My client, Neil Tunstall lived in a one-bedroomed ground floor flat in Kent and had done for approximately four months. He was the lawful tenant.
On the afternoon on the 12 June 2018, Neil was visited by Mr Hussain who described himself as an Enforcement Agent employed by DCBL (Debt Collection Bailiffs Ltd).He said he was looking for Nathan Beck. Neil honestly denied he was or knew Nathan to which Mr Hussain told Neil that he had to “prove it”. Neil considered Mr Hussain’s approach rude and arrogant and took exception. He said he didn’t have to prove anything. Mr Hussain then showed some ID and advised that he had a Writ to enter the flat.
Mr Hussain then forced his way in. Neil advised him to “get out” several times because he was causing Neil distress. Neil was obliged to call 999 and as he did so, Mr Hussain began to rifle through Neil’s belongings before taking a photograph of Neil’s tenancy agreement.
Having apparently satisfied himself that Neil was not the debtor Mr Beck, he then left.
The incident lasted no more than 5 minutes but had a profound and lasting impact on Neil. Neil, who had a pre-existing anxiety condition, and who had previously experienced a period of homelessness, felt intimidated by the Bailiff and was outranged and upset that his personal privacy and the security of his home had been violated in such a disrespectful and uncaring manner.
Neil subsequently described feeling “terrified, helpless and pathetic….unable to assert my rights, unable to force him out”.
Neil brought a claim against DCBL who denied liability. The case proceeded to Trial where Neil established liability and secured compensation of £10,000 and his legal costs.
All names have been changed.
Also read: Trespass by Enforcement Agents: Making the Bailiffs Pay Up
