Author Topic: Help re an eviction notice while abroad  (Read 560 times)

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Southpaw82

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Re: Help re an eviction notice while abroad
« Reply #30 on: November 14, 2023, 03:46:57 pm »
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.

PeacefulWarrior

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Re: Help re an eviction notice while abroad
« Reply #31 on: November 14, 2023, 03:56:32 pm »
He who knows, does not speak. He who speaks, does not know.

Lao Tzu

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Re: Help re an eviction notice while abroad
« Reply #32 on: November 14, 2023, 04:04:44 pm »
Quote
This only leads to other people bowing their heads in front of injustice
I'm not sure anyone was advocating bowing heads in front of injustice. Most of the comments seemed to come from a place of genuine concern for the wellbeing of your children, who appeared to be facing the very real threat of a HCEO forcing entry, without anyone older than 18 present.

cp8759

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Re: Help re an eviction notice while abroad
« Reply #33 on: November 14, 2023, 04:18:41 pm »
He who knows, does not speak. He who speaks, does not know.
On a legal advice forum, someone who knows and doesn't speak would be pretty useless.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order
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PeacefulWarrior

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Re: Help re an eviction notice while abroad
« Reply #34 on: November 14, 2023, 05:05:26 pm »
Hahahaha...good one and fair enough. I guess the saying could be amended for the legal forums as such:


He who knows, does not speak about things he knows little about. He who speaks when knowing little, does not know when to be quiet.


Southpaw82

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Re: Help re an eviction notice while abroad
« Reply #35 on: November 14, 2023, 05:13:56 pm »
Hahahaha...good one and fair enough. I guess the saying could be amended for the legal forums as such:


He who knows, does not speak about things he knows little about. He who speaks when knowing little, does not know when to be quiet.

Are you suggesting I donít know what Iím talking about?

PeacefulWarrior

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Re: Help re an eviction notice while abroad
« Reply #36 on: November 14, 2023, 05:52:43 pm »
Not suggesting anything. Just answering to cp8759  :)

PeacefulWarrior

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Re: Help re an eviction notice while abroad
« Reply #37 on: November 14, 2023, 06:05:02 pm »
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.

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.'

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?

cp8759

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Re: Help re an eviction notice while abroad
« Reply #38 on: November 14, 2023, 06:13:46 pm »
No, what is reasonable force is for the court to decide, not a well-meaning charity.

There have been occasions where HCEOs have carried out evictions by gaining entry with crowbars, chainsaws, it all depends on the circumstances. In one particular gypsy camp eviction in Essex they sought assistance from the police who barged in first, tasers drawn.
I am not on the "motorists's side", nor am I on the "police/CPS/council's" side, I am simply in favour of the rule of law. Section 6 of the Interpretation Act 1978 applies to everything I post as it would apply to an Act of Parliament. I am a Conservative councillor, this means some people think I am "scum". I am not a lawyer.

Quote from: 'Gumph' date='Thu, 19 Jan 2023 - 10:23'
cp8759 is, indeed, a Wizard of the First Order

PeacefulWarrior

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Re: Help re an eviction notice while abroad
« Reply #39 on: November 14, 2023, 06:52:16 pm »
Yes, I can imagine. Having lived not far from a neighborhood predominantly populated by gypsies, I know they are usually proud, independent people, who don't take kindly to intimidation. Bailiffs would not be able to scare them. But that would be a totally different can of worms in itself, that I would rather leave unopened.
In my case, we are talking about a 15 yo minor alone on the premises. While a pending N244 was in the Court. Hardly any reasons for using unreasonable force like breaking doors down to smithereens'. I am still searching for the exact link to the bit of legislation that says something about agents not being allowed to proceed when that is the case. I'm sure I will soon find it, just need some more time. 

Southpaw82

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Re: Help re an eviction notice while abroad
« Reply #40 on: November 14, 2023, 06:53:01 pm »
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.

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.'

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?

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 itís not voluntary. At least you now accept that they can force entry.

M60NJP

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Re: Help re an eviction notice while abroad
« Reply #41 on: November 15, 2023, 05:09:26 am »
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.

DancingDad

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Re: Help re an eviction notice while abroad
« Reply #42 on: November 15, 2023, 09:24:13 pm »
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.

rosywillow

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Re: Help re an eviction notice while abroad
« Reply #43 on: November 15, 2023, 09:39:22 pm »
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.

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.'

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?

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.