Bailiffs have taken my items for my brothers debt

heidi279

Hi all

Can anyone please advice me.

I live alone.  No partner.  Just me and my dog. My brother is sadly an addict and homeless.  He stayed with me for a few nights over a year ago and used my address as a ‘care of address’.  He is living rough and does NOT live with me.

This morning the bailiffs came to my flat and took my tablet, my work computer, my work phone, some jewellery my Nan left me and my parents bought for my 18th birthday.  

The bailiff said he must live with me as there were two pillows on my double bed!!! He is my brother! I did have some of his washing drying in the bathroom as I sometimes do his washing for him as he obviously doesn’t have access to facilities.  They even asked what breed my rescue dog was!! 

I can prove some items are mine as I have receipts.  But they said I have to prove that he does NOT live with me.  How do I prove that he doesn’t when he lives in a tent?

I am going to be in SOOOOO much trouble at work as they took my work equipment.  

Any advice would be much appreciate as I dont have a lot myself, but work full time as a civil servant and always do things lawfully.

Thank you 

fatbelly

What paperwork do you have on this?

heidi279

They gave my a form.  At first I wouldn’t let them in.  So they called the police who came in to speak to me and then let them in!

heidi279

They were proper bailiffs and it was his debt for court fines 

elsien

Starting point if it’s your work laptop can work not confirm that it doesn’t belong to you?

anniecave

I would get onto the IT department where you work first thing on Monday morning and give them the details of the bailiffs (reference number, your address details etc) and get them pursuing the bailiffs first thing for the items that legally aren't yours.

Then I assume you will have to also contact the bailiffs for the same thing providing copy receipts etc to prove that the items are yours. 

RAS

Both National Debtline and Stepchange offer help with bailiffs and advice on making complaints. Unfortunately, weekend cover is limited. Try 0808 808 4000 for National debt ine but they may not be available until 8am on Monday. 


Also see
Bailiff powers when they visit your home: How to complain about a bailiff - GOV.UK (www.gov.uk)

elsien

Did your Nan leave you the jewellery and her will? Because again that would prove that it was yours and not your brothers. My understanding is that even if he was living at your flat, if you could prove the things were yours the bailiff shouldn’t take them anyway.

RAS

The bailiff will have left his details and those of his employer.

The priority is to put in a formal complaint to the bailiffs challenging their right to remove your property to pay your brother's debts and demanding the immediate return.

Add that they are not allowed to remove your employer's property at all. And that needs to be returned by Monday lunch-time.

gwynlas

Are you claiming discount regarding council tax with proof?
Bailiff should have given you time to look for appropriate paperwork of your ownership.
Even if your brother lived with you they are not entitled to seize your property to cover his debt.

sourcrates

gwynlas said:

Are you claiming discount regarding council tax with proof?
Bailiff should have given you time to look for appropriate paperwork of your ownership.
Even if your brother lived with you they are not entitled to seize your property to cover his debt.

Technically you are correct, but because said brother gave that address as his, that was the address the court passed on to the bailiffs, so that is the information they will act on.

They can take anything of value because of this, if the person who resides there cannot provide proof of ownership, it`s a bum steer for the OP I agree.

Magistrates court fines are one of the few things Baillifs can enter private property for.

OP, you do not have to prove anything in regard to your brother, to these bailiffs, all you need is proof the goods belong to you, such as a receipt or letter from work etc.