be able to get things moving faster in some cases, and generally its good for them to know what's up in the constituency.

Diana San

26th January 2022

+61

64 upvotes

I'd be really grateful if you could keep us updated! Very interested in the outcome of this

Rita Hare

26th January 2022

+10

13 upvotes

Was this the first time you ever heard of this debt?

Gerri Floyd

26th January 2022

3 upvotes

Reading this scares me because I went away on holiday, and the next day, debt collectors came and left a note to contact immediately, as next time they will turn up unannounced and gain entry. I froze, because the notice wasn't for me. I Suspect a couple lived here before, because ever since I moved into the property, I've been receiving letters of debt from all sorts non stop for two different people and this legal action to recover money scared, me because I coud have comeback and my car including assets would have been gone. I think the only thing stopping the debt collectors was the fact this property is a rental and couldn't enter/recover as they were unsure if the goods were in possession of the debtor. I'm sick of ringing and cancelling/proving to companies they don't live here and to stop the letters. I did in the beginning, now I just let them come, as usually I have been notified the companies were aware, but the letters still had to be sent out as this is the last address of the debtor. Scary and annoying stuff, can't wait to move out of here.

Wanda Talbott

26th January 2022

+2

5 upvotes

I am sorry I need to say one detail that I forgot to mention - I am sorry but this has unsettled me a bit. When they took my money. There was a few weeks pension money in the draw - what I use to live on and £20 in my wallet. The wallet was on me. It had my driving licence and bank card in it. Both of which state my name which are different to the name on the warrant. They saw these.

Michael Hassell

26th January 2022