By LadyFahrenheit - 10/07/2013 00:14 - United Kingdom - Hull
LadyFahrenheit tells us more.
I just want to give more of an insight of the events surrounding the bailiff intrusion. A couple of weeks prior to finding them in my kitchen, I received a letter from an electricity company, which was intended for another customer. I contacted the electricity company to inform them I had received a letter for someone else, and they assured me that they would rectify their mistake. Fast forward a fortnight - I found bailiffs in my kitchen. They had picked the lock to gain entry, and had a search warrant, which they claimed gave them the right to enter my home. However, once I told showed them my I.D. and informed them their search warrant was invalid since I wasn't who they were looking for, they soon left. It baffles me how they could say it was so easy to open my front door, when they'd opened it with locksmith tools. I'm definitely going to have to improve my home security to avoid another incident like this.
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There's a particular sort of bailiff (Sherrifs) who have more powers granted by the High Court to enter premises and seize goods. However, even they are not legally allowed to enter a private residence without consent. Some Bailiff companies try to intimidate people into allowing them to take all sort of illegal actions. You should report this to the police as an attempted burglary.
Bailiffs? Wtf? You mean the fat security guards in the court rooms? I didn't know they worked outside the court.
Trespassing, unfortunately, is not a criminal offence, though several things do become illegal if one is trespassing. This would, however, be breaking and entry, and probably burglary, as they cannot legally remove goods if they have forced an entry, so picking a lock would make the intent of so doing a conspiracy to commit theft.. You really should talk to the police OP - there are way too many bailiffs pulling this kind of shit.
A bailiff may visit your home if you don’t pay your debts - eg a Council Tax bill, parking fine, court fine or county court judgment. This will happen if you ignore reminder and warning letters, saying that bailiffs will be used. You can stop bailiffs from visiting by paying the money you owe. Talk to the person or business you owe money to as soon as possible to get advice on how to pay your debt. Dealing with bailiffs In most cases, you don’t have to open your front door to a bailiff or let them in. Bailiffs are not usually allowed to force their way into your home - eg by pushing past you, or putting their foot in the door. However, if you don’t let them in or agree to pay them: they can charge you more fees you could end up owing even more money they could take things from outside your home - eg your car If you do let them in, but don’t pay them, they may take some of your belongings. They could sell the items to pay the debt and cover their fees. Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort. From the UK Gov website.
I know this FML is from a long time ago, but I know something that would work better. Yes, more locks, but also a trick. Buy 3 key locks. Whenever you leave the house, only lock 2. The person trying to get in will try to pick all three, locking one of them. Be sure to keep a secret lock somewhere on a window or something in case you forget which ones you locked.
I'm pretty sure no one is aloud to do that. Well, I guess the police could, but then again, they'd just kick the door down.
The rules for an officer entering someone's home are somewhat complex. Basically, they would need reasonable cause to believe someone's life were directly in danger, otherwise they would need to come back with a warrant. It's a bit of a double edged sword, but in the interests of protecting the rights of the general public.
And they probably went through some of your stuff. I'd be a but inspect over someone breaking in and whatnot.
How does that saying go? "You can pick your friends and you can pick your nose... But, if people are picking your locks, get a better security system." Something like that.
Umm, you have no right to be here. You have no warrant. You have no authority over me. You are trespassing on private property. You are unwelcome in my home. *chik chik* Get the FUCK out before I shoot you for refusing to leave! Somewhere else you might get shot without any questions asked and it would be legally justified.
Whilst you may be able to do this in the US (unless they are plain clothes police, in which case they'll just kill you), shooting intruders in the UK is legally dicey, as Tony Martin found out. Though farmers can probably get away with shooting them in the back, particularly if they are Roma or other travelling folk, and some millionaire Tory ministers seem to think intruders are fair game.
If someone is in your home, and is refusing to leave, you can reasonably consider them a threat to your person, your home, or your family. It is not excessive to back someone out your front door with a gun if they have broken into your home. I don't know who this person is, and they have no right or reason to be here. They could or could not be armed as well. See, in the US, we have something called "civil rights". One of those essential rights is freedom from unnecessary search or seizure. Bring a warrant, or I am fully within my rights to defend my home from illegal entry by any means I see fit. They would be an unwelcome intruder in my home with no reasonable purpose being there.
If someone is in your home, and is refusing to leave, you can reasonably consider them a threat to your person, your home, or your family. It is not excessive to back someone out your front door with a gun if they have broken into your home. I don't know who this person is, and they have no right or reason to be here. They could or could not be armed as well. See, in the US, we have something called "civil rights". One of those essential rights is freedom from unnecessary search or seizure. Bring a warrant, or I am fully within my rights to defend my home from illegal entry by any means I see fit. They would be an unwelcome intruder in my home with no reasonable purpose being there. No police officer has the right to even enter your home without a warrant. If they were to force entry as the gentleman in this post did, that would be considered trespassing, and you would be fully within your rights to defend yourself with a firearm. It does not matter if the doors and all the windows are wide open. It's illegal and is considered home invasion nonetheless.
Also, in many states, there is something called "Castle Law". A man's home is his castle. Your private property belongs solely to you, not the state, not the nation, nobody but you. It is your own piece of sovereign land, and you have the right to defend it from illegal intrusion. And please don't try and tell me about the UK's gun laws. I have lived in the UK and it is crime-ridden and scary. It has a MUCH worse violent crime rate than the US, and the citizens have been deprived of the means to defend themselves. There are orders of magnitude more cases of legal self defense with firearms in the US than there are gun murders. In contrast, a man can walk down the street with a machete in the UK and hack innocent people apart, and everyone has to cower in fear instead of a responsible carrier simply eliminating the threat. No thanks guys, I'd rather have the means to defend myself than live in fear of an armed home invasion or psycho walking down the street with a knife.
#31, It's not home invasion. Home invasion is entering a residence you know to be currently occupied (people have to be home). It's criminal trespass or burglary (if you can prove they entered to commit any felony). I haven't lived in the UK, but I live in Chicago, which has some of the strictest gun laws in the nation, and a higher gross murder rate than NY city.
If you look at the statistics and stop listening to hearsay, you'll find that the places that allow gun ownership have a MUCH lower crime rate than those that ban guns altogether. If you haven't noticed yet, Chicago is the laughing stock of the country. You have crime problems because nobody can defend themselves. Guns used in crimes are not legally obtained or owned by law-abiding citizens. All Chicago has managed to do is ensure that only the criminals have guns.
For some reason I don't seem to think that gang bangers will suddenly give up their own firearms because the "law" says so. Last time I checked, that's what makes them criminals. You can walk down nearly any street in Chicago and purchase a black market hand gun. But legal citizens can barely own anything, much less something that is suitable for their own defense. See what's happened there? It's easier for the criminals to get guns than the law-abiding citizens just trying to protect their homes.