ChatterBank0 min ago
Do Baliffs have the right ?
Hi Folks,
My friend has just split with his wife and is now staying with another friend of ours, this other friend owes alot of money to various companies, the friend who owns the flat has received a final demand letter stating they are coming with a van to take goods to the value of his debts, now my friend who has just moved in has obviously got his own personal belongings in his room, are the baliffs allowed to gain access to his room and take his belongings ?
Do balliffs also have the powers to gain access to the property if there is no one at home ?
My friend has just split with his wife and is now staying with another friend of ours, this other friend owes alot of money to various companies, the friend who owns the flat has received a final demand letter stating they are coming with a van to take goods to the value of his debts, now my friend who has just moved in has obviously got his own personal belongings in his room, are the baliffs allowed to gain access to his room and take his belongings ?
Do balliffs also have the powers to gain access to the property if there is no one at home ?
Answers
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No - bailiffs cannot enter a property if there is nobody at home unless they have gained 'peaceful entry' the first time round. i.e if you let them in once, they may be able to break in on subsequent vists.
If bailiffs turn up, make sure all doors and windows are locked and speak to them through the letterbox or an upstairs window. They are allowed to enter through open doors or windows
They are not allowed to take goods belonging to anyone else although how you would prove who owns them I'm not sure. The first time bailiffs come in, they should do a 'walking possession order' where they basically make a list of all the goods and the value. They will then leave the goods where they are and make an arrangement with you for repayment of the debt. If this is not adhered to, they can return and remove the goods listed previously.
Lots of helpful info can be found here: http://www.insolvencyhelpline.co.uk/debt_basic s/bailiff-guide.php
If bailiffs turn up, make sure all doors and windows are locked and speak to them through the letterbox or an upstairs window. They are allowed to enter through open doors or windows
They are not allowed to take goods belonging to anyone else although how you would prove who owns them I'm not sure. The first time bailiffs come in, they should do a 'walking possession order' where they basically make a list of all the goods and the value. They will then leave the goods where they are and make an arrangement with you for repayment of the debt. If this is not adhered to, they can return and remove the goods listed previously.
Lots of helpful info can be found here: http://www.insolvencyhelpline.co.uk/debt_basic s/bailiff-guide.php
It depends on what this debt is. If it is a civil debt (i.e. the creditor has obtained a County Court Judgement and is enforcing it because the debtor has defaulted on the terms of the judgement) then the above advice is correct.
If it is a magistrates court fine then in some circumstances they can break in on a first visit.
If they do get in they will go through the whole property. They tend not to take much notice of people saying that particular items are not owned by the debtor, although they are only supposed to take the debtor's possessions. If they do try to take any other, it may be necessary for whoever owns them to do a statutory declaration of ownership, which should put them on notice and make them more careful. But it would be best if receipts or credit card statements showing ownership could be produced.
If it is a magistrates court fine then in some circumstances they can break in on a first visit.
If they do get in they will go through the whole property. They tend not to take much notice of people saying that particular items are not owned by the debtor, although they are only supposed to take the debtor's possessions. If they do try to take any other, it may be necessary for whoever owns them to do a statutory declaration of ownership, which should put them on notice and make them more careful. But it would be best if receipts or credit card statements showing ownership could be produced.
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