flatmate in huge debt - debt collectors - will they take my stuff??

Wiggynut

Hi everyone

I have two flatemates - one is back in europe at the moment.. will be coming back but not sure when.
The other is living with boyfriend so not at flat daily.

They both are in debts of 50,000+

the one in europe is depressed (had lot's of health problems and personal issues going on as well as the debt) and is not paying anything at all towards her debts.

I thought she had taken out a year and a half ago but I've just found out she got a consolidation loan but she's not paying that either.
apparently her family have brought her a house (not sure if all paid or just deposit etc) but it's in her name... so if they make her bankcrupt then she'll lose that too!!!)
the one still in the UK has her boyfriend making her face her problems and helping her out but the one in europe just has her head in the sand (i've not spoken to her in a long time) and we are trying to give her advice. but we can't just fly over there and force her to deal with this either.
they both have fairly well off families but I guess they don't want to go to them for help????

MY personal problem is that cards are now being delivered by hand through the door for the last two days and I'm starting to wonder that if any debt collectors come round that they might take my stuff?

neither of the flatemates belongings are at the flat except a wardrobe and a tv.

I've actually spoken to a baliff before (friend of a friend sort of thing) and he told me that they can take whatever they find in a flat and then I would have to prove or claim back my belongings after!!!!

I don't have receipts for most of my stuff as they are years old and well, I shouldn't have to as I don't owe any debts or just a small amount (brother lent me some money to save on interest payments but that's it!) so I'm worried - I don't have any other family so can't store my stuff elsewhere (only met bro recently too!! (he lives abroad))

what do I do? I'm pretty much on my own so I don't have any one to ask except here.
what are my legal rights as such?

baliffs arn't usually known as the listening understanding type right... I'm sure people in debt say anything to stop their stuff being taken and I'll probably sound the same.. .ie: nothing to do with me... not my debt.. they don't live here etc.

any know what I should do?

thanks for any help you can offer.

beer_tins

Do not allow the bailiffs in. They are not allowed to force access into your flat.

Merlot

Do not open the door and keep it locked as for the windows. You need advice on this from the CAB.

Wiggynut

so if anyone knocks on the door I should look through the peephole and shout through????

what if they surprise me when leaving or coming home??? what do I do then?
a few months ago I answered the door in the morning as I had stuff from ebay being delivered and a big burly meathead type took a picture of me with mornign hair and looking !!!!ed off while shoving an envelope in my hand - other flatemate got a summons!

I really should have moved... I thought I'd save myself money and stress by moving into a bigger room in the flat rather than move at the same time as starting University in Sept - but so far... I've been eaten by bedbugs and can't sleep (pest control have been round!)for two months... no main light, worried that flatemate is fibbing when she said she has got a tv licence - I brought a new freeview box and they take your address... got letter from tv licence people asking for reference number of flatemates licence but she can't find it???!?!?!?!?

contacting cab is really difficult in London... they never answer the phone and the queues are huge... plus I don't get holiday or sick pay so I will lose pay if I take time off to go and visit one!

I shouldn't really have to do this as I'm not the one whos brought designer clothes and exotic holidays my whole life! (I've only been on 4 short holidays ever and I'm 36!)

ugh... I'm having a winge ;-)

delboypass

MOVE OUT

MOVE OUT

MOVE OUT

Sounds like you are taking all the financial fallout for your flatmates which is clearly not correct.

I doubt baliffs can take other peoples belongings. They will have to identify who it belongs to before tehy can remove it.

But is it really worth it??

Otherwise move all your equipment out of the house and just live off essentials...

robpw2

i would suggest anything that is yours you lock away in your room with a padlock on the door. then if they do force entry Which is against the law unless they have been invited in previousley then they would not be able to break down your bedroom door.


but move out is your best option

Wiggynut

delboypass wrote: »

MOVE OUT

MOVE OUT

MOVE OUT

Sounds like you are taking all the financial fallout for your flatmates which is clearly not correct.

I doubt baliffs can take other peoples belongings. They will have to identify who it belongs to before tehy can remove it.

But is it really worth it??

Otherwise move all your equipment out of the house and just live off essentials...

move it where?
no family except for one who I met recently and he lives abroad!

I've just spent money on making my own desk and painting!

plus the baliff I spoke to said unless I have receipts showing the stuff belongs to me they can take it! which I don't as my stuff is quite old - or at least old enough for me not to have the reciepts anymore!)
the two flatemates don't have their belongings there anymore (one of them has a couple of boxes but that's it)
so it's just mine and one other girl who is just staying for awhile but she's a student and only has a suitcase and a few bits... for me this is my home so have everything here!

I'm so sick of moving - and cleaning up after others! I'm going to be a student for the next three years so I won't be able to afford live alone during this time and there's no guarantee that the next lot I share with will be any better!
These two are actually friends which is why I've stuck with it for so long.

*sigh* might have to start getting my head around the fact that I'll have to pack all my stuff up again (had to when the pest control came round and then unpack again after just moving in to the bigger room!!! I should be an expert in packing! )

why do I get myself into such messes - :rolleyes:

Cheers

ps: will get a big padlock for the meantime.

StumpyPumpy

The Bailiffs can take your stuff, the proof of ownership is down to you, but you don't need receipts.
The first thing you need to do is make a written list of all your stuff and make a Statutory Declaration - consumer wiki has a sample letter, I'm sure others exist too:
http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters
Unlike the shown on the TV, the Bailiffs cannot force entry to your flat, they must be invited in, so you can carry on opening the door. however, once inside (by invite or court order) I believe they can remove any barriers (ie padlocks) so that is not a defence.
But... I am not a lawer - you really need to bite the bullet and join the long queues at the CAB. You are in a difficult position and need proper legal advice before it gets worse.

SP

strumpet

Hi Wiggy,

You say you are a student (presumable studying at University) so you should have access to advice through your Student Union. Failing that, as it's the end of term etc etc, there must be some students leaving University who are vacating rooms in shared houses. Quite often, you can get details of these off noticeboards in and around college or try letting agencies round and about.

It sounds horrendous at your place and you must be worried sick - however, the problem is not going to go away so you need to distance yourself from it, hard and disruptive though that is going to be. You say you have no family who can help, but you must have mates from your course who might be able to store your stuff for a while whilst you sort it out.

It isn't fair that you're being saddled with this but sometimes these are the things life throws at us to check we're paying attention!

Good luck!

new2civvystreet

Instead of moving out, it might cost less for you to put the stuff that will be expensive to replace into storage for a while. Something like big yellow storage.

I know you really SHOULDN'T have to but moving and finding possibly more money for a deposit might prove to be expensive.

Wiggynut

strumpet wrote: »

Hi Wiggy,

You say you are a student (presumable studying at University) so you should have access to advice through your Student Union. Failing that, as it's the end of term etc etc, there must be some students leaving University who are vacating rooms in shared houses. Quite often, you can get details of these off noticeboards in and around college or try letting agencies round and about.

It sounds horrendous at your place and you must be worried sick - however, the problem is not going to go away so you need to distance yourself from it, hard and disruptive though that is going to be. You say you have no family who can help, but you must have mates from your course who might be able to store your stuff for a while whilst you sort it out.

It isn't fair that you're being saddled with this but sometimes these are the things life throws at us to check we're paying attention!

Good luck!

I'm not a student yet.. .will be in Sept.

don't have many friends at the moment either as lost contact with some and I tend to sort out other peoples issues and then they dissappear if I ask advice or help - so I'm pretty self sufficient really. but fed up with being so!
moving elsewhere can still mean living with people I'll have to 'babysit' etc... these two are suppose to be my friends hence why I moved in (I hate the flat and area! but I wanted to live with people I could trust)
I've moved house 60+ times in my life - most of that through my childhood so moving really gets me down!

will start convincing myself moving will be the best option... maybe hold out until uni start - other (mature) students will be wanting people to share I guess...