Mortgage Fraud 101: Case Law on Forced Entry by Bailiff and Police

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Mortgage Fraud 101: Case Law on Forced Entry by Bailiff and Police

Here are some essential pieces of case law, which should be used to deal with a bailiff and police, who claim they have the right to force entry into your property, without a valid warrant, order or debt.

A bailiff may not encourage a third party to allow the bailiff access to a property (i.e. Workmen inside a house or a police officer), access by this means renders everything that follows invalid.

Nash v Lucas [1867] 2 QB 590.

A debtor can lawfully use reasonable force in removing a bailiff without a levy that has refused to leave, the bailiff resisting is the person guilty of a breach of the peace.

Green v Bartram [1830] 4 C&P 308.

If police are present, the bailiff is the person that police should arrest.

Foulkes v Chief Constable of Merseyside Police [1998] 3 All ER 705 and section 26(5) of the Criminal Justice and Courts Act 2015.

If a bailiff jams his boot into a debtor’s 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.

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.

R. v Tucker at Hove Trial Centre Crown Court, December 2012.

If a person strikes a trespasser who has refused to leave he is not guilty of an offence.

Davis v Lisle [1936] 2 KB 434.

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