News1 min ago
Can Debt Collectors Force Entry?
https:/
...wrong home in this case but I was under the impression that only high court bailiffs could force entry anyway.
...wrong home in this case but I was under the impression that only high court bailiffs could force entry anyway.
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If a gas supply was to be cut off, then there would be a legal duty upon the operator to ensure that any gas meter and gas appliances were appropriately labelled. (They need to be clearly marked, in order to ensure that they're not left turned on at a time when the supply is subsequently restored. If they were, the property could fill with gas, with a consequent risk of explosion). So representatives of the gas company could seek a warrant, under the provisions of the Rights of Entry (Gas and Electricity Boards) Act 1954, to enter the property.
However it has to be remembered that trespass is not a criminal offence anyway (other than in certain specific circumstances, which aren't relevant here). If you leave you home not properly secured (e.g. by leaving a door or window open or by leaving a spare key where it can be found), anyone can legally walk into your home if they've not got any intent to harm you and/or steal or damage anything inside. That equally applies to anyone who owns a set of skeleton keys, as may have been the case here.
However it has to be remembered that trespass is not a criminal offence anyway (other than in certain specific circumstances, which aren't relevant here). If you leave you home not properly secured (e.g. by leaving a door or window open or by leaving a spare key where it can be found), anyone can legally walk into your home if they've not got any intent to harm you and/or steal or damage anything inside. That equally applies to anyone who owns a set of skeleton keys, as may have been the case here.
A link to prove my point about it not being illegal to enter someone else's home without their permission:
https:/
https:/
I'm talking about "forced" entry. Yes no doubt there are times when there is authorisation that's why I mentioned High court Bailiffs, like those in CPWTIA, roadman. potential gas leaks, right but standard debt collectors? In the general scheme of things in most cases, surely they cannot force entry.
The content of your link appears to be contradictory, Kardashev.
Quote 1: "Scottish Power debt enforcers have been caught on camera breaking into a woman's flat . . . "
Quote 2: " . . . she saw there were two men at the door and she realised they were trying to break into the flat . . . "
Quote 3: "Doorbell video footage shows two uniformed men tampering with locks before going into the flat".
However, IMPORTANTLY, . . .
Quote 4: "If it hadn't been for the video footage, nobody would have known anyone had been in this flat"
That strongly suggests to me that the flat WASN'T broken into. (i.e. that there was NO forced entry and thus no visible damage to indicate that anybody had been inside). The 'tampering with locks' bit probably just referred to the guys trying loads of keys from their big bunch of them. Once they'd found a key that fitted, they entered in just the same way as anyone else would. That's perfectly legal.
Quote 1: "Scottish Power debt enforcers have been caught on camera breaking into a woman's flat . . . "
Quote 2: " . . . she saw there were two men at the door and she realised they were trying to break into the flat . . . "
Quote 3: "Doorbell video footage shows two uniformed men tampering with locks before going into the flat".
However, IMPORTANTLY, . . .
Quote 4: "If it hadn't been for the video footage, nobody would have known anyone had been in this flat"
That strongly suggests to me that the flat WASN'T broken into. (i.e. that there was NO forced entry and thus no visible damage to indicate that anybody had been inside). The 'tampering with locks' bit probably just referred to the guys trying loads of keys from their big bunch of them. Once they'd found a key that fitted, they entered in just the same way as anyone else would. That's perfectly legal.
Yet again, the content of the BBC page is confusing.
The guys who entered the property are referred to as 'debt collectors' but that doesn't make a lot of sense. Debt collectors can't seize goods, only bailiffs can. Further, it's suggested that they were looking for a gas meter, which would seem to indicate that they were actually employees of Scottish Power who were seeking to follow the correct procedure for cutting off the supply (as per my post at 1011).
The guys who entered the property are referred to as 'debt collectors' but that doesn't make a lot of sense. Debt collectors can't seize goods, only bailiffs can. Further, it's suggested that they were looking for a gas meter, which would seem to indicate that they were actually employees of Scottish Power who were seeking to follow the correct procedure for cutting off the supply (as per my post at 1011).
yes, that mght explain it. I see in the story it links to
"The firm said the errors arose from a lack of actual meter readings but accepted it had failed to follow the correct procedures in trying to remedy the dispute."
So there are procedures, and it didn't follow them.
The links in that story, and in the stories they link to in turn, are not pelasant reading.
"The firm said the errors arose from a lack of actual meter readings but accepted it had failed to follow the correct procedures in trying to remedy the dispute."
So there are procedures, and it didn't follow them.
The links in that story, and in the stories they link to in turn, are not pelasant reading.
O god - punters - look and listen!
this is the usual question of - [Beeb clip]
"I wanna know" says outraged K ( like K in metamorphosis) "if dey can use tanks and poison gas to collect debts!"
no they cant by the way
Chris BuenChic points out they are after gas meters and are allowed to force entry to find and turn off
and noooooo they arent allowed to force entry into someone else's property and ARE liable for damage if they do - which they have paid. So we are agreed on that one.
but K ( like the one from Metamorphosis) aint satisfied
"I wanna know if radio-active do-dos and bombing is allowed in Scotland! Can they suffocate and eat babies whilst they work ? "
someone points out that radioactive do-dos were NOT used and there was no bombing....No Babies eaten or half-eaten were seen in the video.
K comes back with" I wanna know if the Red Army has extranational powers to...."
They arent debt collectors, they arent high court officials, they arent ambassadors' servants. they arent the Red Army - there is no point asking what those powers are.
My brother had tenants where the Gas Board had a carpenter take garage doors off and replace) in order to get at meters for unpaid gas and elec
- "I would have given them the keys."
they are not obliged to ask the landlord
can we try to keep a grip on our racing imaginations please
the excitement is too much for me
this is the usual question of - [Beeb clip]
"I wanna know" says outraged K ( like K in metamorphosis) "if dey can use tanks and poison gas to collect debts!"
no they cant by the way
Chris BuenChic points out they are after gas meters and are allowed to force entry to find and turn off
and noooooo they arent allowed to force entry into someone else's property and ARE liable for damage if they do - which they have paid. So we are agreed on that one.
but K ( like the one from Metamorphosis) aint satisfied
"I wanna know if radio-active do-dos and bombing is allowed in Scotland! Can they suffocate and eat babies whilst they work ? "
someone points out that radioactive do-dos were NOT used and there was no bombing....No Babies eaten or half-eaten were seen in the video.
K comes back with" I wanna know if the Red Army has extranational powers to...."
They arent debt collectors, they arent high court officials, they arent ambassadors' servants. they arent the Red Army - there is no point asking what those powers are.
My brother had tenants where the Gas Board had a carpenter take garage doors off and replace) in order to get at meters for unpaid gas and elec
- "I would have given them the keys."
they are not obliged to ask the landlord
can we try to keep a grip on our racing imaginations please
the excitement is too much for me
The usual process with energy companies dealing with debt in domestic premises is to secure a Warrant of Entry from the Magistrates' Court. They then enter - usually with the help of the police if necessary or by force as a last resort. They then fit a prepayment meter set at a rate to supply new energy but also to recover the debt.
// does that mean that if they're under the impression you haven't paid a bill, they can walk into your property and switch the gas off? //
poison the dog - carry off the baby, ransom the baby sitter and threaten your granny
just because you didnt pay for a cox's orange pippin in the local supermarket - Well done Chris keep it up
BG has a complaints procedure which I am following at this very time with a bot named Karen McClintock - Hi Karen! - they didnt tell me I was in debt before affecting my credit rating
No big men in boots but still a pain in the butt
pay the bill, and read your mail - of they send it of course
poison the dog - carry off the baby, ransom the baby sitter and threaten your granny
just because you didnt pay for a cox's orange pippin in the local supermarket - Well done Chris keep it up
BG has a complaints procedure which I am following at this very time with a bot named Karen McClintock - Hi Karen! - they didnt tell me I was in debt before affecting my credit rating
No big men in boots but still a pain in the butt
pay the bill, and read your mail - of they send it of course
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