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Take No Notice

17th May 2013

There are currently numerous websites and forums which advise debtors to display notices on their property stating that they have withdrawn consent for the bailiff to attend that property and that any future attendance will constitute a trespass.

Such advice is nonsense; bailiffs executing a court warrant have an express right of access which cannot be withdrawn by the debtor. CIVEA is advised that member companies should disregard such notices and continue with enforcement action.

Whilst it would be open to any debtor, in such a situation, to institute court proceedings against the bailiff for trespass they would thus risk significant costs being awarded against them to cover the expense of defending such a pointless and inevitably unsuccessful action. As always, it would be prudent to seek advice from a fully qualified legal practitioner before embarking upon court proceedings.

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