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Bailiff making a "forced entry" is NOT breaking entry!.

Regulation 20 of the Taking Control of Goods Regulations 2013 says bailiffs can only enter by usual means such as a unlocked door.

Paragraphs 57 to 61 of the Taking Control of Goods: National Standards 2014 says a power to enter by force exists for RE-ENTERING premises with a valid Regulation 15 Controlled Goods Agreement and the debtor is wilfully avoiding his responsibilities.

Bailiffs cannot falsely imply that a debtor refusing entry to a property is classed as an offence. Paragraph 20 of the Taking Control of Goods: National Standards 2014

A bailiff carrying a VALID warrant recovering a magistrates court fine or a High Court writ can enter by force ONLY the debtor is wilfully refusing to cooperate.

A warrant can be shown in electronic form on a device, and does not need to be on paper or have a wet-ink signature.

For Magistrates' court fines, there is an extra provision for entering using reasonable force. See this article

Bailiffs sometimes assert ENTERING BY FORCE is a license for BREAKING ENTRY using violence. This is not the case because it requires a separate authority under Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The law says, a warrant of entry can only be obtained for court fines, Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015.

The notion of bailiffs being allowed to enter private homes by breaking entry is all myth, and even bailiffs, and worse still, police officers can be deluded that their warrant or writ has the same power of breaking entry as police officers carrying a search warrant issued under Section 8 of the Police & Criminal Evidence Act 1984.

These are two completely different warrants having completely different powers prescribed by completely different regulations.

Paragraph 61 of the Taking Control of Goods: National Standards 2014 - The ONLY time a bailiff can break entry with a locksmith is:

  1. when he is recovering goods levied on a PREVIOUS VISIT and
  2. the bailiff has a VALID Regulation 15 controlled goods AGREEMENT or a Regulation 15 Controlled Goods Agreement SIGNED BY YOU and IN YOUR PRESENCE

 

Or has made an application to a court for a warrant to enter a premises under Paragraph 15(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The correct procedure for a bailiff to apply for a warrant of entry is given in Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015.

In any event, bailiffs CANNOT touch goods not listed on the signed Regulation 15 Controlled Goods Agreement

If a bailiff crossed the line and asserts a right to break and enter your home when he cannot, then you can report it to Action Fraud quoting the above legislation. Police follow a list of criteria for deciding whether to investigate a fraud. You must learn the criteria and set out your complaint so it fits neatly into it. Otherwise police will summarily fob your complaint.

 

Utility Companies

Section 2 of the Rights of Entry (Gas and Electricity Boards) Act 1954

You had a "Warrant of Entry" document pushed through your door.

This is nothing to do with bailiffs removing goods or the enforcement of fines and debts.

A utility company can apply for what is called a Warrant of Entry.

It allows a utility company warrant officer access to gas and electricity services in a property on application to a magistrate to lawfully break entry.

It is normally used when contact with the occupants has been unsuccessful and a utility service remains unpaid. A warrant of entry is used to either disconnect services or fit a pre-payment meter to the supply.

 

HMRC

Section 61(2) of the Taxes Management Act 1970

HMRC may force entry to premises during the daytime.

Before forcing entry the officer must have obtained a warrant from the General Commissioners of HMRC.