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| Version 0 | Version 1 |
|---|---|
| Can't Pay? We'll Take it Away! bailiff entered house unlawfully | Can't Pay? We'll Take it Away! bailiff entered house unlawfully |
| (about 8 hours later) | |
| A bailiff from television's Can't Pay? We'll Take it Away! who entered a house unlawfully left the occupants feeling "violated" and "like the guilty party". | A bailiff from television's Can't Pay? We'll Take it Away! who entered a house unlawfully left the occupants feeling "violated" and "like the guilty party". |
| A judge has ruled Gary Brown, a star of the Channel Five show, should have made more thorough checks before entering the home in Bracknell in September. | A judge has ruled Gary Brown, a star of the Channel Five show, should have made more thorough checks before entering the home in Bracknell in September. |
| The couple involved did not owe money. Their address had been given to a collection company by the real debtor. | The couple involved did not owe money. Their address had been given to a collection company by the real debtor. |
| Mr Brown said he was sorry and should have "done more" to check the address. | Mr Brown said he was sorry and should have "done more" to check the address. |
| He was given the address by Direct Collection Bailiffs Limited (DCBL), which has not responded to a request for comment. | He was given the address by Direct Collection Bailiffs Limited (DCBL), which has not responded to a request for comment. |
| Mr Brown, a self employed high court enforcement officer being contracted by DCBL, walked through the unlocked front door with a junior colleague. | |
| Leigh Bozkurt filmed as they refused to leave and searched private drawers and wardrobes in her home. | |
| "I was petrified. I initially thought they were policemen because they mimic the way they dress," said Ms Bozkurt. | "I was petrified. I initially thought they were policemen because they mimic the way they dress," said Ms Bozkurt. |
| "I could feel my anxiety rising. I was shaking like a leaf and the gentleman said, 'My name's Gary Brown but you'll know me from Can't Pay? We'll Take it Away!" | "I could feel my anxiety rising. I was shaking like a leaf and the gentleman said, 'My name's Gary Brown but you'll know me from Can't Pay? We'll Take it Away!" |
| Ms Bozkurt and her partner Andrew Turner repeatedly complained about the incident but said nobody had taken responsibility until a hearing at Brighton County Court ruled in their favour last week. | Ms Bozkurt and her partner Andrew Turner repeatedly complained about the incident but said nobody had taken responsibility until a hearing at Brighton County Court ruled in their favour last week. |
| Judge Richard Simpkiss said Mr Brown had entered the house unlawfully as there was "practically no evidence the debtor lived there". | Judge Richard Simpkiss said Mr Brown had entered the house unlawfully as there was "practically no evidence the debtor lived there". |
| He said that enforcement had gone "too far away from the protection of innocent people". | He said that enforcement had gone "too far away from the protection of innocent people". |
| Nikki Mitchell, Home Affairs Correspondent BBC South | Nikki Mitchell, Home Affairs Correspondent BBC South |
| This ruling will be welcomed by those who believe bailiffs are "above the law". | This ruling will be welcomed by those who believe bailiffs are "above the law". |
| Debtors are often among the poorest and most vulnerable people in society. | Debtors are often among the poorest and most vulnerable people in society. |
| The number of complaints about bailiffs to debt advice charities has risen substantially since industry reforms in 2014. | The number of complaints about bailiffs to debt advice charities has risen substantially since industry reforms in 2014. |
| According to Citizens Advice, complaints have gone up by 24% and last year they dealt with 41,000 people with what the charity calls "bailiff issues". | According to Citizens Advice, complaints have gone up by 24% and last year they dealt with 41,000 people with what the charity calls "bailiff issues". |
| The judge in this case acknowledged bailiffs have a difficult job, and anyone - debtor or not - would find the experience of having them in their home frightening. | The judge in this case acknowledged bailiffs have a difficult job, and anyone - debtor or not - would find the experience of having them in their home frightening. |
| He also warned the debt recovery industry as a whole, it must share the burden of responsibility for this, rather than leaving its bailiffs in the 'firing line' alone. | He also warned the debt recovery industry as a whole, it must share the burden of responsibility for this, rather than leaving its bailiffs in the 'firing line' alone. |
| Speaking after the hearing, Mr Brown, who remains a certified high court enforcement officer, said: "I offer Ms Bozkurt an apology for the distress this has caused her. | Speaking after the hearing, Mr Brown, who remains a certified high court enforcement officer, said: "I offer Ms Bozkurt an apology for the distress this has caused her. |
| "It certainly wasn't my intention to upset her or Mr Turner. | "It certainly wasn't my intention to upset her or Mr Turner. |
| "I should have done a bit more to satisfy myself that I was confident the debtor resided at that address." | "I should have done a bit more to satisfy myself that I was confident the debtor resided at that address." |
| Mr Turner said it was a "phenomenal victory" that "will be groundbreaking". | Mr Turner said it was a "phenomenal victory" that "will be groundbreaking". |
| "This has opened up to protect more innocent victims out there to stop these bailiffs from just walking into a home," he said. | "This has opened up to protect more innocent victims out there to stop these bailiffs from just walking into a home," he said. |
| The government is currently considering a report into the behaviour of bailiffs and will decide if an independent regulator is required. | The government is currently considering a report into the behaviour of bailiffs and will decide if an independent regulator is required. |