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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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iv just posted this hear now as i posted it in the wrong section earlier..

 

hi, i hope someone can help me and i hope im posting in the right area!

 

Today i had a visit from a rossendales bailiff over unpaid council tax.

The original amount was £183. When i first recieved a posted letter from them i arranged a payment agreement. Unfortunately as i have so many debts and agreements i missed one weeks payment- i realised the week after and paid it immediately- i then got a letter demanding payment in full- which i couldnt afford- and the main office refused to speak to me and said i had to ring the bailiffs number on the letter.

I rang the bailiff and he refused to let me pay by installments.

 

Today i had a bailiff at my door- he was quite pleasant(as pleasant as a bailiff can be!!)

The debt has risen to £301.41 plus £60 fees.

 

He wanted payment immediately and i told him there was no way and i could make a payment at the end of the month but there was no way that i could cover the whole amount.

He said this was not acceptable...i asked for a few days leeway and he only agreed to do this if i could tell him i would be able to pay in 48hrs time..i lied and said i could as otherwise he said he would have to seize my goods immediately.

 

I have since read some advice online...this told me that a bailiff is unable to force entry to my property as long as doors and windows are locked..is this right?

I understand they can seize my car as its in my name and fully paid for- im gonna park it round the corner from tomorrow.

 

I also spoke to the council with whom the council tax is owed and tried to arrange payments- the woman i spoke to was really helpful and said that she cant do anything at the moment until rossendales return it to them...she said they would then send me a commital asking me to contact them-she said if i ring them as soon as i get the letter they will be able to help me.

 

So...my plan is to ring the bailiffs number i have and try one last time to sort out a payment plan and explain to him that i will not be allowing them access to my property under any circumstances and that the only way they will get any money from me is through an agreement.

 

In the meantime i will ensure that my windows and doors are secured...and if they do manage to get through they will soon regret it with a 'friendly' welcome awaiting them from a german shepherd dog!!!

 

am i going about this the right way?

and as for the fees...are they excessive? this is the first visit by them to my house.

thankyou...i hope you can help me!!

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sorry ive just realised ive double posted by mistake...oops.

 

Another question...may seem a bit daft but ive just been reading through older threads and it seems that some bailiffs can be very rude or break rules, ie. putting a foot in a doorway or attempting to walk in if i leave the door for a second, say to get paperwork.

Im just wondering where i would stand if they tried to do this- i have 2 dogs who would defend their property from uninvited guests- if say a bailiff tried to stop me closing the door and in the process crossed my property boundary and was bitten- or hurt by the door shutting etc?

Its just something i want to be sure of as i always have one of my dogs sat behind me when i open the door to people.

 

sorry to keep adding more...

I am a lone parent and i read somewhere that they are not allowed to pursue lone parents?

Could really do with some advice as i said i would phone bailiff to confirm whether i am able to pay, and im not sure whether to or not(ring him that is)

Edited by qwerty12345
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Guest Happy Contrails

The £60 fees are not allowed, only £24.50 so keep the bailiffs paperwork showing the £60 fee. The law prescribing bailiffs fees for collecting unpaid council tax is the Council Tax (Administration and Enforcement) Regulations 1992 and provides £24.00 for a first visit and £18.00 for a second visit if one is made. No other bailiff's fees can lawfully be charged if a bailiff has not moved your goods in a vehicle and you have not signed any document consenting to a levy or a walking possessions agreement (currently a flat rate of £10).

 

Phone the council, tell them their bailiff has been caught cheating with his fees and commits an offence under Section 2 and 4 of the Fraud Act 2006 and ask they take the council tax debt back into town hall administration. Remind the council they are liable for their bailiffs when they are caught defrauding a member of the public. If the council is uncooperative or vexatious then quickly contact the local government ombudsman.

 

Never telephone a bailiff and get the case back into council administration

 

Council Tax (Enforcements) Department

Invincible Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE]

 

I have had an opportunity to seek advice and I write on the understanding that case law has ruled an authority is liable for its bailiffs.

 

On [DATE] I was visited by your bailiff collecting unpaid council tax. We were unable to reach an amicable resolve and the bailiff showed threatening behaviour and became defensive and vexatious in nature. He made unrealistic demands of money which are way beyond my means and has been caught cheating with his fees by charging unlawful amounts contrary to regulations.

 

I now ask the Council to:

 

a) Take the case back from the bailiff.

b) Accept my original offer to pay £[AMOUNT] a week to clear the arrears

c) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

d) Receiving an over-zealous bailiff acting for you making unrealistic demands of money and defrauding me with his fees.

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the local government ombudsman in fourteen days from the date of this letter. Please treat this letter as Stage 1.

 

Due to my circumstances I am unable to pay the debt as demanded by the bailiffs and I will make payment of £[AMOUNT] each month for [NUMBER OF] monthly installments with a final installment of £[AMOUNT]. This may seem a long time but it's all I can afford and allows me to pay future liabilities without falling into arrears. I confirm I am not refusing to pay this debt.

 

This letter is delivered by Royal Mail and deem properly served on you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is now your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

Enc 1st payment.

 

Make your house and car safe and hand a copy of this letter to the bailiff through a window if he returns.

 

 

 

To: [NAME OF BAILIFF]

 

BY HAND

 

[DATE]

 

Dear Bailiffs,

 

Re: Your visit to [1st LINE OF ADDRESS]

 

The council appears to have instructed you to recover council tax arrears/parking ticket from me however, however there is an irregularity with your fees and is contrary to legislation.

 

This letter gives you notice that you are being denied peaceful entry to my home or to levy goods contained within and I will not be signing anything for you. This notice revokes your eligibility to charge a Walking Possessions fee or other fee relating to the handling of goods.

 

Please be advised it is not a "criminal offence" to deny a bailiff entry to my property, if you suggest otherwise I will report you to the police under Section 25 of the Theft Act 1968 and you may receive a criminal record . Meanwhile please provide me with a written breakdown of your fees you have demanded and put it through the letterbox.

 

A bailiff who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss therefore, if no satisfactory refund is made to me within 24 hours from now I will automatically file a complaint to police under the 2006 Fraud Act and the Proceeds of Crime Act 2002. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence. If you are certificated, a Form 4 will be filed.

 

This document has been passed to you by hand and a photograph of you standing outside reading it has just been taken as proof of delivery. I now ask that you quietly leave the property.

 

Yours Faithfully

 

 

YOUR NAME

 

 

 

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Guest Happy Contrails

sorry to keep adding more...

I am a lone parent and i read somewhere that they are not allowed to pursue lone parents?

Could really do with some advice as i said i would phone bailiff to confirm whether i am able to pay, and im not sure whether to or not(ring him that is)

 

You may be a vulnerable person, which means: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Never phone the bailiff, stick this in the post and send it by email.

 

 

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: Your visit to [1st LINE OF ADDRESS]

 

I write further to your visit by your bailiff and confirm I

am classed a vulnerable person for the purposes of civil enforcement in the meaning of the National Standards for Enforcement Agents directives.

 

Please see http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

Where a debtor falling into a vulnerable persons category is discovered by an enforcement agent, the matter shall be referred back to the court and no seizure of goods may proceed.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

YOUR NAME

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thanks for your help so far....

the debt has risen from £183 to £301.41 plus £60 fees...how can it rise from 183 to 301 in just one visit...obviously thats not fees as he said the 60 was fees.

he hand written the amount onto the letter..this is what he wrote in pen...'amount £301.41 plus fees' he verbally told me it was 60 fees.

 

also on the letter this is printed...

'I will reattend at your address at my convenience and may remove goods even in your absence. Should you wish to avoid this course of action, contact me immediately on the telephone number below to arrange prompt payment of your debt'

 

I take it by saying he will enter even in my absence means if i leave a window open etc?

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ive just got off the phone to my local council. I told them the charges are not allowed and were totally unfair.

The man on the phone did agree that they were being unfair but did look into it and said that the visit charges were made back in july- i told him that is not right as i only set up my agreement in august and at that point it was 183 and that their one and only visit was today.

He said the council will not be applying for the debt back from rossendales as they incurr charges doing so.

He, like the other lady, told me to sit it out and they would contact me when the debt is returned by rossendales.

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Hey there,

 

Bailiffs add fees like there is no tomorrow, and more often than not there is no provision for them. It is vital that you follow the advice given as they are in the wrong. Request a full breakdown of the debt from the bailiffs *in writing*

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ok, ive printed off and enveloped all the letters to send and will post first thing tomorrow.

 

One thing im wondering..my conservatory door to the outside has a broken lock on it at the moment so doesnt secure, there is nothing of value in the conservatory and i always lock the main door to the house which leads from the conservatory..where do i satnd if the bailiff gains access to my conservatory but not the rest of the house? would this be classed as him gaining peaceful entry?

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Guest Happy Contrails

An interesting question:

 

A case in 2006, a bailiff entered a block of flats via a communal entrance and the bailiff considered himself having a right to break into the appartment. A police originally dismissed the complaint saying criminal damage is a civil matter then realised they had blooped when the police officer became the focus of an IPCC investigation for concealing a crime under a pretence it was a civil matter. Only then was the bailiff was arrested for breaking & entering, and that, I suspect was to save a police officers career.

 

I dont know if a conservatory is considered part of the dwellinghouse, but to be 100% sure you should try and make your house safe because I reckon the jury is out.

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I dont know if a conservatory is considered part of the dwellinghouse, but to be 100% sure you should try and make your house safe because I reckon the jury is out.

 

My gut feeling is that it would be. I'm not 100% certain though.

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Guest Happy Contrails

My thoughts likewise, but I cant find a legal precendent whether a conservatory is considered dwellinghouse for the purposes of a bailiff gaining entry to it and enabling him to break & enter the building the conservatory is attached.

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My thoughts likewise, but I cant find a legal precendent whether a conservatory is considered dwellinghouse for the purposes of a bailiff gaining entry to it and enabling him to break & enter the building the conservatory is attached.

 

It would be the same principle if they gain entry to a house and discover a locked bedroom or something?!?

 

I'll do some research today me thinks :)

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Guest Happy Contrails

Can you let me know how you get on.

 

Your findings might answer the age-old question - can a bailiff break open a door if he finds the porch unlocked.

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thanks everyone for helping so far, youve been a great help :)

 

right ive posted the letters...unable to email as cannot find an email address for them!

 

I have managed to sort of secure my conservatory door- but if it is pulled hard it will open- the conservatory is at the back and they will have to scale a 6ft locked gate and wall to get into the garden.

 

It is really worrying me that they will be able to force entry after getting into the conservatory, one being that obviously i dont want my stuff taking, and two that if they enter my dog will attack them-i have been trying to search the net for legal advice on the matter but cant find any anywhere..the only info i can find is if someone illegally enters, eg. a burglar..but then the bailiff would have a legal right to enter?

think my head is going to explode!!!!

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thanks everyone for helping so far, youve been a great help :)

 

right ive posted the letters...unable to email as cannot find an email address for them!

 

I have managed to sort of secure my conservatory door- but if it is pulled hard it will open- the conservatory is at the back and they will have to scale a 6ft locked gate and wall to get into the garden.

 

It is really worrying me that they will be able to force entry after getting into the conservatory, one being that obviously i dont want my stuff taking, and two that if they enter my dog will attack them-i have been trying to search the net for legal advice on the matter but cant find any anywhere..the only info i can find is if someone illegally enters, eg. a burglar..but then the bailiff would have a legal right to enter?

think my head is going to explode!!!!

 

I appreciate your concerns, I whole-heartedly suggest that you get some free advice from national debtline on 0808 808 4000 - you'll feel better after the call i guarantee.

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i cant phone them just yet, but will do later.

As for the dog side- it just goes to show how complicated it is..my friends is a policeman and i have asked him and he doesnt have a clue so is going to look into it for me.

 

I have sent the vulnerable persons letter to rossendales office and have a copy here ready to hand to bailiff if he turns up...which wont be at least til tomorrow as thats how long i have to pay.

what does it actually stop them doing though? for instance when they recieve that can they still chase me for the debt? can they levy things such as my car? or will they just return it to the council?

 

also- last month i paid off another ct debt in full (around £500 mark, will find the exact figures shortly)

but this had risen loads in charges even though they had never been in my house or removed anything- is there anyway i can get the fees that they obviously had no right to charge back? this was with rossendales again.

 

sorry about all the questions!

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An interesting question:

 

A case in 2006, a bailiff entered a block of flats via a communal entrance and the bailiff considered himself having a right to break into the appartment. A police originally dismissed the complaint saying criminal damage is a civil matter then realised they had blooped when the police officer became the focus of an IPCC investigation for concealing a crime under a pretence it was a civil matter. Only then was the bailiff was arrested for breaking & entering, and that, I suspect was to save a police officers career.

 

I dont know if a conservatory is considered part of the dwellinghouse, but to be 100% sure you should try and make your house safe because I reckon the jury is out.

 

Happy Contrails - I'm interested in the case you describe above -could be of great help to me, can you give me a link to read the full case if you have it or more details to find it?

 

thx

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