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Debts And Bailliffs
11 Answers
One of my daughters has had her own home for a few years now.
Her boyfriend has recently moved in with her, he has taken out loans over the last year, and owes money to a few loan companies and various other people, suppliers etc from a company that he has now shut down.
These people, Bailliffs etc, have been to his old office looking for him, and it is only a matter of time before they find him living with my daughter.
I am worried that they will try to take my daughters things to pay off his debts, could they do this, and where does she stand in all this?
He doesn't have a car,The only things that he owns in my daughters house are his clothes, laptop and phone.
Everything else in the house is owned by my daughter, and the house is just in her name.
I have never had any dealings with debts or bailiffs and would really appreciate some advice. X
Her boyfriend has recently moved in with her, he has taken out loans over the last year, and owes money to a few loan companies and various other people, suppliers etc from a company that he has now shut down.
These people, Bailliffs etc, have been to his old office looking for him, and it is only a matter of time before they find him living with my daughter.
I am worried that they will try to take my daughters things to pay off his debts, could they do this, and where does she stand in all this?
He doesn't have a car,The only things that he owns in my daughters house are his clothes, laptop and phone.
Everything else in the house is owned by my daughter, and the house is just in her name.
I have never had any dealings with debts or bailiffs and would really appreciate some advice. X
Answers
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The first thing here is to make clear the difference between debt collectors and bailiffs. Anyone who is owed money can engage the services of debt collectors to pursue those debts, but debt collectors can't take any possessions from a debtor.
Bailiffs can't become involved until after:
(i) the creditor has sought and obtained a County Court Judgement ;
(ii) the debtor has failed to comply with that judgement ; and
(iii) the creditor has then sought and obtained a court enforcement order, permitting him to use bailiffs.
Bailiffs have no powers to take the belongings of anyone other than the debtor. See here:
https:/
Chris
Bailiffs can't become involved until after:
(i) the creditor has sought and obtained a County Court Judgement ;
(ii) the debtor has failed to comply with that judgement ; and
(iii) the creditor has then sought and obtained a court enforcement order, permitting him to use bailiffs.
Bailiffs have no powers to take the belongings of anyone other than the debtor. See here:
https:/
Chris
.
She should keep records and receipts for the things
She should answer the door and not ever let anyone in.
So if her name is say Samantha Sparkles and there is a knock at the door and someone says when SHE answers, 'are you thieving JOhnny ?' she can say No and close the door.
Obviously she should arrange that the boyfren' doesnt appear over her shoulder at the door and say, 'Yeah I am thieving Johnny as it happens, what do you want ?'
The important thing is that she doesnt invite people in 'to discuss it'
See if the program 'the sheriffs' isnt on i-view
She should keep records and receipts for the things
She should answer the door and not ever let anyone in.
So if her name is say Samantha Sparkles and there is a knock at the door and someone says when SHE answers, 'are you thieving JOhnny ?' she can say No and close the door.
Obviously she should arrange that the boyfren' doesnt appear over her shoulder at the door and say, 'Yeah I am thieving Johnny as it happens, what do you want ?'
The important thing is that she doesnt invite people in 'to discuss it'
See if the program 'the sheriffs' isnt on i-view
There is no need to be anxious debts are in the name of the person or persons who arranged them, if this was nothing to do with your Daughter then she is not responsible and her property must not be taken. You do not say if they are county court or high court enforcement officers (bailiffs) your daughter may find HCEO to be more persistent than CCEO, both must make peaceful entry which would include climbing through unlocked windows or entry through unlocked doors. The bailiffs may take the possessions that will inconvenience your Daughter’s friend the most, which may include his car parked on the driveway, do not let them make peaceful entry and keep points of possible entry locked.
Read this
http://
Generally bailiffs have no right of entry, not even through an open window or door; only certain 'types' do - the link will give you all the correct reasons not half cocked ones
http://
Generally bailiffs have no right of entry, not even through an open window or door; only certain 'types' do - the link will give you all the correct reasons not half cocked ones
To outline the behaviour of some bailiffs a few years ago I had a bailiff go into a garage which was unlocked where there was an internal door to the property from the garage which was also unlocked this was considered peaceful entry as was the use of a ladder to an unlocked first floor window.
Once a bailiff has gained peaceful entry they will probably produce a walking possession order which they will ask whoever is present to sign these are the goods they intend to levy and they can then at a later date use force to gain entry on the basis that these are now their (bailiffs) goods, they are restricted on what they can take and the goods must be the property of the debtor, though they may not be to careful over this as they may wish to cause the maximum inconvenience. Most bailiffs are aware of the restriction in their power and some will try to use subterfuge to gain peaceful entry, a favourite is to suggest the matter is private and should be discussed inside, if you accept this they have gained peaceful entry. The first thing to ensure if you anticipate a visit by bailiffs is that the property is secure and do not permit entry for any reason, if they try to use force to make initial entry call the police as this will render the levy illegal. Also do not leave a vehicle on the drive or outside the property but some distance away, bailiffs sometimes work on the lack of knowledge of their powers and the law, which is widespread as you have seen, do not let this affect you.
Once a bailiff has gained peaceful entry they will probably produce a walking possession order which they will ask whoever is present to sign these are the goods they intend to levy and they can then at a later date use force to gain entry on the basis that these are now their (bailiffs) goods, they are restricted on what they can take and the goods must be the property of the debtor, though they may not be to careful over this as they may wish to cause the maximum inconvenience. Most bailiffs are aware of the restriction in their power and some will try to use subterfuge to gain peaceful entry, a favourite is to suggest the matter is private and should be discussed inside, if you accept this they have gained peaceful entry. The first thing to ensure if you anticipate a visit by bailiffs is that the property is secure and do not permit entry for any reason, if they try to use force to make initial entry call the police as this will render the levy illegal. Also do not leave a vehicle on the drive or outside the property but some distance away, bailiffs sometimes work on the lack of knowledge of their powers and the law, which is widespread as you have seen, do not let this affect you.
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