"Enter by force" means entering a property without permission through an unlocked door. It does not mean breaking and entering or interfering with the locks of private homes. It does mean a bailiff can use a locksmith to open a commercial premises. Nothing in legislation enables bailiffs to "get a locksmith" to break open domestic homes to recover a debt, except for unpaid tax to HMRC.
Bailiffs recovering unpaid court fines may use reasonable force to enter to search for goods to be taken into control.
Paragraph 5 of Schedule 4A of the Magistrates' Courts Act 1980 states:
An authorised officer may use reasonable force, if necessary, in the exercise of a power conferred on him by this Schedule.
Paragraph 18(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 provides that:
This paragraph applies if:
- The enforcement agent has power to enter the premises under paragraph 14, 15 or 16;
- He is acting under a warrant of control under section 76(1) of the Magistrates' Courts Act 1980 for the recovery of a sum adjudged to be paid by a conviction;
- He is entitled to execute the warrant by virtue of section 125A or 125B of that Act.
Bailiffs cannot break entry if they seek to recover unpaid fees. A warrant of control for the recovery of unpaid magistrates' court fines is issued under section 76 of the Magistrates' Courts Act 1980. It confers enforcement power only to recover the sum adjudged, not any additional fees.
If a bailiff breaks the locks to your home or obtains a money transfer when you did not owe any fines, contact me. We can do something about it.
To prevent your home being broken into by bailiffs, you must:
Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 confirms that goods are no longer bound once the amount outstanding is paid.
Paragraph 31 of the Taking Control of Goods: National Standards 2014 states: Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.
Paragraph 59 provides a qualified defence to bailiff liability if unaware the debt was paid, but does not excuse unreasonable enforcement where a debtor has provided clear notice.
If the fine has been paid and a bailiff interferes with your locks, or threatens to do so, contact me. You may have a claim under section 3 of the Torts (Interference with Goods) Act 1977 and for trespass under common law.
Fees can only be recovered from the proceeds of goods controlled. Once the fine is paid without taking control of goods, bailiffs cannot lawfully recover fees under Schedule 12.
Court staff often confuse "costs" with "fees." Section 26 of the Crime and Courts Act 2013 refers to costs of collecting sums, not statutory fees under the Taking Control of Goods (Fees) Regulations 2014.
The law does not allow bailiffs to break into residential homes to recover unpaid civil debts. For commercial debtors, bailiffs need specific authority from the court under Schedule 12 paragraph 15 and Regulation 28.
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