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Bailiffs have taken my items for my brothers debt

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  • redux
    redux Posts: 22,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 November 2022 at 7:26PM
    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.

    I must have misunderstood some things

    I thought that the bailiffs would be obliged to have the person they are dealing with admit ownership before they took away the goods, or if the person claimed someone else owned the goods, they must satisfy themselves that they believe the goods do indeed belong to the person they are distraining against.

    In this case that person wasn't even present, so no such interview can have taken place.

    Further, how would they have been fully confident that what looks like women's jewellery belongs to a man?

    The reason for such advice or requirement would be avoidance of exactly the kind of mess that has happened here.

    Do I have this wrong?

  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    OP
    Surely the baliffs asked for evidence that items belonged to you and/or will return them once you have given them the evidence.

    Yep, true and with me it especially if item bought over the counter I will lose the receipt but in time I could chase it to my cc/debit card etc. So show them the evidence and you'll get your stuff back

    Also, approach the council and ask them to confirm you get a council tax rebate for a single person staying at your address.

    It is not nice but for futre reference personally I'd make sure any family/mate of mine that gave my address without consent sorts it out before they step foot in the house again.


  • RAS
    RAS Posts: 35,645 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you've have not made a mistake, you've made nothing
  • JonVarnas
    JonVarnas Posts: 252 Forumite
    Seventh Anniversary 100 Posts Photogenic Name Dropper
    edited 15 November 2022 at 4:09AM
    RAS said:

    Shocking that Sgt still kept his job. Hopefully he'll be stuck behind a desk from now on.

    Not surprised the the cops helped the bailiffs though as they seem to be woefully uninformed when it comes to debt enforcement and tend to take the bailiffs word as gospel.
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