Bailiffs - do they have the right to take my goods when my daughter's in debt?

dorsetlady

I would be grateful if someone could tell what rights bailiffs have?

My 27 year old daughter recently moved back with me after she broke up with her boyfriend. I have NEVER been in any debt, in spite of being very poor for most of my life and had drummed it into her not to get into debt but she didn't listen! He was a complete loser and she is at least £8,000 in debt (I only know this by snooping - she says she's not in debt) and has nothing to her name but a few tatty clothes! We have had debt collectors calling round to she her but she has been at work when they've called. She says it's all due to mix ups! She owes at least £5,000 to Barclays bank.

I once saw a programme on daytime TV, about debt, and they stated that if bailiffs call they can take anything in the house and it is up to the others, who live in the house, to prove that items do not belong to the debtor by showing recepits etc? Is this right? I, obviously, do not have receipts for all of my belongings! I am also worried about being blacklisted as I am hoping to get a mortgage in the next couple of years.

Any advice please.

krissys

Do not panic, the collectors coming to her own are probably debt collectors and they have NO powers whatsoever.

Bailiffs are for council tax or magistrate court fines. Even then, they can only take your daughters belongings.

dorsetlady

krissys wrote: »

Do not panic, the collectors coming to her own are probably debt collectors and they have NO powers whatsoever.

Bailiffs are for council tax or magistrate court fines. Even then, they can only take your daughters belongings.

Thanks for that information. I did not realise that about bailiffs.

Tixy

Hi

First off if its just debt collectors calling then they cannot take any goods and basically have no rights. If she has bailiffs calling (and this could only be after a court case - either a CCJ or if she owes council tax then after a court liability order) then the best advice is not to let them in at all.

However if you are worried you can have a statement drawn up to say that all of the goods/furniture etc in the house are legally owned by you and have it signed by yourself and a solicitor - they usually charge £10-£15 for this sort of letter but if she has got bailiffs snooping then its probably a good idea.
Do she own a car? do you? they should only levy on vehicles they have checked with the DVLA that they belong to the debtor. Its not unheard of them to try to levy or remove other vehicles, so it would be handy to have proof that its your vehicle to hand.

Providing you have no joint finances her credit rating won't affect yours or your ability to get credit.

Hope you can get her to face up and tackle her debts or point her in the direction of this forum if she doesn't want to talk to you about it, but does decide she needs to get it sorted.

If you are concerned about bailiffs (or want to try to get her to face up to things) it is possible for you to search the registery trust online website to see whether she has any CCJs - it costs £8 per address you search and I guess you would probably want to look at your address and her previous address? Council tax debts don't show up on there so she could still have bailiffs visiting even if there is nothing on there.

Tixy

krissys wrote: »

Bailiffs are for council tax or magistrate court fines.

And any debt where the creditor has obtained a CCJ and the debtor hasn't paid up.

dorsetlady

So Tixy bailiffs could come into a house, that is in my name, and the onus is on me to prove that the items are mine? My partner and I own a car each - she owns nothing. If there's a risk of having problems like this she'll have to move out - my partner won't stand for it!

I am just so angry that she's got into debt for things like eating out, gym membership, cars for the boyfriend, car insurance etc. :mad:

Tixy

They could only come in if someone lets them in. They cannot force entry. Really the best option is to keep them out altogether. It isn't usually that hard to keep them out, after all what bailiffs really want is to scare someone into paying off the debt (and their fees). This is actually much better for them than having to repossess second hand goods which tend to sell for very little at auction. Especially if you make it clear that all she owns are clothes which are exempt items anyway.

Bailiffs will only come if she doesn't face up to her debts. If she does and starts making arrangements to repay them - even a small amounts - and seeks advice from a debt charity then she should be able to avoid bailiffs ever coming near. Rather than just telling her to move out how about telling her she has to get some advice on her debts or she will have to move out - you could point her in the direction of CCCS or one of the others listed here - IMPORTANT - Where to seek professional impartial advice about your debts.

This website here has some useful reading about bailiffs and their rights - http://www.bailiffadviceonline.co.uk/ and this thread also has a bit of info and about a sworn statement to say the assets are yours - http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax#chapter4

dorsetlady

Thanks very much for that Tixy. I'm very grateful for you giving me this information. As I said, I've never been in debt, so this is all new to me!

RAS

dorsetlady

Most debt is dealt with by CCJs, which means your daughter has to pay a set amount each months.

Debt collectors are often threatened but have the same rights as the paperboy - none.

Bailiffs can only come in the house using peaceful entry, but that does mean they can walk in or climb in through an open window or door, so if your daughter has bailiffs after her ever (mosrt likely to be council tax), she must tell you.

Despite the guff spoken by bailiffs and put out in TV programmes, bailiffs can only take what belongs to the person owing the debt; it is quite legitimate to "sell" any possessions to another person before the bailiff turns up. So if DD has a car, that would be a good idea.

If the bailiff tried to levy on your goods, all you need is a statutory declaration stating that they are your and they have to take a hike. Send them that and they will go away.