Loan debt collectors.

[ordy123]

Our 22yr old son, who lives with us, has loan debts. Is he, or our address responsible? ie Could a bailiff remove our belongings for our sons debt??

[TheWinner]

I would say no. Your son owes the money, so the bailiff can't remove your stuff as you don't owe him anything. Ring the National Debtline on 0800 808 4000 for free, confidential advice. I believe they are excellent. Don't be embarassed, there are a lot of people in your situation. Good luck, I hope you are able to support him through this tough time.

[factor-fiction]

Presumably then bailiffs must have difficulty ever getting anything- for example if a husband has a debt he could just say everything in the house belongs to his wife. i

[lcg]

no. absolutely not.

[bednobs]

he owes it. they can take his stuff.

[ummmm]

They can't just come in and take his stuff.

They would have to be let in and make a walking inventory.

The only bailiffs that can get into your house, with police attendance, is court appointed bailiffs.

[ojread2]

and even then they may not have right of access
The police will ONLY be there to keep the peace NOT to gain entry

[tonywiltshire]

In law a private bailiff is required to make peaceful entry which can be by way of an open door or window even if they use a ladder, I am aware of a bailiff entering through an open Garage where there was an internal door, it must be peaceful, force must not be used. Once peaceful entry has been made a bailiff will prepare a walking possession order, which is a list of property owned only by the debtor, which they can seize and they will ask for the list to be signed. Once this is done force can be used to enter on a subsequent visit on the grounds that it is being used to repossess their property. Cars left outside can be taken, if the property of the debtor, and often are as they represent a reasonable amount of money and can cause major inconvenience.
Only the debtor’s items should be taken and anything used for work and fundamental items of cooking and living should not be removed.

In practice a private bailiff may assume you have no knowledge of the law, and may suggest they go inside, you do not want the neighbours to hear, I have the right to enter, I have a van to remove goods if you try to stop me entering, are all excuses I have heard, whatever they say do not let them enter.
If they gain peaceful entry they may list everything that will cause maximum inconvenience irrespective of ownership, which they will sort out afterwards.

Your protection is a basic knowledge of the law, if force is used to try to gain entry call the police; hot days when doors and windows may be left open are a favourite day for gaining peaceful entry.

[lcg]

keep all windows shut and do not answer the door unless you know who it is or have invited someone. if you don't let them in, they can't take stuff....for a while, anyway. as previously stated, only with a court order/warrant and police. they may try to bully you and tell you fibs about their right to entry once you have opened the door, but only if you invite them in. they try to put their foot in the door to stop you closing it, but call the police if they refuse to move as this is harrassment. your son should be able to negotiate with them to reach a settlement, hopefully without any removal of stuff. contact the cab for advice and triple check options on the internet. good luck x