You are living in fear in your own home
The Human Rights Act 1998 came into force on 2 October 2000 protecting members of the public from any public authority acting incompatibly with a convention right.
A public authority is not acting incompatibly with a Convention right unless legislation says it could act in another way, or it is not acting lawfully.
This applies to any debt where the creditor is a council or government body: such as the enforcement of:
You can apply for an injunction if:
When specifying the grounds of the application, you must include:
Procedure
Tell the bailiff and the council why they are in breach of Section 6 of the HRA, if appropriate, give an alternative way the council could act and set a deadline to comply
Take a screenshot of the sent email to record the date and time it was givenThe Law:
Section 6 of the Human Rights Act 1998 states:
Acts of public authorities.
(1)It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
(2)Subsection (1) does not apply to an act if—
(4)(Repealed)
(5)In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private.
(6)"An act" includes a failure to act but does not include a failure to—
(1)It is unlawful for a public authority to act in a way which is incompatible with a Convention right.
(2)Subsection (1) does not apply to an act if—
(a)as the result of one or more provisions of primary legislation, the authority could not have acted differently; or
(b)in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.
(3)In this section "public authority" includes—
(a)a court or tribunal, and
(b)any person certain of whose functions are functions of a public nature,
but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.(4)(Repealed)
(5)In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private.
(6)"An act" includes a failure to act but does not include a failure to—
(a)introduce in, or lay before, Parliament a proposal for legislation; or
(b)make any primary legislation or remedial order.
This does not apply when the debt is genuine and the council is unable to recover the amount outstanding using a non-confrontational enforcement method.
Council tax, court fines and traffic debts all have other enforcement measures available to authorities that do not involve confrontation at debtors homesThe Law:
Article 1 of Schedule 1 of the Human Rights Act 1998 states:
Protection of property.
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.
Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.