Definition of peaceful entry

[LAWMAN]

What is the definition of "peaceful entry" in relation to Bailiffs?

I understand that they can come in unasked if a door is open. Does "open" mean unlocked and shut or ajar?

Also they can come in through an open window? If the window is on the second floor and ladders are needed to get to it and the window has to be forced wider is that "peaceful entry"?

If whilst at the door a bailiff puts his toe in the door is that peaceful entry? If the door is shut on his toe and hurts him, is that an assault?

If I feel threatened by what he says and he appears forceful and likely to use force is that an assault at common law?

If I have to live in my house with all the windows shut and doors closed and locked all the time despite the weather, am I being harrassed?

The law relating to bailiffs does seem inappropriate in this day and age and I intend stirring things up at MP level. Do you know of anyone else complaining of the bailiffs powers?

Uninvited entry and the taking of goods away without having to prove they belong to a debtor is Nazi/Stalinist/Dickensian in its roots.:rant::rant::rant:

[Amy]

Re: Definition of peaceful entry

What is the definition of "peaceful entry" in relation to Bailiffs?

It is that entry must not be forced. You do not have to invite them in, they can walk through an open door or climb in through a window.

I understand that they can come in unasked if a door is open. Does "open" mean unlocked and shut or ajar?

Both, as long as it is not forced and they do not have to force their way in, the would be called peaceful entry.

If whilst at the door a bailiff puts his toe in the door is that peaceful entry?

No, they are not allowed to do this.

If the door is shut on his toe and hurts him, is that an assault?

He'd have a tough time proving that to be frank.

If I feel threatened by what he says and he appears forceful and likely to use force is that an assault at common law?

Bailiffs like to pretend. They know full well what they are and are not allowed to do, they just hope you do not, so forcing their way into your property is not very likely in all honesty.

If I have to live in my house with all the windows shut and doors closed and locked all the time despite the weather, am I being harrassed?

Yes. You need to take this up with the council since they are vicariously liable and make them call their dogs off. However, if a debt is owed, then repayments should be made towards this. If a debt is being paid, then the council are more likely to listen.

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents this link gives quite a lot of advice.