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Implied right of access


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just a quick question. I have seen many posts advising that letters be sent removing this right. I know it doesn't affect court appointed officials, as some might believe( FOTL), but what does it actually mean? I ask because there are many houses where the door of the property opens directly onto the pavement. Does this mean that anybody can knock on the door irrespective of the letter being sent or can you place a notice on the property?:

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Read this long recent thread.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?420602-Notice-of-Removal-of-Implied-Right-of-Access-%28NOROIRA%29....where-did-these-bizarre-notices-come-from

 

These notices are a waste of time. It might stop double glazing salesman or anyone that does not have a lawful reason to visit, but for anyone else., forget it. People put these up, because they believe bailiffs will not come to their doors. Most bailiffs will ignore these. Bailiffs only have legal right to force entry related to criminal fines and where a judge has specifically sanctioned forced entry. For most bailiff visits this won't apply. It is a visit to see if the debtor wants to make a payment arrangement and they may post a letter through the door. They may levy against property outside of the house where the debtor resides.

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Hi UncleB.

So are you saying that we can't even send a letter to a " Door stop" collection agency? What made me ask was the reported increase of people using these letters to prevent TV licensing collectors from visiting their homes and ,if they do hold any water, how does this apply, specifically, to those properties that open directly onto the pavement? I do understand the situation regarding bailiffs etc, having read many threads concerning them.

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The notices are a waste of time for anyone operating in a legal capacity, such as bailiffs. For doorstep collectors, they do work.

 

For your example, even if the door opens right onto the street, they still have to touch your property to knock.

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Hi UncleB.

So are you saying that we can't even send a letter to a " Door stop" collection agency? What made me ask was the reported increase of people using these letters to prevent TV licensing collectors from visiting their homes and ,if they do hold any water, how does this apply, specifically, to those properties that open directly onto the pavement? I do understand the situation regarding bailiffs etc, having read many threads concerning them.

 

They may work for TV licencing work, as Capita who run it, have never been given any legal rights to visit peoples homes. So if you wrote advising that you do not wish them to visit you, as they have no legal basis for doing so, then they would probably respect that. The DCA doorstep collectors, should also not visit, if told not to do so, as that is within the OFT rules anyway about methods of communication, where you can state no doorstep visits.

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DCA doorstepper threats are usually sent when the addressee has not responded to letters but in the vast majority of cases there is no intention whatever to visit. In that case, how does one arrive at the conclusion that such letters generally "work"?

I would argue that if they elicit any form of response they have succeeded only in one perverse respect, viz. alerting the DCA to the fact that they have finally ruffled the recipient's feathers.

Just my opinion.

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