Under what circumstances is it legal to seize property in order to recover a debt?

Question

This question relates to U.K. law.

I am owed a small amount of money by someone who is rather lax about home security. I could probably enter his house through an open door, take a laptop or mobile and send a letter stating that I would return the item on payment of the money that he owes me.

I realise the onus might be on me to prove that the money is owed, but there is an unpaid invoice and a recorded letter stating that I intended to take further action in order to recover the debt. If my proposed action is illegal, what law does it violate? It would not be theft since I have no intention of permanently depriving the person of his property. It would not be breaking and entering if I entered through an open door.

Under these circumstances would it also be legal to snatch someone's mobile phone in the street?

An answer with a reference would be appreciated.

Answer 1

Your theory would have you arrested for breaking and entering... or trespassing, one or the other...

If you contact debt recovery companies generally speaking you pay them X amount and they do not guarantee the collection.

Legally your options are taking him to the small claims court

Illegally, I'd swipe items to the value of from him

Answer 2

You would need a warrant from a court and also an order from the court to seize goods to the value of ????, plus you would need to be a registered bailiff.

If you don't then you would be in the wrong and leaving youself open to: Breaking and Entering, Theft, Burglary, Harassment etc etc.

Use the legal channels open to you, if not, you could end up locked up.

Answer 3

It is not breaking and entering bgut it is trespaaing and theft so you will get done for it. You have to go through the right channels unfortunately - go see a solicitor it will cost you but if you win which you should having an invoice you will get the legal costa paid by them. Failing that you could hire some heavys to go round and threaten to break their legs and see what happens ha ha!!!

Answer 4

You can only take property with a court order. Without it anything else could be theft, then you would be the one with the problems and a police record!

Answer 5

You still need to go through the same legal channels, they need to have been sent a couple of reminders, then you can send the baliffs in. You go into the property to try and do it yourself, you just open yourself up to the owner turning the tables and having you put in jail,

Answer 6

How truly terrifying maximum of those solutions are. Why do those solid individuals no longer decide for his or her fellow electorate to a minimum of be tried for interfering with Bush's benevolence in Iraq? Why do those solid individuals help the administrative branch appearing judicially? i think the seizure of sources on drugs replaced right into a Reagan crime, yet even no count if it is a democractic attack on the form , how does this justify yet another? Are individuals so brainwashed for Bush, so uninformed approximately their own background and their own values, that in spite of Bush does is comfortable with the help of them? is this the end results of being scared???? chickens particular are risky. Sorry approximately your dad.

Answer 7

This falls under possession being 9/10 of the law.
If the laptop was already in your possession, you can hold it for payment
BUT
If you remove it from his property or take it on the street, it is theft.

Answer 8

dont be a womble id say the law is the same the world over when it comes to invading anothers home or robbing them of there possisions on the street stop playing with your penis and get your act togeather and just SMASH EM you a man or a mouse?do you want some cheese?