Probate Company get wrong house and break in to mine!

[Deleted User]

Silver-Surfer wrote: »

And???????

You have a point don't you.

I just can't believe there is no law that would not cover someone forcibly breaking into your house, turning off your supplies and waltzing off.. otherwise it's a HILARIOUS practical joke to play on people who are on holiday.

Anyhoo, my point is: Try to get the firm to do everything they can, fix it all, without resorting to legal action (if there is any...). Make sure you document everything they say they will do, every time you speak to them. Try to get them to send things by email so you have a paper-trail

Silver-Surfer_2

ringo_24601 wrote: »

I just can't believe there is no law that would not cover someone forcibly breaking into your house, turning off your supplies and waltzing off.. otherwise it's a HILARIOUS practical joke to play on people who are on holiday.

Anyhoo, my point is: Try to get the firm to do everything they can, fix it all, without resorting to legal action (if there is any...). Make sure you document everything they say they will do, every time you speak to them. Try to get them to send things by email so you have a paper-trail

There is and it's already been raised.

phil24_7

Surely a mistake is not a lawful excuse to cause criminal damage to property?

System

It was not CRIMINAL damage!

The only damage AFAICS is the door(s) where they have forced entry and changed the locks. This was not criminal but done in the belief (later found to be mistaken) that they had the right granted to them under the warrant to do this.

The same goes for switching off the gas and leccie

stator

Most offenses in English law require intent. So if you break into someones house and turn off the gas with the intent that it causes harassment or inconvenience then you might have committed an offense. If you do something by mistake there is no intent and often no offense.

masterwilde

stator wrote: »

Most offenses in English law require intent. So if you break into someones house and turn off the gas with the intent that it causes harassment or inconvenience then you might have committed an offense. If you do something by mistake there is no intent and often no offense.

Thats hilarious, kiling another with your car after having say 2 pints then, you didnt intend to hit them therefore it should not be manslaughter by your book and should not be prosecuted

System

masterwilde wrote: »

Thats hilarious, kiling another with your car after having say 2 pints then, you didnt intend to hit them therefore it should not be manslaughter by your book and should not be prosecuted

Correct, it isn't manslaughter, it is causing death by careless/dangerous driving while under the influence of alcohol (assuming driver fails breath test, otherwise ignore the while under the influence....)

Silver-Surfer_2

!!!!!! wrote: »

Correct, it isn't manslaughter, it is causing death by careless/dangerous driving while under the influence of alcohol (assuming driver fails breath test, otherwise ignore the while under the influence....)

But only if they can prove careless or dangerous. If not the coroner will rule accidental death.

System

If there is a positive test then CPS will prosecute using causing death regardless of what the coroner decides. The driver will normally be charged before the inquest is heard, normally within 48 hours for this offence

Silver-Surfer_2

!!!!!! wrote: »

If there is a positive test then CPS will prosecute using causing death regardless of what the coroner decides. The driver will normally be charged before the inquest is heard, normally within 48 hours for this offence

Yes but only if

the driving has caused the death of another person; and
the driving was without due care and attention or without reasonable consideration for other road users; and
the driver is either unfit through drink or drugs, or the alcohol concentration is over the prescribed limited, or there has been a failure to provide a specimen in pursuance of the RTA 1988.

If there is no evidence of due care or without reasonable consideration CPS will not authorise a charge.

They are unlikely to charge within 48 hours as they wont have seen the PM report so will have no evidence as to the cause of death.