Help with bailiffs pls

lost_soul_4

Hi Alll,

Iwould just like some advice on our situation please. I might waffle a bit so please bear with me.

Basically I met my other half 8 years ago. She was in the process of divorcing her husband and lived in a council house in Telford. They had been apart for about 6 months then when he found out she was seeing someone else he broke into her house and basically moved in (he was on tenancy). She fled down south and came to live with me. She told council she was leaving house etc.

Just got home from work to find 2 bailiff letters. First addressed to her ex husband and the other in both their names.

We have been married for a few years now so our tenancy is in her married name (my surname). My name is not on the agreement because I always said if we split up she should have the family home.

Basically 2 identical letters from Jacobs certified bailiffs for different amounts. It gives a council reference so I can only assume its for council tax and her old address at Telford.

The letter is as follows:

'TAKE NOTICE - I have attended your property today to find that you were not in.
YOU NOW HAVE 4 HOURS TO CONTACT ME TO CLEAR THIS DEBT IN FULL.

If you fail to contact me I will have no option but to make arrangements if appropriate, for Porters and Removal Vans to attend your premises with a view to removing goods.

PLEASE NOTE WE MAY EVEN REMOVE GOODS IN YOUR ABSENCE. IF WE ARE UNABLE TO GAIN ACCESS TO YOUR PROPERTY WE WILL UTILISE THE SERVICES OF A LOCKSMITH IF APPROPRIATE.

If we do not recover the full amount including the costs, then we will recommend that one of the following proceedings is taken:-
APPLICATION FOR YOUR COMMITAL TO PRISON or A CHARGING ORDER ON YOUR PROPERTY.'

As one of the debts is in her old name I have no problem paying it, but why should we pay for the one in his name? Also can they really gain entry?

It also says to contact them and not the council direct? Its got me worried so any advice appreciated - I dont know what to do. I know not to open the door to them etc but I am worried about them breaking in. Just to clarify, my other half moved out of the property 8 years ago and informed the council. I assume they do not realise she has divorced her ex which is why one of the letters is in only his name.

Thanks in advance.

Darren

DarkConvict

Unless you are in the property and you let them in, they cannot use a locksmith nor force entry.

Neither can they bring a van with the intention to remove goods. A bailiff must attend the property, you must let them in peacefully. They must make a walking possession order and get you to sign. Only then can they come to remove goods and force entry.

Removal of goods without a successful levy and WPO is theft, and attempting to gain entry is breaking and entering. The police will be involved if they attempt either of these actions.

You can only be made to pay debts that are in your name!

If debts are in someone elses name, then the bailiff cannot levy any goods. Bailiffs can only levy and take goods that belong to the debtor!

If the debt is for council tax, the most they can charge is £42.50 for 2 visits. If they are unable to gain entry! So keep windows and doors locked.