Marstons breaking the law?

[tomtubby]

Ozzippo

 

I have read your post with interest. Firstly, it is the case that a bailiff can gain "peaceful entry" into a property to enforce a Warrant of Execution for an unpaid County Court Judgment, a Liability Order in respect of unpaid council tax or a Distress Warrant for an unpaid magistrate court fine.

 

"Peaceful entry" can be through an open window or an unlocked door. In your case, it would seem that the bailiff may well have been trying to see whether the door was unlocked. If so, this is perfectly acceptable and is NOT against the law. The criteria needs to be that the bailiff has "good reason" to believe that the debtor occupies that particular property.

 

I am very pleased indeed to hear that the bailiff has accepted that your ex partner no longer lives at the property. This will normally mean that the warrant will be returned back to the court.

 

On the matter of an SIA Licence, I am sorry but when enforcing a COURT order there is NO requirement for the bailiff to hold an SIA licence. As an SIA licence holder yourself, I am sure that you will have contact details with the Security Industry Authority who will confirm the position.

 

I do not want to appear critical but "inviting" the bailiff back to your house to " try the front door handle again" would not seem a wise thing to do and could be interpreted as trying to cause controversy.

 

HMCTS have Contract Managers and these individuals deal with serious complaints. Although your experience was upsetting I do not think that it is matter is serious enough. However, this is only my personal opinion.

 

Lastly, you appear to have received conflicting advice from other sources (which I assume is another forum). Without naming names there are a number of forums that provide incorrect and misleading information. It you require CORRECT information, it would be better to post on Consumer Action.