Enforcement Agents Legal Powers

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Summary

Enforcement agents in England have the power to enter properties, use reasonable force, and sell goods to recover debts. They can only take control of goods that belong to the debtor. If a vehicle or other goods are not registered in the debtors name, and ownership can be proven, enforcement agents should not remove them. The debtor usually has to prove ownership. If enforcement agents wrongfully remove goods, they could be liable, and the debtor may sue for damages. Representing oneself in court is possible, but understanding court protocols is crucial. Free legal advice services like Citizens Advice Bureau, Law Centres Network, and Bar Pro Bono Unit can provide assistance. If a judge misinterprets case instructions, it may be grounds for appeal, but proving significant impact on the outcome is necessary.

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when a vehicle is not in your name can they remove it
Enforcement agents can only take control of goods that belong to the debtor. If the vehicle is not registered in your name and you can prove it belongs to someone else, they should not be able to remove it.
i dont have to prove anything they do
In England, the onus is usually on the debtor to prove that the goods don't belong to them. However, enforcement agents are expected to make reasonable enquiries if there's doubt about who owns the goods.
as i say i have a right to remane silent and if they take goods not own by me they are liable
Yes, you have the right to remain silent. If enforcement agents remove goods not owned by you, they could potentially be liable. However, providing evidence of ownership could help avoid disputes.
but i would then prefer to sue then for damages
If you wish to sue for damages, you should:
- Gather all relevant evidence (photos, receipts, etc.)
- Contact a solicitor
- File a claim in the county court
Remember, the court process can be complex and lengthy, so professional legal advice is recommended.
dont wish to use a solictor as the just solicit money from you
Understood. You can represent yourself in court, known as a 'litigant in person'. However, understand that:
- You must comply with court protocols.
- Legal advice can be beneficial.
- Some courts provide free legal advice services.
Would you like information on these services?
yes
Here are some free legal advice services in England:
- Citizens Advice Bureau: www.citizensadvice.org.uk
- Law Centres Network: www.lawcentres.org.uk
- Bar Pro Bono Unit: www.barprobono.org.uk
They can help you understand the court process and your rights.
They have a lot to chew over, the deputy judge errored taking the hearing when their was instructions to the case - i wonder how that washes?
If a judge misinterprets the instructions of a case, it may be grounds for appeal. However, you need to prove that the error had a significant impact on the outcome. Consider seeking free legal advice from sources provided earlier.
deputy judge errored taking the hearing when their was instructions to the case
If you believe that the deputy judge erred, you may be able to appeal the decision. However, you need to show that the error significantly impacted the case's outcome. This process can be complex, so consider seeking free legal advice.