Can I protect my possessions if the bailiffs come round for my ex's debt?

megwump

Hi,

Just split up with my other half and moving out in about ten days (can't do it any sooner), but I think he's going to be getting a visit from the bailiffs some time very soon. Is there any way I can ensure that my stuff doesn't get taken?

Browntoa

make sure you have reciepts for any expensive items ready to hand to prove they are yours

Mister-D_3

If this is a bailiff then you have two choices, produce reciepts or remove the goods from the premesis. They are yours and you can do with them as you wish. Taking them away can be easier as you wont feel the pressure from the bailiff.

rog2

A 'Bailiff' can not force his/her way into your house, so in the event that one does turn up, do not open the door, and keep all windows closed.

You can also sign a declaration, usually at a Solicitor's office and for a nominal fee - usually under £25.00, which states that none of the goods in your house belongs to your ex.

A couple of helpful links:

1. To understand your rights when confronted by a Bailiff visit: http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php
2. Bailiff Advice on line- this is the site of Herbie21 who is a regular poster on this board. It is full of very useful information and you can pm Herbie21 for more detailed information, including a template of the declaration that I mentioned earlier: http://www.bailiffadviceonline.co.uk

If, as I suspect, the callers are in fact 'debt collectors' rather than bailiffs (bailiff visits, other than for council tax arrears and parking fines are usually only sent after a ccj is defaulted and they must give you notice of their intended visit) then you should remember that a home visit by a debt collector carries virtually no weight at all. They have no right of entry to your house, whether peaceful or otherwise, they must not infer that they have any powers of siezure, you are not obliged to discuss your ex's debts with them and they must leave immediately when you ask them to.
Have a look at the section on 'Home Visits' in the following link to the OFT Debt Collection Guidelines:
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Hope that helps.

megwump

Thank you all, that's extremely helpful.

I don't have receipts to be honest - I've bought nothing new in a long time, everything of value is a few years old so I don't have details. What I can do quite simply is not open the door! I will discuss it with my ex and make sure he doesn't either, not until I've moved out. I'll also give him a copy of that OFT booklet, that's really helpful.

The explanation about bailiffs vs debt collectors is useful too, thanks - I didn't really appreciate the difference. He does have a CCJ but it's going through an appeal at the moment I think, so hopefully there isn't a genuine bailiff visit imminent.

RobertoMoir

If there hasn't been a CCJ or court order of some kind (e.g. Liability Order for council tax) granted against him yet, then you can be certain that bailiffs will not call to remove goods.

Remembering the difference between debt collectors and bailiffs is a good idea because knowing this helps you figure out what your rights are vs. those of the people on the doorstep. Assuming everything is as you say, I don't think you have anything to worry about... which isn't to say you shouldn't be a little bit careful just in case, but you can relax a little bit too.

fiveyearplan

But whatever you do, DO NOT let them into the property. Don't even answer the door.

Johnny_Chaos

rog2 wrote: »

A 'Bailiff' can not force his/her way into your house, so in the event that one does turn up, do not open the door, and keep all windows closed.

Are bailiffs really allowed to enter through windows? That sucks. I was of the understanding that bailiffs are only allowed to enter your property if you invite them in.

fiveyearplan

An open window is considered an invitation.

k2nga

Seems silly though as if you leave a window undone and someone comes is thats usually burglary.

RobertoMoir

Johnny_Chaos wrote: »

Are bailiffs really allowed to enter through windows? That sucks. I was of the understanding that bailiffs are only allowed to enter your property if you invite them in.

Sorry but that understanding is very wrong. It often arises because people mis-understand what is meant by invitation here.

I'm going to repost some general advice I've posted before on what bailiffs can and can not do.

You shouldn't allow bailiffs into your home, but if they have a warrant that allows them to do so, it's up to them to attempt to gain entry peacefully, not for you to tell them whether or not you allow them to! I'm a former bailiff and we never used to take much notice of what people told us they were going to "allow" us to do, we simply concentrated on what we were legally entitled to do.

Ok. For this kind of debt, unless the bailiff has been into your house already and has levied distress on goods in the house and got you to sign a document called a 'walking possession' then they cannot force their way into your house.

They only have the right to gain 'peaceable entry' (presuming my assumptions are correct about them not being in before).

• Peaceable entry doesn't include kicking your door down or getting a locksmith to drill your locks. This is something they can't do.
• Peaceable entry does include tricking someone into letting them in "Oh really? You say you've spoke to the council, can I come in to use your phone to double-check what they said?"
• Peaceable entry does include climbing in through an open window or going round the back to try your back door in case you forgot to lock it.
• If they push past you, this is not peaceable entry and would be a trespass, rendering any levy carried out illegal.
• Kids cannot grant a bailiff entry. Again, an attempt to enforce a debt after kids allowed a bailiff in would be a trespass resulting in an illegal levy.
• A vehicle used in the course of your employment cannot be seized. This DOES NOT include "my car, because without it the commute is a pain and the kids will actually have to walk to school without it, too." It DOES include "My car, because I'm a self-employed taxi driver, or courier, or whatever and that is the vehicle I use."