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    • Lauradevon
    • By Lauradevon 12th Oct 19, 1:21 PM
    • 3Posts
    • 0Thanks
    Help! Not my debt
    • #1
    • 12th Oct 19, 1:21 PM
    Help! Not my debt 12th Oct 19 at 1:21 PM
    Sorry if I'm posting in the wrong place, this forum confuses me!
    So anyway, yesterday we had a visit from a bailiff (rossendales), as my partner has child maintenance debt of 4000 dating back from 2015. He doesn't currently work, and does not claim benefits, he earns a small amount but it isn't regular and can differ from week to week.
    The man who visited yesterday told us he was going to call the people with the van to take anything they could unless 450 was paid. I ended up paying 300 out of my student loan (he said it was a smaller amount as he was doing me a 'favour'), as we were informed that although most of the belongings in the house were mine, unless I could produce a receipt they would still take it, and I didn't want my children to witness people in my house taking things while they were there.
    They have said they will continue to take 180 a month from my account until this is paid off, which I am obviously worried about as it's a lot of money, and not my debt to pay.
    Can they do this? Was it just scare tactics to get some form of payment? Is there any way out? Sorry it's so long but any advice will be very much appreciated!
Page 1
    • Sharon87
    • By Sharon87 12th Oct 19, 2:35 PM
    • 3,729 Posts
    • 3,147 Thanks
    • #2
    • 12th Oct 19, 2:35 PM
    • #2
    • 12th Oct 19, 2:35 PM
    Were they from the county court or the high court? Regular "bailiffs" can't come into your house without your permission, high court enforcers have more power, but still can't come into your house if your house is secured/don't open the door to them (unless they're evicting people).

    They were most likely just scare tactics. they can't force you personally to pay, but can put pressure on your partner to ask you/his family for money.
    • sourcrates
    • By sourcrates 12th Oct 19, 3:04 PM
    • 18,462 Posts
    • 17,357 Thanks
    • #3
    • 12th Oct 19, 3:04 PM
    • #3
    • 12th Oct 19, 3:04 PM
    No bailif can enter private property unless they are chasing certain court fines.
    You should just have kept the door closed and locked, they cannot force entry.
    They are not bothered who pays unfortunatly, but this is not your debt, you should have refused to pay, how have they got your payment details ???

    They have done it as you allowed them to do so, i`m sorry to say this, but the best course of action was to refuse, you need to remove their ability to take more money from your account, speak to your bank.

    Send a letter to them stating the debtor has no regular income, and cannot afford payments, as they have entered your house once, they can now do so at will, although not usually if no one is at home.

    Best advice is never allow a bailiff entry to your home, they will eventually return the case to the client, I assume you have nothing of exceptional value at home, they would have to take 8000 worth of goods to cover a 4000 debt, its only non essential goods that can be taken, things of value only.
    Last edited by sourcrates; 12-10-2019 at 3:12 PM.
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    • Karonher
    • By Karonher 12th Oct 19, 3:38 PM
    • 699 Posts
    • 2,377 Thanks
    • #4
    • 12th Oct 19, 3:38 PM
    • #4
    • 12th Oct 19, 3:38 PM
    Has your partner been contacted by the CSA for payment and refused to pay the debt? There should have been contact before bailiffs were brought in. Money can be taken from their account but should not come from yours.

    As the ultimate penalty is prison it may be an idea for your partner to start to cooperate if he has not already.

    Another issue would be the way you describe his income. He doesn't work but earns some money. Is this low enough not to be declared?
    Getting ready for Christmas 2019

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