Notice of removal of implied right of access
by David Carter on 19 October 2011
This summer we were filmed by the BBC for Inside Out South West. They followed us on a number of cases, including one where the defendant has subsequently issued us with a notice of removal of implied right of access, accompanied by threats of eye-wateringly high penalties for trespass.
We have occasionally come across similar notices from debtors, but not often. However, if you search through the various online groups and forums, you will find many references to this document. As with all these forums, much of the “expert” knowledge provided is flawed and based on inaccuracies.
A High Court writ gives the enforcement officer the right to remain on the judgment debtor’s premises while they are seizing the goods. And, once a walking possession agreement has been signed, the enforcement officer has the right to force entry a second time to inspect or remove the seized goods.
People do all, of course, have the right to remove the implied right of access to prevent people such as cold callers. However, they run the very real risk of committing a criminal offence if they resist or intentionally obstruct an enforcement officer executing a writ!
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Disclaimer: The statements and opinions expressed in this article are those of the author and do not necessarily reflect those of Sheriffs High Court Enforcement Ltd, trading as The Sheriffs Office. Sheriffs High Court Enforcement Ltd does not take any responsibility for the views of the author. The author will not be held responsible for any comments posted by visitors to this site. Please note that this article does not constitute legal advice. The author has used his best endeavours to make this article as accurate and complete as possible, but requests that the reader be aware that the law of England and Wales frequently changes. The author strongly advises the reader to take legal advice before embarking on any enforcement action.
