Free Traffic Legal Advice

Nobody needs to prove anything to you. You can either accept the advice given or not.

Nobody needs to prove anything to you. You can either accept the advice given or not.

'Nobody needs to prove anything to you.' I never asked for proof of anything, just references. And what you say may be so, yet it would be nice if people relied on actual law when advising people, not personal opinion, wouldn't you agree?

'You can either accept the advice given or not.' Indeed.

Well, one obvious question is - having been given legal notice to vacate, why are there still tenants in Situ? It reads as if the law HAS been applied correctly from the judgement laid down - if you think otherwise, please share it and the advice may differ. If not, heed what has been posted already...........

You are confusing debt collection with eviction.  Bailiffs cannot force entry on their first visit (but can thereafter)  if they are only collecting a debt, but they can force entry if they are carrying out an eviction, which is what is intended on Friday.

HCEO bailliffs can force entry to evict you. See for example: https://england.shelter.org.uk/housing_advice/eviction/what_happens_when_bailiffs_evict_tenants

Having an unaccompanied minor in the property will not prevent the eviction.  If there's a minor in the property they will call social services.  They have a High Court Possession order, that's all they need to give them the legal power to force entry, evict the tenants and change the locks.  They may agree to give you access to the property/to a storage facility on a later date if you have not removed all of your property, but you may be charged for storage.

Instructing a 15 year old to deal with this without an adult and to resist the bailiffs is unconscionable. 

He can call the police, but the police do not have the power to stop or delay the eviction.  All they can do is prevent a breach of the peace by anyone including onlookers. 

Not every HCEO is listed on the site you found (it's an organisation which some HCEOs choose to belong to and some don't); common sense should tell you that a big company like Marstons for example - who work throughout the UK - will employ more than three HCEOs, yet only three are listed for Marstons on that site.

The bit you found about business debts is inapplicable because this isn't about a debt or business premises, but an eviction from a residential property.

Semayne v Gresham talks about where goods are being seized, but the page to which you link makes it clear that bailiffs can force entry in certain circumstances, one of those being when the King (in modern parlance, this is understood to be the Court) has given the order.

If you cannot or will not return to the UK by Friday, and if your N244 doesn't succeed in delaying the eviction, my advice is not to put your children in the position of having to deal with this.  Get them to stay with friends so at least you won't be facing a social services investigation into leaving them alone in the UK and allowing them to experience such a traumatic thing as eviction.

I rather go by what the law says, instead of relying on hearsay.

I think part of the problem is that you don’t know what the law says, or perhaps that you don’t know what law is applicable to your particular circumstances.

I cannot find any web pages that suggest that evictions cannot go ahead if there is a minor living in the property.  Anyone who has watched Can't Pay? We'll Take It Away! will recall that several evictions of families with children took place, entirely legally.

While the evictions were lawful, the broadcast was held not to be in Ali & Anor v Channel 5 Broadcast Ltd [2018] EWHC 298 (Ch) as upheld by the Court of Appeal in Ali & Anor v Channel 5 Broadcasting Ltd [2019] EWCA Civ 677.

Curious minds would like to know what happened?

One suspects being as OP hasn't been back to say that it all went as planned with bailiffs retreating in confusion that it didn't go well.