Civil disputes

Getting a vehicle removed from private land can potentially be a complicated matter. However, we would suggest the following:

If the vehicle is in a dangerous condition e.g. it's leaking petrol or contains dangerous items such as gas bottles, we would suggest you contact your local police via 101 or 999 if an emergency response is required.

If you think the vehicle is abandoned, we would suggest you contact your local council via the link below:

GOV.UK - find your local council

Councils must remove abandoned vehicles from both land in the open air and roads (including private roads). However, local council policies differ in relation to this, so we would suggest that the matter is discussed directly with them.

If the vehicle isn't abandoned or in a dangerous condition, you will need to seek legal guidance from a solicitor or the Citizens Advice via the links in the Related Information section. The options here would include obtaining a court order from a civil court for the removal of the vehicle or pursuing a civil action for nuisance against the driver/owner of the vehicle. However, it is worth noting that taking legal action can be a long and potentially expensive process but you may have some cover in relation to this on your house insurance.

Points to note:

• Under no circumstances would we advocate you merely pushing the vehicle onto a road and leaving it there, as you may commit an offence.
• Don't damage/clamp the vehicle or have it removed by a third party without first seeking legal advice. If you do this, you may commit a criminal offence or the owner may pursue a civil action against you.
• You may be able to obtain the cost of having the vehicle removed from the vehicle owner but you will need to speak to your legal advisor about this.

The law states that goods must be either of satisfactory quality, as described or fit for purpose. If goods have been supplied and they are not of satisfactory quality, you are entitled to either a repair, replacement or a refund.

These rights are valid for six years from the time of purchase. The solution offered by the retailer should be proportionate and take into account the usage and amount of time since the product was purchased. This does not include wear and tear.

If the problem has occurred within the first six months, then it is believed to have been supplied in that condition unless the trader/retailer can prove otherwise.

The retailer is entitled to see proof of purchase, which is normally, but not necessarily the receipt.

Trading standards services are delivered by your local authority and consumer concerns should be reported to the Citizens Advice consumer helpline on 0808 223 1133.

Please see the websites in Related Information for more details.

It is always best to agree a price for repairs beforehand, but when such situations arise it could become a civil dispute.

In these circumstances you are entitled to receive a service which has been carried out with reasonable care and skill, within a reasonable time, for a reasonable price.

If you feel that the price is excessive, it would be a good idea to get an independent written estimate of what someone else would charge to do the work.

If you still feel the price is excessive then contact the Citizens Advice consumer helpline on 0808 223 1133.

Many people install CCTV at their properties as a home security measure as it's an effective tool in fighting crime. Where CCTV is in operation and it only captures your home and garden then it will not be covered by the Data Protection legislation. However, if it captures any images outside the confines of your household, such as the street or other houses, the images will be subject to the Data Protection legislation and you will be required to register as a 'data controller' with the Information Commissioners Office.

Steps should be taken to ensure the CCTV is positioned correctly to avoid complaints or in some cases, accusations of violation of privacy or harassment. You may wish to put up a sign on your property informing people that CCTV is in use, although this is not mandatory unless your system records images beyond your own boundary.

In the first instance, it would be advisable to speak to your neighbour to see if it is possible to move the camera so that it does not point at your property. If this is not possible and you want to take further action you would need to seek legal advice from a solicitor.

See the links in Related Information for further guidance on the use of domestic CCTV systems.

Bailiffs, also known as enforcement agents, work on behalf of the courts to collect debt. The last paragraph gives a summary of a bailiff's powers, they have the power to take your possessions in order to sell them and give money to your creditor if you have failed to maintain payments previously.

Whereas debt collectors work on behalf of a creditor or debt collection agency and do not have the same powers as bailiffs so in order to make sure they are legitimate you should ask to see their identity. This could be through seeing proof such as an ID card/badge, a contact telephone number, the company they work for or a detailed breakdown of the debts owed. The key difference is that a debt collector cannot take any of your possessions, but a bailiff can. They can only ask you to make a payment.  If you are suspicious that the person is acting as a debt collector but no ID is produced, this person could be committing fraud and you should contact the company they say they work for.

When property is being seized, it is your responsibility to prove if any property does not belong to you. If you are able to make repayments in cash, you may come to an agreement with the bailiff to make either monthly/weekly payments. If more than £1500 is owed, a percentage of this will be used as an additional payment when necessary each time a visit is needed.

High Court Enforcement Officers - responsible for enforcing High Court orders, will attend your premises at the first opportunity to give you a chance to pay off the debts.
Civilian Enforcement Officers - enforce certain magistrates' and crown court orders and can execute warrants of arrest. They can arrest without notice or give you time to pay the debt.
Certified enforcement agents - hold a certificate granted by the County Court. They can enforce debt from criminal fines, council tax home domestic rates, road traffic, child support etc.

There are rules that set out what a bailiff can and cannot do, please see the list below:

• Must give an enforcement notice of at least 7 days' prior to visiting the home
• Can only enter home by usual means of entry (for example through door, not window)
• Cannot enter homes where only children (under 16 years) are present
• Cannot normally call outside the hours of 6am-9pm
• Cannot enter homes by force (unless unpaid fines from magistrates' courts or with a court order)
• Cannot be used by landlords to seize property as rent arrears, without going to court
• Cannot take household items that are considered to satisfy basic domestic needs such as; cookers/washing machine/fridge/clothing/bedding
• Cannot sell goods retrieved from debtor, unless 7 days have passed since removal
• Bailiffs are now to be responsible for proving to the court that a warrant must be issued in order to access premises that they believe has goods belonging to the debtor.

In some circumstances they may get permission to use reasonable force as entry, this means they can forcibly open a door/ cut a padlock, it does not mean that they can physically force their way past you or climb over walls/through windows to gain access.

For any further queries you can speak to your local Citizens Advice. You will find the link in the related information section, along with other helpful websites.

You should not ignore the debts; they will not go away. It is better to try and negotiate with the creditors.

CCTV cameras are used extensively in England and Wales and contribute to public safety and security and in protecting both people and property. They may be used for several purposes including:

• the prevention, detection and investigation of crime
• apprehension and / or prosecution of offenders (including images being entered as evidence in criminal proceedings)
• public and employee safety
• staff discipline.

When using CCTV cameras in public places there is a duty to comply with the Surveillance Camera Code of Practice. One of the main principles of the Code is that the use of a surveillance camera system must take into account its effect on individuals and their privacy, with regular reviews to ensure its use remains justified.

In situations where there is a particularly high expectation of privacy, such as changing rooms or toilets, the use of CCTV should only be done to address a particularly serious problem that cannot be addressed by less intrusive means. The use of such cameras should also be subject to review at least annually to ensure that it remains necessary.

If cameras are used then the shop/business should display a sign informing members of the public that cameras are in use, allowing an informed decision by the person using the premises.

If you feel that your rights have been violated then you may make a complaint to the manager of the organisation or the Surveillance Camera Commissioner (please see link in related information for information about the Surveillance Camera Commissioner)

A cheque can be 'bounced' for a number of reasons which include,

• insufficient funds in the account its being drawn on,
• it has been cancelled by the drawer (the person who wrote the cheque) or
• a technical reason (unsigned, wrong date, amount etc)
• fraud (maybe it is a stolen cheque).

Usually, if a cheque is 'bounced' the banking institution will write further instructions on the cheque such as 'Refer to Drawer Re-present' or 'Refer to drawer'.

If it states 'Refer to Drawer Re-present' then you can re-present the cheque again up to a maximum of 3 times although the bank does usually re-present the cheque before sending it back to you. Your bank may charge a fee for this.

If it states 'Refer to Drawer' then the cheque is effectively cancelled and cannot be re-presented. You need to get another cheque from the person or get them to give you cash.

If someone you do not know sends you a cheque, then you should wait until it has cleared before drawing out the money or releasing any goods.

Be very clear when speaking to your bank about what you mean. The bank may allow you to draw funds on the cheque before it has cleared so should the cheque subsequently bounce you will be out of pocket.

When you speak to the bank about a cheque clearing, make sure they are aware that you mean that there is no danger of the cheque being returned unpaid and it has been honoured. The only way to really ensure that a cheque has been paid is to ask your bank to 'specially present' the cheque, there will be a charge for this and it may vary from bank to bank. If the cheque is a small amount then it may not be worthwhile but if it is a substantial amount and you are releasing goods then it could be beneficial.

If you suspect that a fraud has taken place, then you should notify your bank who will advise you to report the matter to your local police force. You can do so via 101 and an operator will connect you to the relevant department.

A squatter is a person who lives in a property without the owner's permission. Squatting in a residential property is a criminal offence under the Legal Aid, Sentencing and Punishment of Offenders Act 2012, and carries a maximum penalty of six months' imprisonment, a £5,000 fine, or both. A brief summary of this offence is below:

1. The offence only applies to residential properties (which includes temporary or moveable structures).

2. The squatter must have entered the building as a trespasser (i.e. without the owner's permission); they must know (or ought to have known) that they are trespassing; and they must live or intend to live in the property for any period of time.

3. The squatting offence does not apply to legitimate tenants who fall behind with payments or refuse to leave at the end of their tenancy agreement (even if they leave and re-enter the building). See Q46 and Q47 for further information regarding these situations.

If you find squatters in your home or any other residential building, you should report the matter to your local police force.

Getting the police involved in this type of issue is not always the best thing to do in the first instance, as it can escalate the issue and cause more problems for both parties.

The best thing to do, where possible, is to speak to your neighbour about the problem and try and resolve it between yourselves. If you have tried, or feel that, for whatever reason, it is not an option then you should speak to your local neighbourhood policing team.

If you keep the ball and refuse to give it back then you may eventually end up facing prosecution yourself as you are technically committing theft.