Dealing with Agents, Enforcers & Bailiffs

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Some key lawful facts and precedents.

Bailiffs cannot apply force to a door to gain entry. If they do so they are not in the execution of their duty. See Broughton v Wilkerson [1880] 44 JP 7

A person not a certificated bailiff conducting levy (debt enforcement by seizing goods) is in trespass, Hawes versus Watson [1892].

Debtors can also remove implied right of access to property by telling a bailiff to leave. See Davis versus Lisle [1936]; similarly, McArdle versus Wallace [1964] 108 Sol Jo 483.

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages. See Morris versus Beardmore [1980] 71 Cr App 256.

The debtor’s home and all buildings within the boundary of the premises are protected against forced entry. See Munroe & Munroe versus Woodspring District Council [1979] Weston-Super-Mare County Court.

If a bailiff enters by force he is there unlawfully and you can treat him as a trespasser. See Cur Lewis versus Laurie [1848] or Vaughan versus McKenzie [1969] 1 QB 557.

If a bailiff refuses to leave the property after being requested to do so or starts trying to force entry, then they are causing a disturbance. See Howell versus Jackson [1834] 6 C&P 723 – but it is unreasonable for a police officer to arrest the bailiff unless he makes a threat, Bibby versus Constable of Essex [2000] Court of Appeal April 2000.

A constable must arrest a bailiff for breach of the peace if he places the debtor in fear of violence or harm if that offence is made in the presence of that officer. See R versus Howell (Errol) [1982] 1 QB 427.

The constable must check the bailiff’s certificate and his Warrant and if he is unable to show both documents then the constable is required to remove the Bailiff from site under section 125b of the County Courts Act 1984 or for a Traffic related debt, arrest him under Section 78(7) of the Road Traffic Act 1991 or Section 2 of the Fraud Act 2006 as he is required to carry them in an intelligible form when attending a debtors address. See Buller’s Case [1587] 1 Leonard 50 or Andrews v Bolton Borough Council [2011] HHJ Holman, Bolton county court, June 2011.

The People’s Lawyer web site - http://thepeopleslawyeruk.com
has other relevant materials on the Free Downloads | The People's Lawyer page including:

• Trespass Notice

• Personal Protection Card with Personal Liability/Accountability Notice

• Legal Entrapment Card with Fee Schedule

• Statutory Rejection Notice

• WHO Treaty Non-Consent Notice

Information provided by John Gilbert - From CABI
https://www.ca-britishisles.com/ - Sign up & join for FREE