Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #21

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    Quote Originally Posted by DontKeepDigging View Post
    This is a very general question and I would like to keep it general.

    If a bailiff pursuing debt gains peaceful entry to an outbuilding of a house, does it grant him right to force entry into the main building.

    In my case, the outbuilding is a detached garage with an adjoining annexe, both of which are detached from my house.
    The debtor is occupying this annexe and not the main house and has no property in my main house.
    I don't mind giving access to this outbuilding but I don't want the bailiff to gain access to my house.

    The annexe is not a separate address.
    Hi .

    Parts
    14 and 24(2)Schedule 12 of the TCE 2007

    The Bailiff attends the house under the power given to him by parts 14 of Schedule 12 of the act, this does not engender the ability to use force, no matter where the property.
    So no , he can enter, only if access is made by conventional means. The presence of a locked door or debtor standing in the way will legally deny his access wherever it is.


    Part 17 onwards show which debts can be enforced using force, thing like fines business property etc.
    Bailiffs can apply to the court for permission to force entry however, but not force against a person. This is prohibited under the act.

    DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS
    DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT
    BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS
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  2. #22

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    Thank you.
    It's nice to get a document reference at last.
    However, it fails to address my actual question.
    My understanding is that a bailiff that gains peaceful entry to one part of a premises can subsequently make forcible entry to other parts of the premises.
    Am I correct?

    In my case, my premises has two parts, my house which I occupy and an outbuilding which the debtor occupies.
    I want to know whether a bailiff that gains peaceful entry to the outbuilding would subsequently have the right to forcible entry to my house (which has its own locks).

    It seems to me on reading reading Schedule 12 of the TCE 2007 that this depends on the meaning of "premises".
    Is the outbuilding considered a separate premises or is my whole property the premises?



  3. #23

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    its a separate building. So he could only get entry there and levy on whats there. If it was attached to your main building then yes.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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  4. #24

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    Quote Originally Posted by renegadeimp View Post
    its a separate building. So he could only get entry there and levy on whats there. If it was attached to your main building then yes.
    Thanks. We are now getting close. You say if the outbuilding is attached then yes. Well this is where it gets murky because the outbuilding is kind of attached. It is separated from the house by a path to the rear garden but there is an archway between the house and the outbuilding over the gate to the rear garden. This archway just carries water pipes and electric cables. There is no access from one building to the next without having to go outside and cross over the path to the rear garden. The garage in the outbuilding would definitely be described as detached by estate agents. So, is it deemed to be a separate building? I think so but I'm not sure.


  5. #25

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    already answered in post 2.NO!!

    you don't even know if bailiffs WILL come .
    very rare.

    dx

    PLEASE REFRAIN FROM HITTING 'REPLY WITH QUOTE' IF YOU ARE SIMPLY REPLYING TO THE LAST POST IN A THREAD..JUST TYPE!!
    it makes a thread twice as long to scroll through..save data download times and costs
    If you want advice please PM me a link to your thread. PM advice is not allowed!!
    DX
    RIP Martin3030

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  6. #26

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    Quote Originally Posted by DontKeepDigging View Post
    Thank you.
    It's nice to get a document reference at last.
    However, it fails to address my actual question.
    My understanding is that a bailiff that gains peaceful entry to one part of a premises can subsequently make forcible entry to other parts of the premises.
    Am I correct?

    In my case, my premises has two parts, my house which I occupy and an outbuilding which the debtor occupies.
    I want to know whether a bailiff that gains peaceful entry to the outbuilding would subsequently have the right to forcible entry to my house (which has its own locks).

    It seems to me on reading reading Schedule 12 of the TCE 2007 that this depends on the meaning of "premises".
    Is the outbuilding considered a separate premises or is my whole property the premises?
    Not really the bailiff has no power to use force anywhere. If you are referring to the bailiff having a right to force re entry, that disappeared in 2014. The right to forcible re entry now depends on there being a signed CGA.

    DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS
    DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT
    BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS
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  7. #27

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    I take it the debtor rents off you.

    Relevant premises is defined in section 14

    (6)
    Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—
    (a)
    usually lives,
    or
    (b)
    carries on a trade or business.

    I f the agent believes you have goods of the debtor, he would have to apply for a warrant to enter specified premises and seek permission to force entry to that property sectio15, 22 I think.

    DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS
    DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT
    BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS
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  8. #28

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    Sorry for shouting caps lock stuck

    DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS
    DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT
    BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS
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  9. #29

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    I think it is safe to say that the arch connection is of no consequence, there is no direct access to main house from annexe, and as others have said, there would have to be a signed Controlled Goods Order for the bailiff to be able to force entry, such forced entry would have to be to the annexe imo.

    The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!
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  10. #30

    Default Re: Does peaceful entry to an an outbuilding grant access to the rest of the house?

    Also, you REALLY should read dx's posts in this thread.

    Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..


    If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks
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