bailiff "peaceful entry"

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bailiff "peaceful entry"

Postby nat » Sat Feb 25, 2012 5:08 pm

Hi. I need some advice urgently please.
Whilst I was in bed ill Friday 24th feb 2012 at 10.3oam, I was awoken by an intruder who we later found out to be a bailiff who pulled the sheets of me and I screamed and told him to get out because I feared for my life due to the recent events in the news about the vicar and the old lady who was murdered. I am a single mum with a young daughter. My boyfriend (who visits we at weekends), was asleep in the other bedroom. He heard me scream and came running and managed to drag him out of the house with no violence.The intruder then picked up a stick outside and threaten to beat my boyfriend. At no time did he ever say who he was. I imeadiately called the police 999. The police came within minutes,after speaking to the intruder who sat in his car a 50 yard from my house,we asked the police that we wanted him arrested, the police told us they couldnt do anything, that he was a Bristow and Sutor bailiff about a parking ticket and he had a court order. We did not see any paper only a letter saying that northampton court grants permission to the bailiff, we did not see any court seal, case number etc. The bailiff claimed to the police that he gained peaceful entry through the kitchen window (the window was closed but not locked), there was no damaged hence the police said it was peaceful entry. I could not believe that the police afterwards brought the bailiff to my door step for me to speak to him after scaring me to death, I refused. I have been dealing with the council about the PCN which they have not replied to any of my letters, I offered to pay the original £30. So all of these is onward going, i feel they had no right to abuse my human rights. If the window was shut but not locked, is it still considered as "peacefu entry" ie he pulled the window open which is difficult as there is no wedge to pull it forward, can they still come into my house forcible as he has levied goods whithout my knowledge and no signature of me to agree, is it proper for him to come into my bedroon while I am asleep and pull the covers off me, threaten my boyfriend with a stick and still not tell us who he is. Templates to write to revelent authorities will be helpfull and advice on my rights. Thankfully my daughter was at school or she would have been so terified. I am not sleeping well and suffering from nightmares about this man and i am going to see the doctor about my mental state. I am so scared to be at home - i feel as though I am a nervous wreck. Please help!!!! Nat
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Re: bailiff "peaceful entry"

Postby whitebakecase » Sun Feb 26, 2012 12:45 am

there was no damaged hence the police said it was peaceful entry.


Yup, they are allowed to acces via an insecure window or door (providing their paperwork is legit) although I'd agree its seriously morally wrong of them to do so in the circumstances you describe.

(the window was closed but not locked)


And I guess you know what my advice is. If they cant gain entry without causing damage, then they CANT gain entry.
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Re: bailiff "peaceful entry"

Postby nat » Sun Feb 26, 2012 8:34 pm

:( As a woman in my own bedroom, my human rights have been abused by this bailiff entering my bedroom, pulling the covers off me which i then woke up and screamed in fear of my life of which no woman should go through! Can people like this man be allowed in the house legally through my window, levy on my possesions, go into my bedroom, pull the covers, threaten my boyfriend with a stick, allowed to come back again because he had gained "peaceful entry". Please read earlier letter. Any advice would be most appreciated.
Nat
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Re: bailiff "peaceful entry"

Postby mikessss » Sun Feb 26, 2012 8:44 pm

seems a lot of hassle for £30, what is it all for?
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Re: bailiff "peaceful entry"

Postby nat » Mon Feb 27, 2012 2:27 pm

a £30 parking fine which is now £500 because the council did not bother to reply my letters of offer to pay the original £30. This has been ongoing for over a year. I have now filled in a form TE7 and TE9 to Northampton court to suspend the case while the council will deal with my offer of payment. My step is is complain to the Civil Enforcement Agancy and Certified Bailiffs association, hopefully thee can investigate this matter and put a stop to this firm. No one should go through this. Nat
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Re: bailiff "peaceful entry"

Postby umbongo82 » Wed Feb 29, 2012 1:09 pm

They may gain entry by an unlocked door but the window has to be OPEN not just unlocked (Nixon v Freeman 1860). If the window was in fact open (even just a crack), it was peaceful entry hence the police being powerless.
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Re: bailiff "peaceful entry"

Postby bandit1 » Wed Feb 29, 2012 2:56 pm

This 'bailiff' is a very very lucky man. In other circumstances you could have easily been mistaken for an intruder and ended up dead or in hospital with serious injuries.
On a side note I believe the bailiff forced an entry as the window was not open. Think of the 'legal' meaning of the word force. I have to use force to open my front door. For him to gain entry, the window or door needs to be wide open. Remember if you open the door to them they cannot push past you. Ergo doors windows need to be wide open. I'd take trip to the local nick to report the 'Constable' who attend your distress call.
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Re: bailiff "peaceful entry"

Postby umbongo82 » Wed Feb 29, 2012 5:45 pm

bandit1 wrote:This 'bailiff' is a very very lucky man. In other circumstances you could have easily been mistaken for an intruder and ended up dead or in hospital with serious injuries.
On a side note I believe the bailiff forced an entry as the window was not open. Think of the 'legal' meaning of the word force. I have to use force to open my front door. For him to gain entry, the window or door needs to be wide open. Remember if you open the door to them they cannot push past you. Ergo doors windows need to be wide open. I'd take trip to the local nick to report the 'Constable' who attend your distress call.
Namaste
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You're wrong, the door just needs to be unlocked not open. The window just needs to be open, have a look at the case law I quoted. Nothing stated on how 'open' it has to be.

Thing is, if the bailiff explained to the police what he did and they were happy, there's not a lot to be done about it.
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Re: bailiff "peaceful entry"

Postby Deacus » Fri Mar 02, 2012 10:14 am

nat wrote::( As a woman in my own bedroom, my human rights have been abused by this bailiff entering my bedroom, pulling the covers off me which i then woke up and screamed in fear of my life of which no woman should go through! Can people like this man be allowed in the house legally through my window, levy on my possesions, go into my bedroom, pull the covers, threaten my boyfriend with a stick, allowed to come back again because he had gained "peaceful entry". Please read earlier letter. Any advice would be most appreciated.
Nat

Hi Nat, did he touch you at all? if so I think you should look into indecent assault, you could have been naked for all this pervert knew & I am guessing he hoped you were, this could be construed as removal of clothing, tell the police you want to press charges for that & if they dont want to know read up on here & try going after him yourself personally
I feel confidant that if I walked up to a woman on the beach & physically removed a towel she was using to cover herself this would be some kind of sexual asault,after all how is that any different to pulling some girls skirt down, let alone after a so called "peaceful entry", his actions were unnecessary, why did he not call out once he gained entry?
On a woman section 14 Sexual Offences Act 1956 (Archbold 2004, 20-144)
http://www.cps.gov.uk/legal/s_to_u/sexual_offences_act/
Also look into anti-social behaviour & intimidation
D
Condemnation with out investigation is the height of ignorance
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Re: bailiff "peaceful entry"

Postby Too Far Gone » Fri Mar 02, 2012 7:26 pm

I would make a claim for distress, unable to sleep properly, waking up in the middle of the night, panicing. And how it's all effecting your social life and living in fear etc.
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