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

Wiggynut

StumpyPumpy wrote: »

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

Thanks - I'll make a list of my belongings.
I take it I only really have to list the stuff that's worth something to the baliffs right?
ie: my TV, PC, SLR camera stuff, futon, and not my books etc?

what does this bit mean?
are not the property of ***** and (reason why they were there) and have always been my sole property
reason for what being where??? the stuff I own? the named person of the debt?

The bailiffs should then release these items from the levy. (so I have to find out who the bailiff is (address on card through door perhaps) and then they wont take them... I'd rather my stuff wasn't taken before!

Thanks for your help & link
:T

A_Star

I had a similar problem in my house but it was the old tennats that owed a lot of money.

I made sure the electral role was up to date so their names were off it. I then returned all post to sender. And finally put a notice in the front window saying:

"please note the following people do not live at this address and we do not have a forwarding address for them"

followed by a list of names.

Seems to have worked, we've not had any hassle since.

Wiggynut

A_Star wrote: »

I had a similar problem in my house but it was the old tennats that owed a lot of money.

I made sure the electral role was up to date so their names were off it. I then returned all post to sender. And finally put a notice in the front window saying:

"please note the following people do not live at this address and we do not have a forwarding address for them"

followed by a list of names.

Seems to have worked, we've not had any hassle since.

well, technically they still live there... the one who is in europe is suppose to come back (she's working for family friend and has to finish the project before she can come back)
the other is living with boyfriend as she can't afford the rent.
so I'd be lying if I said they don't live here anymore... I'm sure some people who owe a lot of money say the same thing to debt collectors so it might make the bailiff stage happen quicker! :eek: I've no idea really.

StumpyPumpy

The form letter is targetted toward property that is loaned to the debtor, for instance, if I lend someone my camera, rather than co-occupancy; you will need to modify it slightly to your needs, but you need to ensure it explicitly states that it is not the property of the debtor.
If you are in a formal multiple occupancy rental agreement - i.e. you pay rent to a landlord as an individual, then I'd get offical recognition of that from the landlord too. Anything you can get to distance yourself from the debtor is good.

When it comes to what to list, I would list everything and anything you care about and take photos too. I have never had a bailiff visit, but I have been to several repossed goods auctions and if that is anything to go by, they will seize anything they can regardless of perceived worth. Although this is a painful and long task, you can dual purpose it, it is a useful exercise for contents insurance policies.

Are your friends still your friends? If you haven't already done so, you need to make sure they are fully aware of the obvious distress they are causing you, real friends wouldn't let that continue - just a thought.

The only other advice I can give I think you are already following: don't ignore this, it will not go away, write to the bailiffs and explain the position. They are usually pretty reasonable, but you have to accept that they are used to people lying to them and trying to avoid paying up, so they may not be easy to persuade them of the truth.

Good Luck

SP

lonestar1

My advice is to always carry some form of photoid which you can preseent if asked to prove who you are. If a bailiff comes to the door do not let them in (I would open the door step outside and close the door then talk to them but if you prefer you could talk from a window) show them the ID explain you have no idea if/when the one in europe will return and that the other one no longer lives their (Its a real shame the one in europe has a wardrobe as saying the gaff contains none of their property would really help)

Wiggynut

StumpyPumpy wrote: »

The form letter is targetted toward property that is loaned to the debtor, for instance, if I lend someone my camera, rather than co-occupancy; you will need to modify it slightly to your needs, but you need to ensure it explicitly states that it is not the property of the debtor.
If you are in a formal multiple occupancy rental agreement - i.e. you pay rent to a landlord as an individual, then I'd get offical recognition of that from the landlord too. Anything you can get to distance yourself from the debtor is good.

When it comes to what to list, I would list everything and anything you care about and take photos too. I have never had a bailiff visit, but I have been to several repossed goods auctions and if that is anything to go by, they will seize anything they can regardless of perceived worth. Although this is a painful and long task, you can dual purpose it, it is a useful exercise for contents insurance policies.

Are your friends still your friends? If you haven't already done so, you need to make sure they are fully aware of the obvious distress they are causing you, real friends wouldn't let that continue - just a thought.

The only other advice I can give I think you are already following: don't ignore this, it will not go away, write to the bailiffs and explain the position. They are usually pretty reasonable, but you have to accept that they are used to people lying to them and trying to avoid paying up, so they may not be easy to persuade them of the truth.

Good Luck

SP

The flat is in the name of the two friends (might be just one of them, I'm not sure). I just rent a room from them that has all my stuff in it - which goes towards the total rent paid to the landlord.

the one still in the UK doesn't work and she can't claim HB because she would have to take into consideration the other occupants wages (I'm not paying her rent for her!)

I personally don't have an rent agreement with anyone...

because they can't afford the rent they have rented all the rooms out (including the lounge!) so it's like living in a bedsit really - because of the bedbugs (brought in by a family friend of theirs who just moved out without telling us - I took over the room unknowingly and ended up covered in bites!)
they couldn't rent two rooms out as we needed to get rid of them first... but I've just found out she has found someone to rent the small room.

AND for the last few months I've paid cash rent as she doesn't want money going into her bank (the one in the UK and is actually paying her debts)
there are never any free cash withdrawel machines in South London either so it's always a pain to try and get cash out.. .then feel paranoid when carrying cash home!

I keep telling her to open a basic bank account but she wont!
I've told her that I would rather transfer the money but as usual it's always about her stress etc!

you say friends don't do this to each other... but unfortunately, these two are better than most of the friends I've had in life so....

RAS

Hi

Stumpy's advice on the decalration is right, but for more advice you could pm Herbie21 whho runs the website www.bailiffadviceonline.co.uk. She really knows her stuff and comes on here most days to help folk.

lonestar1

Wiggynut wrote: »

I personally don't have an rent agreement with anyone...
........
AND for the last few months I've paid cash rent as she doesn't want money going into her bank

I seriously would start looking for somewhere else you couldnt actually prove you rent a room which would go a long way to re-claiming any items a bailiff may take if they did get access. The fact your paying cash is also worrying Im thinking maybe tax evasion or something under the rent a room scheme you can only make about 4k a year in rent before its taxable (are you even on the electoral role ?)

Wiggynut

lonestar1 wrote: »

I seriously would start looking for somewhere else you couldnt actually prove you rent a room which would go a long way to re-claiming any items a bailiff may take if they did get access. The fact your paying cash is also worrying Im thinking maybe tax evasion or something under the rent a room scheme you can only make about 4k a year in rent before its taxable (are you even on the electoral role ?)

I think I'm on the electorial role - don't know how to check.

I live there before and actually registered but then moved out of London (been rather ill for a couple of years and needed to get away... hardly any work so ended up skint! then moved back to London)
been back now for nearly two years at this flat - I'm sure I gave my name to the census people when they came round too.
my bank, work tax etc is all registered at this address.

the rent is split between us as such - I refused to pay extra if she can't rent a room out so I basically pay the one fixed amount for my 'room'
I didn't know about all their debt.. they have wealthy families too so I guess I assumed they wouldn't be in trouble etc.
I've since found out how many holidays etc they go on (while not working!!) and how much debt etc. one paid 5,000 for a course and didn't bother doing it!
I just wanted to rent with friends and share rather than live alone - shouldn't really be too much to ask... guess I got that wrong!

I don't know much about student house shares... when do students usually start sharing a house together? (don't know much about studenthood either... I left school at 15!)

what a hassle... I'm always careful too and don't go out much.. one of them is off on holiday for week soon - to help the stress - think it's her fourth this year... nice eh!

Wiggynut

RAS wrote: »

Hi

Stumpy's advice on the decalration is right, but for more advice you could pm Herbie21 whho runs the website **** She really knows her stuff and comes on here most days to help folk.

thanks... I'll go and have a look now.
:A

... it has only been registered - no actual site!