Can they force entry?

Denny54
Denny54 Posts: 106 Forumite
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in Debt-free wannabe
Hi

I would like to know if a high court writ means a bailiff can force entry to a residential house? They threatened me with saying we will attend with a locksmith etc...

Comments

  • poppasmurf_bewdley
    poppasmurf_bewdley Posts: 5,909 Forumite
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    I believe a High Court Sheriff (not bailiff) does not have the power to force entry to a private residence unless they have a warrant for eviction or they have previously been allowed in the property.

    They can enter if they find an unlocked or open door or window.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • campbell19925
    campbell19925 Posts: 203 Forumite
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    poppasmurf_bewdley wrote: »
    I believe a High Court Sheriff (not bailiff) does not have the power to force entry to a private residence unless they have a warrant for eviction or they have previously been allowed in the property.

    They can enter if they find an unlocked or open door or window.

    Correct.

    They can break into a business property - but not a residential one.

    If there is an open door on your residential house - they can walk in and refuse to leave until you have paid.
  • Denny54
    Denny54 Posts: 106 Forumite
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    I have a secuirty gate that fully closes my front door so there is no way for them to come in.
    What they said they will do is come with a locksmith to break the lock and come in..
    As far as i know they cant do that..
    They are not here to evict me neither have they previously been in here.
  • poppasmurf_bewdley
    poppasmurf_bewdley Posts: 5,909 Forumite
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    Denny54 wrote: »
    I have a secuirty gate that fully closes my front door so there is no way for them to come in.
    What they said they will do is come with a locksmith to break the lock and come in..
    As far as i know they cant do that..
    They are not here to evict me neither have they previously been in here.

    Well, you should be alright then. Unless you also have a back door and/or windows!

    Why have you been taken to the High Court in the first place?
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • fatbelly
    fatbelly Posts: 20,483 Forumite
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    As you have discovered HCEOs will lie about their powers. The fact that this is now High Court gives the bailiffs no extra powers. I assume that this is a ccj that has been escalated.
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
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    It does depend on the type of debt they are chasing.

    If its a criminal fine they can break in, also they can if its an eviction.

    Normal escalated CCJ debts they cannot break in.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Denny54
    Denny54 Posts: 106 Forumite
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    They were here for my brother not me and he wasnt in , didnt ask them what its for as well. But i highly doubt its for a criminal fine (I know they can break in for that if its a court fine)

    Is there any website that shows the power of these so called !!!8220;high court officers!!!8221;
  • sourcrates
    sourcrates Posts: 28,870 Ambassador
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    Denny54 wrote: »
    They were here for my brother not me and he wasnt in , didnt ask them what its for as well. But i highly doubt its for a criminal fine (I know they can break in for that if its a court fine)

    Is there any website that shows the power of these so called !!!8220;high court officers!!!8221;
    This site can help with that or Google is your freind:

    https://www.courtenforcementservices.co.uk/powers-high-court-enforcement-officer/
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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