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Bear72

Bailiff or Enforcement agent entered property without permission and refused to leave

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Hi everybody

 

Had a knock on my door and was confronted by either a Bailiff or enforcement agent (not sure about the specific job title).

When I opened the door he stuck his foot in so I couldn't close the door.

 

I was video taping him so I took a few steps backward (to get him in shot) and he just fully entered the property despite me saying that I was denying him entry and he refused to leave thereafter.

 

Turns out that he was there to collect a court issued fine.

I think from a Magistrates Court.

 

He worked for this outfit:

www.marstonholdings.co.uk

The reason for the fine was something to do with "driving without car insurance".

 

Now I had a cheap car a few years ago but it broke down and would cost more to fix than it was actually worth.

I sold the car for scrap and cancelled the insurance.

Turns out you have to inform the DVLA when you scrap a car and them that it is no longer on the road (I was unaware).

this was the circumstances of the visit.

 

My question is

did he have the lawful right to enter the property?

I always thought these people were like vampires i.e. they can only come in if you invite them in.

 

tia

Bear

 

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Hi.

 

I've moved your thread to the Bailiffs forum. People should be along to advise later.

 

HB

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Illegitimi non carborundum

 

 

 

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If enforcing a Magistrates’ court fine they can even use a locksmith to gain entry, but only with the court’s permission.

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The new enforcement regulations i believe stopped the enforcement officers from pushing aside someone at a door. This was to stop potential assault and breach of the peace.

 

They can put their foot in, to have the conversation with the fine defaulter about their rights of gaining entry and that they can force entry if required using a locksmith ( this is because this relates to a  Court fine).  But if they are refused entry they should back away and look at their next options.  There might be goods outside of the house they can seize.  If not, they could call the Police and locksmiths, so they can make peaceful entry to a property.

 

Complain to Courts and Marstons if the officer has used force against you at the door. 

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as explained in you CTAX thread (which you have yet to update us upon)

they have right of entry yes. so he has done nowt wrong sadly.

but its extremely rare for a magistrate to grant this.

 

i'd be checking the warrant and notice of enforcement had the right address though!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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11 hours ago, BazzaS said:

If enforcing a Magistrates’ court fine they can even use a locksmith to gain entry, but only with the court’s permission.

The warrant itself permits a bailiff the right to use force to enter a property in the case ONLY of a Magistrates Court fine (which this debt was).  The court do not have to give prior permission. 

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Did you receive a summons from the Magistrates Court? 

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To be honest I can't remember but most likely yes.

 

Bear

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