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

Every right if that is the address of the debtor and the people living there have the same name

Answer 2

First, unless the baliffs have a court order they have no right of access. Do not let them in. Once they have been invited in they can come back at any time and even force entry if no-one is there.

You parents should not have paid them anything. This only encourages them to return and try again. If they will not go away just ring the police and tell them there is likely to be a breach of the peace.

Now to consider your problem. Please don't get a consolidation loan. This does not pay off your debts, it merely moves them around. Be wary of debt management companies. Most charge hefty fees and you could be much worse off in the long run.

Contact Payplan, CCCS or the Citizens Advice Bureau for advice about setting up a debt management plan, an Individual Voluntary Arrangement or bankruptcy.

But first go to The Motley Fool , find the discussion boards and look at Dealing With Debt (link below). Spend a few hours reading those postings - there are some cracking ones on the powers (or not) of debt collectors. Post your situation and get free advice.

Answer 3

First off if your debt is not larger than 20K contact a debt consolidation company they can arrainge for creditors to lower and sometimes end intrest rates on certin debts. Two if the police do not have a warrant they cannot enter the dweling of your folks and take anything futher more if the address at the time of the defaults was not thiers they are doing nothing but trying to scare people. Get in touch with an attorney legal council would be a good thing right now.try step one first though it is better than having a bankruptcy hanging over for the next 10 years.

Answer 4

They can not without a court order, but once they get a court order, they have all rights to do this, and yes if the property belongs to someone else they will have to prove it does.

Well first at bankruptcy you don't really confront your creditors, you file, they send out letters, the creditors send back other letters some need to be responded to. Very seldom do you ever actualy confront a creditor

Answer 5

Yes, me, my son was in the armed forces, earning loads a money, came out (after nearly getting killed in Iraq) and suffering very bad trauma, so was out of work. He let his debts spiral, cause he left his high paid job in the forces, but went to live with his gf, when he returned to civvy street. I have had numerous letters, car loans etc, land on my mat. I phoned the debt company`s and explained, he no longer lives here, and most were very good about it, asked for alternative address for him. My son agreed with this obviously, he did not want us bothered either, but last week, i had a bailiff came to my home. I explained the situation, and he was fine with me, but a tip, tell your mum and dad to show the electoral roll to the bailiff, it proves you no longer reside there, i had no problem when doing this, i sent copies of it to various debt agencies, and they all removed my address. If your parents haven`t got one, get a copy from your local council. Good Luck, you sound like a decent fella, and i sympathise with your parents plight!

Answer 6

they have already informed you the muse of this difficulty. The onus, the accountability, lies completely with you. i'm sorry you have have been ill and need you get extra effective quickly yet you have enable this bypass on for plenty too long. Take advice and ask for help. bypass to the Citizen's advice Bureau. they gained't pay you cash owed yet they're going to instruct you authentic the thank you to assist your self. I have been given to a factor the place i presumed i grew to become into going to be made homeless. It shook me up adequate to understand that me and in user-friendly terms me ought to handle it - coz if i did no longer, human beings could and that i in all possibility does unlike what they could do. That grew to become right into some years in the past. Now i'm "interior the black" (for the 1st time in my existence!) and take administration of issues. Feels an excellent deal extra effective than refusing to open submit, sleepless nights and incessant thoughts of guilt and difficulty. And your parents, God Bless them, does no longer ought to proportion your difficulty and tension. they could relax and be happy with you. Do it. you understand you will sense extra effective interior the tip. good success.

Answer 7

so council parking fines are due to your ill health? thats an excuse and a half. as for your family being drawn into this mess you want to be bloody ashamed of yourself. sort yourself out and get a job or sickness benefit if your that poorly to get a "regular job"

Answer 8

Find a good insolvency practitioners. Marshalls (in Poole, Dorset) are one. They may well advise you to set-up an IVA (independant voluntary arrangement) which means that you declare yourself insolvent before the court does.
Good luck.

Answer 9

every right