Can't Pay? We'll Take It Away!: Ch5 9pm
Discussion
t system we have that allows people to get to that degree of misery. I hope we see some progress..Alucidnation said:
Are they really allowed to just let themselves in like that??
"No one enforcing a judgment has the right to force entry into residential premises unless they have a signed walking possession agreement or were forcibly ejected. However, the HCEO or bailiff may climb a perimeter wall or fence to get into the grounds of the property. They can then enter through an unlocked door or open window, opening it further to if necessary. They may use the door handle when the door is unlocked but may not open a window that is shut."Seems not.
Violence for securing entry.
(1)Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—
(a)there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
(b)the person using or threatening the violence knows that that is the case.
however
10 Obstruction of court officers executing process for possession against unauthorised occupiers.
(1)Without prejudice to section 8(2) of the M3Sheriffs Act 1887 but subject to the following provisions of this section, a person is guilty of an offence if he resists or intentionally obstructs any person who is in fact an officer of a court engaged in executing any process issued by the High Court or by any county court for the purpose of enforcing any judgment or order for the recovery of any premises or for the delivery of possession of any premises.
http://www.legislation.gov.uk/ukpga/1977/45/part/I...
(1)Subject to the following provisions of this section, any person who, without lawful authority, uses or threatens violence for the purpose of securing entry into any premises for himself or for any other person is guilty of an offence, provided that—
(a)there is someone present on those premises at the time who is opposed to the entry which the violence is intended to secure; and
(b)the person using or threatening the violence knows that that is the case.
however
10 Obstruction of court officers executing process for possession against unauthorised occupiers.
(1)Without prejudice to section 8(2) of the M3Sheriffs Act 1887 but subject to the following provisions of this section, a person is guilty of an offence if he resists or intentionally obstructs any person who is in fact an officer of a court engaged in executing any process issued by the High Court or by any county court for the purpose of enforcing any judgment or order for the recovery of any premises or for the delivery of possession of any premises.
http://www.legislation.gov.uk/ukpga/1977/45/part/I...
GTIR said:
Alucidnation said:
Are they really allowed to just let themselves in like that??
"No one enforcing a judgment has the right to force entry into residential premises unless they have a signed walking possession agreement or were forcibly ejected. However, the HCEO or bailiff may climb a perimeter wall or fence to get into the grounds of the property. They can then enter through an unlocked door or open window, opening it further to if necessary. They may use the door handle when the door is unlocked but may not open a window that is shut."Seems not.
Edited by Birdster on Thursday 18th September 23:50
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