A bailiff or HM Court Service staff said the bailiff can break entry with a locksmith

The so-called "DVCV Act 2004" only provides for entry using "reasonable force" if all of the following are true:

• You have not paid the sum the court said you must pay (but not the fees - different rules)
• You are inside the property
• You are deliberately trying to avoid the bailiff
• You have been served the statutory warning that the bailiff intends forced entry
• The bailiff has made an application to court to break into a property under Paragraph 15(1) of Schedule 12. Currently there are no prescribed court procedures for this.

Bailiffs with a right to enter premises do not automatically have a right to take control of goods. That requires a separate authority known as a "warrant of control" under Section 76(1) of the Magistrates’ Courts Act 1980.

Bailiffs with a right to take control of goods do not automatically have a right to break entry or use a locksmith. That also requires separate authority under Paragraph 15 of Schedule 12. See also Rule 10(c) of the Criminal Procedure (Amendment) Rules 2015.

If the fine is paid, the law states the warrant no longer has effect because the sum owed is now nil. A genuine warrant of control does not apply any fees.

Any threat to enter premises without authority to levy goods may be vexatious and may amount to fraud by abuse of position, an offence under Section 4 of the Fraud Act 2006. Report it to Action Fraud.

Paragraph 15(1) requires court approval for a warrant to enter and search. Rule 10(c) provides the correct procedure.

Enforcement agents must act in accordance with the Human Rights Act 1998, Paragraph 28 of the Taking Control of Goods: National Standards 2014 and Article 8 of the Human Rights Act 1998.

Only a court (not HMCTS staff) can issue a Paragraph 15 warrant of entry. Court managers and staff do not have that authority.

A warrant does not authorise breaking entry. It only authorises taking control of goods. This process was formerly called "distress".

Bailiffs collecting unpaid court fines may mislead people by saying they can obtain court permission to force entry or leave cards saying they will return with a locksmith.

Use a free Automatic Call Recorder app if you have an Android phone. If a bailiff says he will drill the locks, email the recording to Action Fraud. This conduct breaches Paragraph 20 of the National Standards 2014.

Using the term "locksmith" to alarm or distress may be a criminal offence under Section 1 of the Malicious Communications Act 1988.

A bailiff can only break entry if:

• They have already levied goods inside the property
• You signed a valid Regulation 15 controlled goods agreement
• You are deliberately avoiding the bailiff by being inside and refusing access to listed goods

The Magistrates Courts Act 1980 does not allow bailiffs to apply for extended power to break and enter under Section 76 or via a locksmith.

Schedule 4(5) 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."

Bailiffs may refer to the DVCV Act, meaning the Domestic Violence, Crimes and Victims Act 2004. Section 27 gives criminal immunity for injury or offences during execution of a warrant but does not provide civil immunity from injury claims.

HMCTS staff may confuse bailiff powers with those under Section 8 of PACE 1984 (Police and Criminal Evidence Act) which allows breaking entry to prevent or detect crime. This is unrelated to civil enforcement.

A warrant of control is not a police search warrant. They are legally distinct. You may bring a formal complaint to the Ministry of Justice to challenge such statements or ask for the regulation authorising such advice.

The template complaint below is addressed to the Ministry of Justice and copied to the sentencing court and the commercial bailiff firm: