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#Post#: 10191--------------------------------------------------
Re: Help re an eviction notice while abroad
DIR By: Southpaw82
Date: November 14, 2023, 12:53 pm
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--- Quote from: PeacefulWarrior link ---
>
> [quote author=Southpaw82 link=topic=786.msg10162#msg10162
date=1699976817]
> Having read back through the thread, it appears that you were
wrong as to the law (HCEOs can't enter with force to effect an
eviction) and rosywillow was correct, as you've acknowledged. I
don't really get your last post, which seems just to be an
effort at saving face by you.
>
--- End Quote ---
According to Citizen Advice:
'They aren't allowed to break down your door - they have to use
'reasonable force'. This means they'll have to come back with a
locksmith who will unlock the door.'
HTML https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/stopping-bailiffs-at-your-door/
Looks like I was right after all?
[/quote]
Nope. Whether breaking the door down is reasonable force or not
is a matter of fact that will depend on the circumstances. That
being said, getting a locksmith to effect entry is still forcing
entry because it’s not voluntary. At least you now accept that
they can force entry.
#Post#: 10277--------------------------------------------------
Re: Help re an eviction notice while abroad
DIR By: guest46
Date: November 14, 2023, 11:09 pm
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Perhaps if you had been honest and accurate in your portrayal of
the circumstances on here, the advice would have been even more
fulsome?
It's now a 15 y/o ALONE on the premises who was previously
described as under the supervision of a (very young) adult.
We still don't know WHY this situation developed/allowed to
develop and whatever indignation you have, doesn't usurp the law
of the land.
Reason for forced entry? Again, detail is scant but it reads
like you've been given notice, ignored it then a Court Order and
ignored that. Quelle Surprise. The place belongs to someone and
they'd like it back.
#Post#: 10336--------------------------------------------------
Re: Help re an eviction notice while abroad
DIR By: DancingDad
Date: November 15, 2023, 3:24 pm
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There is a difference, as has already been said, between seizure
of goods to satisfy a dept and repossession of goods.
The first does not allow forced entry.
The second does insofar as it is reasonable and part of the
repossession.
The eviction part is actually secondary to the taking control
from a landlord's point of view.
But usually seen as the important part by the occupiers
Often bailiffs will not break in a door as this is damaging the
very property they are taking control of.
#Post#: 10338--------------------------------------------------
Re: Help re an eviction notice while abroad
DIR By: guest111
Date: November 15, 2023, 3:39 pm
---------------------------------------------------------
--- Quote from: PeacefulWarrior link ---
>
> [quote author=Southpaw82 link=topic=786.msg10162#msg10162
date=1699976817]
> Having read back through the thread, it appears that you were
wrong as to the law (HCEOs can't enter with force to effect an
eviction) and rosywillow was correct, as you've acknowledged. I
don't really get your last post, which seems just to be an
effort at saving face by you.
>
--- End Quote ---
According to Citizen Advice:
'They aren't allowed to break down your door - they have to use
'reasonable force'. This means they'll have to come back with a
locksmith who will unlock the door.'
HTML https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/stopping-bailiffs-at-your-door/
Looks like I was right after all?
[/quote]
No, you are still confusing debt collection with eviction. In
an eviction, the HCEO can break down the door, though they
probably won't since it would leave the property insecure. For
evictions they will as a matter of routine bring a locksmith
with them who will drill out the locks to gain entry and replace
them.
If you ask for advice, it's probably better for you that people
ignore Lao Tzu's aphorism and actually give you that advice. If
you choose not to take it, that is entirely your choice
There is no legislation preventing an eviction if an
unaccompanied minor is in the property. Social services would
take the child to a place of safety, and the eviction would go
ahead.
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