Bailiffs

If the bailiffs arrive on the doorstep for payment of a dept & the person in dept has nothing that he owns can the bailiffs demand payment from another family member,

NO it's not me btw, lol

No, not unless that person is also liable in part for the same debt. I think they can require that things be proved to be owned by another

so always get your car on finance!!

they also can't remove your tools if they are how you make your living I believe. Also, they were going to introduce a load of new prohibitions like they can't take the cooker and fridge etc.

Intelligent people tend to have a conscience so i doubt you will find many of them who are baliffs . There are lots of laws supposedly protecting those in debt but the fact is if you have got no money the law is beyond reach . Ludicrous as it may sound the only people i've ever known to beat the baliffs have done so by resorting to violence . Batter the baliff , get arrested , go to court , and the judge will likely take pity on you .

The Consumer Action Group and the CAB are your friends. The law is on the side of justice and is accessible to all.

the worst of the bailiffs, those that operate on the very fringes of the law, those who have the most complaints about them, are employed by local councils.

Thanks lads, one of the chaps at works son who still lives at home owes several company's quit a lot of money, the only thing he owns is his car, worth about 2/6pence, he's concerned they can turn up & take stuff to the value of.

It's quite likely that they will try. I don't have any experience, and I don't want to cast gloom, but bailiffs aren't known to have too many scruples, so if there's obviously some juicy goods on the property they may simply take them to cover the debt and leave the rightful owner to pursue them for wrongful seizure.

My my advice would be for the father to take care, certainly not leaving expensive goods in easy sight.

Normally, bailiffs are acting on instructions from a court, does the lad have any court proceedings pending? If yes, then the bailiffs will probably be exercising a Distress Warrant meaning the recovery of a court ordered fine or penalty, not just a debt. They will also possibly be entitled to add to the fine/penalty amount, their own charges for carrying out the distress warrant. I imagine it could get nasty for the household.

Once goods have been removed, it would be the devil's only job to get them back. JMHO mind...

It may help your friend to know that any payment offered against a debt cannot by law be refused , so if baliff's arrive and he phone's up and pays a few quid off the debt he might well render their permission to enter void .

And dont voluntarily let them in, under any circumstances. Once in, they can't be lawfully removed.

Its ok for them to trick their way in, so talk to them from an upstairs window.

They can't take anyone else's goods.

Thanks, I'll pass this on in the morning.

Every time you put the Bailiffs off they add the cost of the next visit on to the bill so sometimes it's not wise to mess them about.

It's a strange one at law, the bailiff can only enforce the charge on the discharge of the distress warrant. therefor, ishould he go away empty handed, he would not have discharged the warrant, and thus he would have no entitlement to recover the charges. That's one reason why they're so persistent.

First off, check to see what type of Bailiffs (some have lots more powers to remove stuff) they are, second NEVER let them in (some have powers to enter without permission). Third off, they can only take good from the person who owns the debt (but you have to PROVE who owns what). YES they can take you tools, they can even take the clothes off of your back if they like, but most don't).

If the son owns so much, there are ways around writing off most of the debt.

I think they have some protection in respect of what they take, I've heard the phrase "reasonable evidence" that the goods belong to the debtor, which means nothing. A car parked on the driveway could belong to anyone despite who the keeper and user is on the documents, but they will want to take it nevertheless.

It would be for the rightful owner to then press charges for the wrongful seizure, which would be a nightmare of a process in the courts, I'd imagine.

joinerman said:

If the bailiffs arrive on the doorstep for payment of a dept & the person in dept has nothing that he owns can the bailiffs demand payment from another family member,

NO it's not me btw, lol

Click to expand...

You can make a statutory declaration at a local solicitors (It costs a fiver or so to do it)

You basically declare that none of the items in the household belong to you (the debtor) and they are all the property of (Wife/sister/mother/brother)

Take copies of the declaration and e-mail it & send it recorded delivery to the bailiffs ofice then hand it to the person who arrives at the door and then bid them farewell.

It is of course an offence to make a false declaration but ownership is easily and infomally transferred between parties and is very difficult to prove.

Bailifs are usually thugs I'm afraid to report, many years ago i had dealings with a company over several weeks and they would arrive in ever increasing numbers ....wierdly it always happened when i was playing baseball ?!