What rights do baliffs have to enter family property and remove possessions when you no longer live at home?

Question

I am going through a bankruptcy and debts, Inland Revenue, council parking fines for previously owned vehicles registered to home and other family addresses. Not to mention being chased by credit card companies, mobile phone etc. to whom I also owe money.

The baliffs came yesterday and threatened forced entry and removal of possessions. My parents told them I no longer lived there and nothing was in the house belonging to me. They were told that unless they pay (which they did on this occasion) property will be removed and the onus is completely on us to prove it does not belong to me.

Clearly its a very unhappy situation to have one's family drawn into one's independent financial circumstances (brought on by a failed business venture and poor health preventing me from taking a 'regular job' although I have never, neither will claim state benefit) I am considering bankruptcy and need to confront my creditors not least to stop my family being harassed. Anyone with experience?

Answer 1

if you had any ounce of self respect for yourself, and your family. You would at least claim benefits (and use that as a means to begin clearing your debts)

Quite simply you are letting your family suffer the consequences of your ill fated actions. And obviously your being idle and allowing all of this to continue.

1. Go to your local civic centre / Job Centre. Claim all that you can.
2. Begin to pay off your debt.

Then, your family wont have to suffer because of you.

If not for yourself, at least do that for your family.

Answer 2

Hi,
First of all, the bailiffs have no right to enter property that is owned by your parents. Your parents are not bound by any contract, on the face of it, to pay debt collectors towards your debts. Contracts are essentially personal agreements, unless your parents signed a guarantee document at some point.

If you get anymore letters from the bailiffs, you must warn your parents in advance that they are going to be visiting. Tell your parents not to answer the door or if they must, not to let the bailiffs enter - under any circumstances. I understand, you may feel slightly embarrassed at saying stuff like this to your parents, but it is the responsible thing to do.

Bailiffs operate on intimidation. Once you open the door, they have a technique of putting a foot between the door and frame, to prevent you closing it again and also to legally claim that they were allowed onto the premises. Please note: A BAILIFF CANNOT ENTER ANY PREMISES UNLESS ALLOWED IN! Don't open the door or they will intimidate your parents into letting them in.

It is a total lie that the onus will be on you to prove that property they take does not belong to you. That's just more intimidation.

Ultimately, the warrant that the balliffs have will go back to the Court. I urge you consider things very carefully before going bankrupt - Doing this will affect your future career options and still does carry a stigma. In addition it is a rather expensive procedure (costing upwards of £500 I think).

Consider sitting down, listing all creditors. Get a photocopy of a letter from the benefits agency that says you are unemployed and confirms the amount of money you get. Prioritise your debts in the order of 'who has a CCJ against me already'. If possible, send a copy of your benefits letter with an offer to pay a token amount each month...£2 would be enough, so long as it is something.

Make sure you keep enough of your benefits to live off though.

If anyone rejects the deal you offer, let them take you to court. You can go there then and state that the Judge should award costs of the action against the creditor because you have used your best endeavours to reach an arrangement. It is unlikely that any creditor that knows you are unemployed would seek to take further action, until your circumstances change.

Apart from the good advice you will get from others here, I also recommend going to the CAB. They offer a confidential service and have specialists in debt advice.

Answer 3

Firstly Bailiffs do have the right of forced entry if they have a court order.
Secondly it is down to yourself to prove the goods that they want to take are not yours with things such as receipts etc.
They cannot in any circumstances force legally, or otherwise someone else to pay your debts unless the have stood guarantee for you,if they stood guarantee then they can be made to pay one way or the other as they agree to do this with their guarantee.
It seems you have got yourself into a bit of a mess! can I suggest you call the National Debt-line on 0808 808 4000,these people are there to help,you can get to their website under National Debt Line
They are the best people to speak with, I hope this helps and good luck.

Answer 4

I really feel sorry for you. It's not nice, you obviously tried to make a living and it didn't work out. Not everybody is that lucky, some businesses do fail. The trutch is, it is really up to you and your family to prove that things don't belong to you. You can do that by providing invoices of things, insurance certificates and the likes. Whilst they cannot enter your property, they do have the given opportunity to fetch a copper and now, armed with a copper, they can enter your house.
You are in a mess, contact some government body, there are debt organisations who may be able to help. Always show your willingness, they do not like cocky people.
Good luck in the future, I hope you sort out your life troubles.

Answer 5

A bailiff is a court officer and has exactly the authority granted in a court order. No one has the right to forced entry without a court order. In your first paragraph you state 'I am going through a bankruptcy'. In the last paragraph you state 'I am considering bankruptcy'. Which is it? The rights of creditors are vastly different under to two situations.

Answer 6

i don'tknow the legal rights here, but talk to citizens advice. They will know