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Moon phases
Basic tips for dealing with attempted unlawful entry
2 posters
Page 1 of 1
Basic tips for dealing with attempted unlawful entry
Many people make the same basic mistakes and the key here is knowledge and knowing your lawful rights.
If someone comes to your door and demands entry, what are your rights?
Who are they, this is the first question you should ask and they should provide an official indentity badge, always close the door and keep a pad and pen behing the door and write down the date and time followed by their name and company they work for as this is your written evidence.
If they are a bailiff or enforcement agent they have to provide this upon demand so always demand it and close the door and write this down.
If they are from someone else such as TV licensing they have to provide this identity upon demand so always demand it.
If they refuse to show it then they are not who they claim to be and you simply refuse them entry.
If they come and claim to have a warrant then ask to see it and this should be a paper copy as they always try to fob you off with "its always done electronically now" which is merely an attempt to enter your home unlawfully, and if they actually have a written document then the law allows you to study it and check its validity and authenticate it and this may involve ringing the issuing court so always close the door on them to do this. If they try to stop you from doing this then simply ignore them and close the door, if they put their foot in the door it is also an offence and potentially an unlawful entry and you can use reasonable force to eject them and close and lock the door, wearing boots or stout shoes and kicking them in the shins is reasonable force to prevent an unlawful entry but I prefer work boots with toecaps which are harder.
In simple terms not even the Police, debt enforcement agents, bailiffs, or TV licensing can enter your property unless you consent to it or they have a lawfully issued warrant.
In many cases a bailiff or debt collection agent will call the police and make misleading claims and in many cases the police will attempt to act for them and this is also invalid as this is a civil matter and not a criminal matter and the police have no jurisdiction to act for either party and in many cases the police will use their well trodden diatribes and veiled threats to force you to allow them entry. This is reinforced in law as the police are a third party who cannot act on behalf of a debt collection agent, bailiff, or TV licensing and if they do they can be reported and a civil claim made against them directly, then against the police force under vicarious liability. This is where police corruption is often found and highlighted.
In either case the DCA, bailiff, TV licensing agent or police will try to establish your identity so always refuse this as this is your lawful right, the law says you have the right to remain silent so remain silent. In many cases the police will claim they need your name for their reports, they need it for their purposes and not yours and this is how they often act unlawfully as they write it down and show it to the agents and how they confirm your identity.
They often try to ramp up the pressure and claim you are committing offences such as obstructing a police investigation and this is mere threat and bluff as no criminal offences have been committed and this is a civil matter so there is no criminal offence so no obstruction can occur, they often threaten to arrest you so call their bluff, step outside and lock the door behind you and simply say go on then and bention this will be an unlawful detention and kidnap as well as civil offences such as helping a bailiff gain unlawful entry to your property and you will bring criminal and civil cases against them all.
Why do they try to gain entry? because once a bailiff gains lawful entry they can return and force entry if required and levy on your goods, and they are only intent on gaining entry if they are other people such as TV Licensing to gather evidence against you, so why would you incriminate yourself.
If someone comes to your door and demands entry, what are your rights?
Who are they, this is the first question you should ask and they should provide an official indentity badge, always close the door and keep a pad and pen behing the door and write down the date and time followed by their name and company they work for as this is your written evidence.
If they are a bailiff or enforcement agent they have to provide this upon demand so always demand it and close the door and write this down.
If they are from someone else such as TV licensing they have to provide this identity upon demand so always demand it.
If they refuse to show it then they are not who they claim to be and you simply refuse them entry.
If they come and claim to have a warrant then ask to see it and this should be a paper copy as they always try to fob you off with "its always done electronically now" which is merely an attempt to enter your home unlawfully, and if they actually have a written document then the law allows you to study it and check its validity and authenticate it and this may involve ringing the issuing court so always close the door on them to do this. If they try to stop you from doing this then simply ignore them and close the door, if they put their foot in the door it is also an offence and potentially an unlawful entry and you can use reasonable force to eject them and close and lock the door, wearing boots or stout shoes and kicking them in the shins is reasonable force to prevent an unlawful entry but I prefer work boots with toecaps which are harder.
In simple terms not even the Police, debt enforcement agents, bailiffs, or TV licensing can enter your property unless you consent to it or they have a lawfully issued warrant.
In many cases a bailiff or debt collection agent will call the police and make misleading claims and in many cases the police will attempt to act for them and this is also invalid as this is a civil matter and not a criminal matter and the police have no jurisdiction to act for either party and in many cases the police will use their well trodden diatribes and veiled threats to force you to allow them entry. This is reinforced in law as the police are a third party who cannot act on behalf of a debt collection agent, bailiff, or TV licensing and if they do they can be reported and a civil claim made against them directly, then against the police force under vicarious liability. This is where police corruption is often found and highlighted.
In either case the DCA, bailiff, TV licensing agent or police will try to establish your identity so always refuse this as this is your lawful right, the law says you have the right to remain silent so remain silent. In many cases the police will claim they need your name for their reports, they need it for their purposes and not yours and this is how they often act unlawfully as they write it down and show it to the agents and how they confirm your identity.
They often try to ramp up the pressure and claim you are committing offences such as obstructing a police investigation and this is mere threat and bluff as no criminal offences have been committed and this is a civil matter so there is no criminal offence so no obstruction can occur, they often threaten to arrest you so call their bluff, step outside and lock the door behind you and simply say go on then and bention this will be an unlawful detention and kidnap as well as civil offences such as helping a bailiff gain unlawful entry to your property and you will bring criminal and civil cases against them all.
Why do they try to gain entry? because once a bailiff gains lawful entry they can return and force entry if required and levy on your goods, and they are only intent on gaining entry if they are other people such as TV Licensing to gather evidence against you, so why would you incriminate yourself.
assassin- Admin
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Location : Wherever I Lay My Head
MikeThomas, Mrblue2015 and Mobo like this post
Re: Basic tips for dealing with attempted unlawful entry
Criminal Justice and Courts Act 2015
(4)For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—
(a)he or she exercises a power or privilege of a constable for the purpose of achieving—
(i)a benefit for himself or herself, or
(ii)a benefit or a detriment for another person, and
(b)a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.
(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).
(6)The first case is where—
(a)the police constable fails to exercise a power or privilege of a constable,
(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and
(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.
(7)The second case is where—
(a)the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,
(b)the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and
(c)a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.
(4)For the purposes of this section, a police constable exercises the powers and privileges of a constable improperly if—
(a)he or she exercises a power or privilege of a constable for the purpose of achieving—
(i)a benefit for himself or herself, or
(ii)a benefit or a detriment for another person, and
(b)a reasonable person would not expect the power or privilege to be exercised for the purpose of achieving that benefit or detriment.
(5)For the purposes of this section, a police constable is to be treated as exercising the powers and privileges of a constable improperly in the cases described in subsections (6) and (7).
(6)The first case is where—
(a)the police constable fails to exercise a power or privilege of a constable,
(b)the purpose of the failure is to achieve a benefit or detriment described in subsection (4)(a), and
(c)a reasonable person would not expect a constable to fail to exercise the power or privilege for the purpose of achieving that benefit or detriment.
(7)The second case is where—
(a)the police constable threatens to exercise, or not to exercise, a power or privilege of a constable,
(b)the threat is made for the purpose of achieving a benefit or detriment described in subsection (4)(a), and
(c)a reasonable person would not expect a constable to threaten to exercise, or not to exercise, the power or privilege for the purpose of achieving that benefit or detriment.
daveiron- Admin
- Posts : 4984
Join date : 2017-01-17
assassin, LionsShare and Mrblue2015 like this post
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