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    • Denny54
    • By Denny54 12th Jul 18, 9:49 AM
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    Denny54
    Can they force entry?
    • #1
    • 12th Jul 18, 9:49 AM
    Can they force entry? 12th Jul 18 at 9:49 AM
    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...
Page 1
    • poppasmurf_bewdley
    • By poppasmurf_bewdley 12th Jul 18, 10:08 AM
    • 5,258 Posts
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    poppasmurf_bewdley
    • #2
    • 12th Jul 18, 10:08 AM
    • #2
    • 12th Jul 18, 10:08 AM
    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
    • By campbell19925 12th Jul 18, 10:10 AM
    • 146 Posts
    • 181 Thanks
    campbell19925
    • #3
    • 12th Jul 18, 10:10 AM
    • #3
    • 12th Jul 18, 10:10 AM
    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.
    Originally posted by poppasmurf_bewdley
    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
    • By Denny54 12th Jul 18, 10:15 AM
    • 20 Posts
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    Denny54
    • #4
    • 12th Jul 18, 10:15 AM
    • #4
    • 12th Jul 18, 10:15 AM
    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
    • By poppasmurf_bewdley 12th Jul 18, 10:18 AM
    • 5,258 Posts
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    poppasmurf_bewdley
    • #5
    • 12th Jul 18, 10:18 AM
    • #5
    • 12th Jul 18, 10:18 AM
    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.
    Originally posted by Denny54
    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
    • By fatbelly 12th Jul 18, 10:44 AM
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    fatbelly
    • #6
    • 12th Jul 18, 10:44 AM
    • #6
    • 12th Jul 18, 10:44 AM
    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
    • By sourcrates 12th Jul 18, 10:45 AM
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    sourcrates
    • #7
    • 12th Jul 18, 10:45 AM
    • #7
    • 12th Jul 18, 10:45 AM
    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 Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Denny54
    • By Denny54 12th Jul 18, 11:11 AM
    • 20 Posts
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    Denny54
    • #8
    • 12th Jul 18, 11:11 AM
    • #8
    • 12th Jul 18, 11:11 AM
    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
    • By sourcrates 12th Jul 18, 1:34 PM
    • 15,236 Posts
    • 14,333 Thanks
    sourcrates
    • #9
    • 12th Jul 18, 1:34 PM
    • #9
    • 12th Jul 18, 1:34 PM
    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;
    Originally posted by Denny54
    This site can help with that or Google is your freind:

    https://www.courtenforcementservices.co.uk/powers-high-court-enforcement-officer/
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
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