Speak to a BAILIFF Expert - £35
Rai & Rai v Birmingham City
Council [1993] (unreported)
Before Mr. J P Kieran, deputy stipendiary
magistrate, Birmingham Magistrates' Court
The complainants were indebted to the city
council for unpaid community charges of £252.93,
£302.84 and £315.50 for the years 1990-93
respectively. Liability orders were issued and
Crilleys were instructed to levy.
On July 21 1993 two bailiffs called at the Rai's
home, in which the complainant Mrs Rai and her 17
year old daughter, Mrs Bassi, were present.
Mrs Rai had been advised by her neighbourhood
office to refuse entry to the bailiffs and she did
just that. She stood in the doorway and held the
door slightly open but would not permit entry.
The bailiffs asked to use her phone, she lied
and said she did not have one. She was about to go
out to speak to them when one bailiff put his foot
in the door and then both pushed their way in,
forcing her out of the way.
The stipendiary magistrate found that the levy
was irregular and accordingly ordered the return of
the goods removed. In fact the forced entry and
seizure of third party property was illegal and
could have rendered the distraint trespass ab
initio but no award of damages was made.
*Ab initio is a Latin term meaning "from the
beginning".
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