bailiffs

[123bernadett]

can they take my and my daughters property for my husbands unpaid debts and can we stop them coming into our home?

[Loosehead]

No they can't and you do not have to let them in and they cannot force entry without a special court order.

[Harley]

In my job I have had many dealings with bailiffs. They are bullies who will use any underhand tactic to get the money. Do not let them into your home under any circumstances.

[themas]

I assume the debts are in your husband's sole name.

Creditors may use underhand tactics and send people (not bailiffs) to the house with all sorts of threats before they have been to Court. Do not let them in. Their threats are empty ones. Do not let them bully you into giving them anything.

A creditor can go to Court and get a County Court Judgement against your husband. If he does not comply with the terms of the judgement the creditor can return to Court to enforce the judgement. That can then lead to bailiffs coming to the house. The first time they come they cannot come in unless you let them in or they can get in through an unlocked door or window. So do not leave anything open & do not let them in - they cannot push past you at the door. But they can take possessions which are outside the house (eg your husband's car, or items in an unlocked garage).

If they do get in they can only take your husband's property - not yours or your daughter's. But you may have difficulty proving something is yours unless you have receipts.

Your husband could go to the CAB, or Payplan or CCCS for help sorting his debts out.

[jason1980]

Only if the property was bought on credit from the people your husband owes money to.

You could put the items in storage if you knew when they were coming, but you dont have to let them in to your home if they come without police. AND if they are persistant you can lay a claim for harrassment.

Also there is little they can do if you are making the companies you owe money to regualr payments of something like �5 a month each until your financial circumstances change, that way you have to sit out the bullying but theres little could be done in court and you are still paying for the goods. If you are married they aren't just your husbands debts until he leaves the property and takes them with him, marriage is a legal acceptance of joint in the eyes of creditors regardless of his or your name.

[themas]

Jason

You say a married person can be responsible for their spouse's debts. This can only happen if the debt was taken on in joint names. In bernadett's case, if the debts are in the husband's sole name, legally he is solely responsible, the wife cannot be made responsible and should not accept responsibility.

It is possible for bailiffs to be instructed and come even if payments are being made. It depends on what payments are due under the County Court Judgement. For example, if this requires �10 per month, then so long as that is paid on time every month the creditor can do nothing. But if just one payment is missed or late, the creditor can go back to Court and get an order entitling a bailiff's visit.