Forced entry for PCN

[mikeymack2002]

Just a quick question can an EA force entry for a TEC warrant. (PCN)

 

Wording used on final notice.

 

I will attend on xx/xx/xxxx and may remove goods even in your absence. This will add £110 and so on.

 

Access has always been denied no control of goods agreement entered in to. It's been on going for months now.

 

What would be best to do next? Also no car or goods outside either...

[brassnecked]

The remove goods in your absence is stuff outside, in insecure sheds, patio furniture and cars. Think they have to go to court to apply to force entry for anything Civil.

[mikeymack2002]

That's my interpretation of the regs. I've advised the debtor not to be fooled by this threat and still deny access.

[Leakie]

I would agree with BN

 

Any Property outside is fair game so to speak,

and as long as the EA has not been inside the property

He can force entry, or even apply to I think

[brassnecked]

He can only force entry in extremis and has to apply to the court, unlikely for PCN, deny entry, no peaceful entry so then no right to force entry without court order. imho

[mikeymack2002]

Obviously I know my way around the regs. This thread is purely for confirmation only.

 

 

My understanding is if no entry by peaceful means then they can apply for a force entry. This is normally for Court fines ie mags. But I have yet to read any post from the net that has shown this has happened for a PCN.

[GrumpyToSayTheLeast]

I can confirm it HAS happened for PCN's.

Very rare, I have only seen one pcn, and one writ enforced this way since new regs came in. I have heard about other writs and pcn's, but apart from the two above,I couldn't confirm the validity of the others.

[mikeymack2002]

Hi GTSTL this is why I've found it nigh on impossible to find any such cases in the press or other.

 

The way the final notice is written it makes a debtor believe that forced entry is going to happen.

 

This I believe more now than ever is a backdoor tactic to scare a debtor to pay. This is not permitted under the new regs or guidelines.

 

Maybe it's time to have a look at the type of content that is written in these template generic letters issued by an EA and or their offices. Would you agree with this at all?

 

Obviously this content is my observations alone others may agree or not or have their own to make.

 

This is why I chose to post this in the discussion area and not the main forum. Although I am confident in what I know and how far I can go or advise it's ultimately the up to the debtor how they continue..