How to avoid bailiffs taking parents possessions

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DopeyTom
DopeyTom Posts: 26 Forumite
edited 19 February 2017 at 10:51AM in Debt-free wannabe
Hi,
I am currently living with my parents & I have debts.
I'm worried that bailiffs will come to their house & take their possessions (they will not be able to prove ownership of anything).
Can we simply tell the Bailiffs that I don't live there anymore or should I move out?
I'm not linked to the address by the electoral register but I used this address when applying for the credit cards / overdraft (which I ended up defaulting on), & recently received a tax rebate cheque in the post, so I guess I'm registered as living here somehow.
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  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    Which bailiffs? What sort of debt are they acting on?
  • DopeyTom
    DopeyTom Posts: 26 Forumite
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    fatbelly wrote: »
    Which bailiffs? What sort of debt are they acting on?

    I'm kind of asking hypothetically (haven't received CCJs yet). The debts are credit cards & overdraft.
  • fatbelly
    fatbelly Posts: 20,492 Forumite
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    Credit cards and overdrafts are both regarded as Consumer Credit Act debts.

    The creditor (or the buyer of the debt) would have to start a court claim. You could defend it or ask for an instalment order. If you did neither then one of the things they could do is ask the Court bailiff to attend.

    They have no right to force access and generally behave themselves as they are salaried by the court. My local court bailiff will even help you to do what you should have done earlier, which is to change this to an instalment order using an N245.

    In your situation, if you are paying what you can afford to the defaulted overdrafts and credit cards all this is unlikely to happen. If you need help to sort out a plan or explore other strategies then National Debtline, CAB, Stepchange and Payplan will not charge you for helping.
  • DopeyTom
    DopeyTom Posts: 26 Forumite
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    fatbelly wrote: »
    The creditor (or the buyer of the debt) would have to start a court claim. You could defend it or ask for an instalment order. If you did neither then one of the things they could do is ask the Court bailiff to attend.
    Is there any way to prevent them from attending my parents address?
  • Bogalot
    Bogalot Posts: 1,102 Forumite
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    DopeyTom wrote: »
    Is there any way to prevent them from attending my parents address?

    Communicate with them, come to a payment arrangement.

    It's as simple as that.
  • roadsidecamper
    roadsidecamper Posts: 3 Newbie
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    The most obvious answer is to pay the debt, not letting payments fall below the minimum. But that may not be very helpful to you depending on how far down the line you are.

    Can you give us a bit more detail about your situation? Have you fallen behind with payments? How much do you owe?

    It may be worth filling in a Statement of Affairs, which lays out all of your income and expenditure - that way we can take a look at your situation and offer some good advice on how you might get out of this debt.
  • sourcrates
    sourcrates Posts: 28,878 Ambassador
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    DopeyTom wrote: »
    Is there any way to prevent them from attending my parents address?

    Dopeytom,

    You are a million miles off the bailiff stage as yet.

    Fatbelly has explained the process a creditor must go through in order for bailiffs to attend, they would only be sent if there was a chance of recovering some assets, in your case it would be a waste of time and money, so its unlikely to happen.

    Just keep in touch with your creditors and sort out some kind of repayment plan, go to stepchange or one of the other debt charities if you need help with this.

    Forget about the bailiffs.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • theoretica
    theoretica Posts: 12,305 Forumite
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    DopeyTom wrote: »
    Can we simply tell the Bailiffs that I don't live there anymore or should I move out?

    Lying is not a good plan - you end up with even more annoyed creditors who won't believe what you say.
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • blisteringblue
    blisteringblue Posts: 1,140 Forumite
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    Don't hide from consumer debt, do exactly as people have said and nobody will knock on your door. As long as you keep in contact and prove you can't pay them anything they get nothing and probably won't go for a CCJ because all a court will do is see what you can afford to pay.

    If you are simply hiding from them without contact that is the surefire route to CCJ land. Talk to your creditors even if it's just in writing.
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Do you actually live with your parents?
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