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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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can an enforcement agent enter my house or remove goods without

Customer Question

can an enforcement agent enter my house or remove goods without a court writ and furthermore can he do so on a Sunday with children in the house?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Could you please explain the situation a little more?
Customer: We have been trying to manage our creditors including council tax for the sum of £3500 with a law firm using a debt management scheme but not an IVA. The baliffs have called a couple of times during the day when we have been out until today when they arrived a little before 9am insisting that they had powers to return today at 3pm to remove goods and despite never being in the house they still maintained that they had powers to do so referencing change in legislation April 2014 - they do not have warrant or writ from any court just a simple letter from their firm laying out debt. I have been advised previously that as long a they do not enter house which would constitute walk-in possesion then they have no means by which to remove goods. Hope that helps.
Alex Watts : Do they have a ccj?
Customer: No
Alex Watts : What's the debt for?
Alex Watts : Note I am on the train so will be on and offline
Customer: Outstanding council tax on previous property. Need to check if local authority got a CCJ for original debt.
Customer: Not sure if you have provided answer as was driving and out of connection. Please advise
Alex Watts : Ok - do the council have a liability ordrt?
Alex Watts : order ?
Alex Watts : I am on the train so on and offline
Customer: Not aware of any liability order
Alex Watts : Ok. If it has been to the magistrates court then they will have a liabilty order. If they have a liability order they don't need a writ
Alex Watts : However unless they have actually entered your house they can't claim walking possession
Alex Watts : They can't remove goods unless they have entered the house.
Alex Watts : If you Dont let them in they can't force entry, unless they have been in before.
Alex Watts : But if they have even a foot in then they can force entry. So don't let them in
Alex Watts : You need to ask if they have a liability order. If they have you owe the debt
Alex Watts : But if they have never had entry then you don't need to let them in
Alex Watts : can I clarify anything for you about this today Please?
Ash and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.
Thank you for this - it is consistent with previous advice and in contrast to what baliff was advising and quoting as his powers. Just to be clear he has never had even a foot inside the property so on that basis that are unable to remove goods as per your direction.
Expert:  Ash replied 3 years ago.
No foot inside, he can't force entry.

Alex