I have had a lodger for the last couple of years and he has taken three months off to visit New Zealand, and will be back 1st April. I have had a letter put through my door (In an envelope but unsealed and my son opened it) from a court bailiff for a debt of £152.25. The letter said that he called today with a warrant to remove goods and that there was nobody in and he will call again. What is my position. in this - can he take MY goods? - what should I do if he comes back? Do I have to let him into his room? or do I have to let him in at all - Help Please I am worried sick!!!!
2007-02-01 10:24:43 · 11 answers · asked by Rowberry 1 in Politics & Government ➔ Law Enforcement & Police
Did the bailiff leave a phone number on the letter? If so, I would ring him up and explain the situation. They can't take your goods but I'm not sure if they can take his or not. I would also ring up your local citizens advice bureau for some advice too, then you know your rights.
2007-02-01 10:33:20 · answer #1 · answered by deelightuk2004 3 · 1⤊ 0⤋
Don't worry to much unlike some private bailiffs court ones tend to be quite pleasant.The court will be unaware that your lodger is only a lodger and when you explain this they will be as helpful as they can.Any property that is yours is safe and will not be touched by any bailiff as the debt is not yours.Phone the bailiff and explain the situation you will find them quite helpful and will explain what they do to you.Explain that you are uncomfortable with allowing them to remove your lodgers items but are willing to inform them of his return.But basically any item you own even if the bed and furniture in his room was bought by you it cannot be removed by a bailiff.
2007-02-03 10:40:57 · answer #2 · answered by Tony 3 · 0⤊ 0⤋
Make sure he has a warrant issued by a court - this will either be a Warrant of Execution (not as scary as they sound!) issued by a County Court, a Writ of Fi Fa issued by the High Court, or some sort of warrant issued and stamped by a Magistrates Court. If he has none of those things don't even give him the time of day - he's a seedy debt collector with no right to do anything.
If he's legit, then you:
- don't have to let him in unless he's got a further warrant from the court allowing him forced entry;
- don't have to give him your goods.
If I were you I'd just explain the situation and show him some proof of who you are, and that it's your house. If he's a County Court salaried bailiff then he'll be cool with that and either cancel the warrant or suspend it until your lodger gets back. In the first instance they tend to simply just knock on the door and ask if you're going to pay - just don't voluntarily let them come in in case they start to claim possession of all your goods. Again, explain why you're not letting them in. Be honest about it.
If you think that he's being aggressive, or not listening to you, or if he forces his way in, then telephone or visit the court that issued the warrant to make a complaint about him and to set aside the warrant.
2007-02-01 10:32:40 · answer #3 · answered by Joe 5 · 2⤊ 0⤋
It is a little complicated, but the bailiff don't have any rights to enter the property even if the person from the house open the door, the only way is if the person from the house went to a court and the judge's decision ruled against this person and was fined and didn't pay the fine, by law the person accused must go to the court to be fined so bailiff only have the right when the person was ordered to pay by a judge, otherwise no chance, people believe that the bailiff have the power and it is not so, so don't worry.
2016-05-24 03:14:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No they can not take any of your goods. You need to explain that the person in question was a lodger and not the home owner and the fact that they have left. I don't believe they have the right to enter your property and if they try to do so i would call the police to ensure all above board. At worst case they could only take goods from the persons room that belonged to the lodger.
2007-02-01 10:32:51 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Phone the bailiff and tell him what you wrote here and also say you will inform him at the return of your lodger. If you can contact your lodger inform him of these new events.
2007-02-01 10:32:20 · answer #6 · answered by stevesolo 1 · 1⤊ 0⤋
The bailiff cannot take your goods and I believe that if your former lodger owes you any rent, your right of distraint over his goods has priority over the bailiffs'.
2007-02-01 10:43:13 · answer #7 · answered by Clive 6 · 0⤊ 0⤋
Under no circumstances should you let him in. If he pushes the issue then contact the police and then explain the situation to the police officer. These bailiff's don't listen so a mediator might be needed.
2007-02-01 10:32:45 · answer #8 · answered by Rachael H 5 · 1⤊ 0⤋
do not worry they have no right to enter your house,not even to remove your lodgers belongings,if they try to force you call the police as it is your house and you owe them nothing, it is your name on the door,so the warrant will not be in your name.
2007-02-01 10:56:58 · answer #9 · answered by Aonarach 5 · 0⤊ 0⤋
They can take you lodger's thing if he has the proper papers, but not your stuff. don't worry about it, and if you can contact the lodger to let him know what is happening.
2007-02-01 10:30:02 · answer #10 · answered by ? 4 · 2⤊ 0⤋