THE PEOPLE v THE BANKS: Conviction beats Eviction

For those dealing with the bailiff mafia check out this definitive case law that will protect you.

Equity aids the vigilant, not he who sleeps on his rights...

A debtor can remove right of implied access by displaying a notice at the entrance. This was endorsed by Lord Justice Donaldson in the case of Lambert v Roberts [1981] 72 Cr App R 223 - and placing such a notice is akin to a closed door but it also prevents a bailiff entering the garden or driveway, Knox v Anderton [1983] Crim LR 115 or R. v Leroy Roberts [2003] EWCA Crim 2753

Debtors can also remove implied right of access to property by telling him to leave: Davis v Lisle [1936] 2 KB 434 similarly, McArdle v Wallace [1964] 108 Sol Jo 483

A person having been told to leave is now under a duty to withdraw from the property with all due reasonable speed and failure to do so he is not thereafter acting in the execution of his duty and becomes a trespasser with any subsequent levy made being invalid and attracts a liability under a claim for damages, Morris v Beardmore [1980] 71 Cr App 256.

Bailiffs cannot force their way into a private dwelling, Grove v Eastern Gas [1952] 1 KB 77

Otherwise a door left open is an implied license for a bailiff to enter, Faulkner v Willetts [1982] Crim LR 453 likewise a person standing back to allow the bailiff to walk through but the bailiff must not abuse this license by entering by improper means or by unusual routes, Ancaster v Milling [1823] 2 D&R 714 or Rogers v Spence [1846] M&W 571

Ringing a doorbell is not causing a disturbance, Grant v Moser [1843] 5 M&G 123 or R. v Bright 4 C&P 387 nor is refusing to leave a property causes a disturbance, Green v Bartram [1830] 4 C&P 308 or Jordan v Gibbon [1863] 8 LT 391

Permission for a bailiff to enter may be refused provided the words used are not capable of being mistaken for swear words, Bailey v Wilson [1968] Crim LR 618.

If the entry is peaceful but without permission then a request to leave should always be made first. Tullay v Reed [1823] 1 C&P 6 or an employee or other person can also request the bailiff to leave, Hall v Davis [1825] 2 C&P 33

Excessive force must be avoided, Gregory v Hall [1799] 8 TR 299 or Oakes v Wood [1837] 2 M&W 791

A debtor can use an equal amount of force to resist a bailiff from gaining entry, Weaver v Bush [1795] 8TR, Simpson v Morris [1813] 4 Taunt 821, Polkinhorne v Wright [1845] 8QB 197. Another occupier of the premises or an employee may also take these steps: Hall v Davis [1825] 2 C&P 33.

Also wrongful would be an attempt at forcible entry despite resistance, Ingle v Bell [1836] 1 M&W 516

Bailiffs cannot apply force to a door to gain entry, and if he does so he is not in the execution of his duty, Broughton v Wilkerson [1880] 44 JP 781

A Bailiff may not encourage a third party to allow the bailiff access to a property (ie workmen inside a house), access by this means renders the entry unlawful, Nash v Lucas [1867] 2 QB 590

The debtor's home and all buildings within the boundary of the premises are protected against forced entry, Munroe & Munroe v Woodspring District Council [1979] Weston-Super-Mare County Court

Contrast: A bailiff may climb over a wall or a fence or walk across a garden or yard provided that no damage occurs, Long v Clarke & another [1894] 1 QB 119

It is not contempt to assault a bailiff trying to climb over a locked gate after being refused entry, Lewis v Owen [1893] The Times November 6 p.36b (QBD)

If a bailiff enters by force he is there unlawfully and you can treat him as a trespasser. Curlewis v Laurie [1848] or Vaughan v McKenzie [1969] 1 QB 557

A debtor cannot be sued if a person enters a property uninvited and injures himself because he had no legal right to enter, Great Central Railway Co v Bates [1921] 3 KB 578

If a bailiff jams his boot into a debtors door to stop him closing, any levy that is subsequently made is not valid: Rai & Rai v Birmingham City Council [1993] or Vaughan v McKenzie [1969] 1 QB 557 or Broughton v Wilkerson [1880] 44 JP 781

If a bailiff refuses to leave the property after being requested to do so or starts trying to force entry then he is causing a disturbance, Howell v Jackson [1834] 6 C&P 723 - but it is unreasonable for a police officer to arrest the bailiff unless he makes a threat, Bibby v Constable of Essex [2000] Court of Appeal April 2000.

Vaughan v McKenzie [1969] 1 QB 557 if the debtor strikes the bailiff over the head with a full milk bottle after making a forced entry, the debtor is not guilty of assault because the bailiff was there illegally, likewise R. v Tucker at Hove Trial Centre Crown Court, December 2012 if the debtor gives the bailiff a good slap.

If a person strikes a trespasser who has refused to leave is not guilty of an offence: Davis v Lisle [1936] 2 KB 434

• Category

  People & Blogs

[ash248901]

You don't own your house if you have a mortgage !! It's a contract you sign for !! Don't pay and ur house is taken !! Not unfair at all !! If you go and borrow money be prepared for the consequences !! Damn right you loose your house !! Pay in time and keep it !

[vigilante33o]

You haven't got a clue what your talking about

[TheBooostt]

why does this guy go on about the police going down in history for doing what they are supposed to ?

[vigilante33o]

because we had faced many evictions where the Police had arrested us and thrown us off the property illegally ... this was the FIRST time the Police assisted us and NOT the bailiff ... which is why we applauded them

[Christian Keenan]

Ash this film is not about taking out a mortgage. It is about the unlawful repossession. Maybe where you live people don't lose the jobs and houses. Where I live they do. Decent people too. Just because Somone falls on hard times doesn't make them a bad person. I you're either young or ver very sheltered and ignorant.

[QuickHomeBuyersUK]

With that many evictions should you not be looking at alternative forms of home ownership?

[Mo0nfrOg]

I really admire this guy for doing his homework and taking them on. See how arrogant and cockey they are? Like that short arsed beer bellied dik could seriously knock him out! Does anyone know of any free sites that can educate you on the laws of debt and dealing with bailiffs etc. I would really appreciate it. I can't seem to find any informative sites that could give me the edge. I am fighting credit card debt. Thanks to anyone in advance who could point me to some educational sites.

[john kane]

well said, sir scouse-alot sorted it out like a noble prince hahahahaha

[adamandeve2006]

I suspect that in the very near future mr higgs will be planted in a shallow grave with a screwdriver up his fuckin nose...just sayin.....

[Caralyn Bowers]

the baliff wearing a flak jacket was obviously out looking for trouble how many people wear a flak jacket to work ?? I'd be ashamed to be the mother or children of those bloody baliffs!!

[neptuneey]

Yayyy Wobbz all good in the hood. Ow is the culdesac kid.. :-)

[William Foster]

Because what they usually do is break the law by either using force to enter a home or stand by and watch the bailiffs do so. The courts only allow a bailiff to enter a home, not to break and enter. Breaking-in i.e. using force when an occupier objects is a criminal offense.

[Wobbly Pod]

It's the Affidavit of Walker Todd.

[Wobbly Pod]

"It's a contract you sign for !!" ... so 2 signatures required on a document (amongst other requirements to a bona fide contract).

You Sir are mis-educated and a danger to commerce and society.

[astrobollox]

get educated on banking systems you fuckin slave sheep prick