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Recently a person received a letter from court baliffs threatning to force entry into a property, regardless if the person was present or not. The bailiff had not previously gained entry into the property and no levy had been made on any goods.

The letter said:

“I will request from the District Judge permission to gain entry into your premises (IN YOUR ABSENSE IF NECESSARY) to remove goods in accordance with court rules.”

The person sought help regarding the letter and was informed that the bailiff was acting unlawfully.

There are only certain conditions that allow bailiffs to force entry into a property

  • If a bailiff has previously had access or prevented from re-entering a property
  • A Tax collector with a warrant from a Magistrates court
  • Courts permission for commercial properties where there is no living accommodation
  • High Court Enforcement Officer (HCEO) trying to levy goods at a commerical property
  • HCEO when goods have been moved to a third premises to prevent execution
  • Magistrates court warrants for unpaid fines
  • Where entry was gained from a different property and made a levy and are now following the goods

The person was advised to write to the court quoting the letter and ask under what circumstances the bailiff was allowed to force entry? The response was that neither the court nor the bailiff would use the letter again.

If you have received a similar sounding letter then I would encourage you to contact Payplan or your local Citizens Advice Bureau (CAB).

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