Can a bailiff remove a computer from your home which contains personal data?

Question

My mate has just told me bailiffs are coming to remove her goods to the value of £3000 on 1st march 2007 and she is unable to pay them any money as she does not earn very much and is a mother of 4 children under the ages of 8 years. she doesnt really have anything of very much value in her home except her computer. This is the only thing she said she does mind about being taken as a hard drive contains so much personal data and her only photographs of her children are all stored on it. Shes also worried if bailiffs took the computer someone could get information on her credit card details etc as they can be retraced even after they are deleted if the right person managed to get hold of the comp and shes worried that she will become a victim of identity fraud. Also shes worried about her kids having to go through the stress of the bailiffs entering her home and taking stuff in front of them. Does anyone know the law on what bailiffs can do and take?

Answer 1

They can take anything! Her best bet is to store the computer elsewhere until they have been.

Answer 2

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RE Can a bailiff remove a computer from your home which contains personal data?

My mate has just told me bailiffs are coming to remove her goods to the value of £3000 on 1st march 2007 and she is unable to pay them any money as she does not earn very much and is a mother of 4 children under the ages of 8 years. she doesnt really have anything of very much value in her home except her computer. This is the only thing she said she does mind about being taken as a hard drive contains so much personal data and her only photographs of her children are all stored on it. Shes also worried if bailiffs took the computer someone could get information on her credit card details etc as they can be retraced even after they are deleted if the right person managed to get hold of the comp and shes worried that she will become a victim of identity fraud. Also shes worried about her kids having to go through the stress of the bailiffs entering her home and taking stuff in front of them. Does anyone know the law on what bailiffs can do and take?

Answer 3

They cannot take "tools of the trade", things like computers which could be used for work cannot be taken.
If she's worried about the effect on her kids then she needs to contact the bailiffs and arrange a time when the kids won't be there. I can guarantee that some big men storming in the house will be quite traumatic for them.

My advice, ring the bailiffs, and ring the companies you owe money to and try and sort it out.

Answer 4

I take it that you are in the UK as you mention £ not $. Your friend needs to seek very urgent advice from somewhere like her local Citizens' Advice Bureau. Whilst they do have queues, if she explains that the bailiffs are coming on 01/03/2007, they should see her straight away.

Bailiffs have to follow rules and regulations and they can only take items which are not essential to live. One thing she must not do under any circumstances is invite them in the house at any stage. Once they have stepped over the threshold once by invitation, this means that they have a right of immediate access to the house.

She really, really does need to seek the advice of the CAB. It could be that they could help stall the bailiffs or remove the need for them altogether. Please advise her to get down there now.
All the best to her xxxx

Answer 5

Unfortunately, they can take anything that has potential auction value. However, if she has not been visited yet, the best thing to do is get the computer out of the premises as soon as possible.

If they have visited and "tagged" items, all she can do is remove the sensitive information.

Another point is that the auctioneers have a duty under law to work within the Data Protection Act and usually will wipe the hard disks before re-sale.

Answer 6

It is unlawful for bailiffs to seize anything which is in actual use and it is an old trick to switch on all automated machinery to thwart them in this way. Here's a list circulated among bailiffs for her to wave at them just to demonstrate that she knows her rights:
Goods exempt from distress

The law in force prohibits the removal of the following goods:

Money (unless contained in a bag or tin)
Perishable goods (fresh food items etc)
Fixtures
Goods delivered to a person by way of trade
Things in actual and personal use
Things in the custody of the law
Clothes, bedding and tools of the trade to the value of £ 150.00
Goods subject to hire purchase
Goods in the mail

So make sure that computer is on whenever the bailiffs come knocking at the door. And keep that list handy!

Answer 7

Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:
tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family
Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:
clothing, beds and bedding tools of the trade
basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.
Can I hide goods?
It is not unlawful for you to remove goods from your house or hide them before a bailiff visits unless the bailiff is distraining for rent. Remember that a bailiff, having gained peaceful entry, can return at any time and if s/he believes that goods have been removed or hidden prior to their visit, this is likely to happen. For what to do if a bailiff visit is imminent - see below.
What if the bailiff does seize goods that do not belong to me?
If a bailiff seizes goods that are subject to a Hire Purchase agreement, seek advice urgently. Goods on HP do not belong to you until you make the final payment, but there may be circumstances in which they can be seized.
If goods have been seized wrongfully, then the owner of the goods can apply for them to be returned. You will need to get further advice about this. Dont listen to half the rubbish people have said on here.

Answer 8

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Answer 9

Hello

It is difficult to give specific advice - it does depend on what type of debt they are trying to collect. Is it Council Tax. Are they Court appointed Bailifs? Or Private Bailiffs

Have the bailiffs already been in the house and taken an inventory of your friends goods. If they have not been in her house yet she can refuse to open the door.

Is your friend on benefits.

It all makes a difference to the type of advice that I can offer. Feel free to add information to your question and then I can probably be of more help.

I would suggest your friend contact National Debt Helpline for free advice. (They are a Charity) She will be able to give them specific details and they can advise her from there. I have their details below.

FREEPHONE: 0808 808 4000
Monday to Friday 9am to 9pm
Saturday 9.30am to 1pm
24-hour voicemail. Please leave a message to request an information pack or factsheet.

FAX: [phone]

POSTAL ADDRESS:

National Debtline
Tricorn House,
51-53 Hagley Road,
Edgbaston,
Birmingham
B16 8TP

Hope some of that helps

Good luck

Answer 10

Tell her to take the kids to her mothers for that day and just return home in the early evening the kids wont know the difference then, or better still take her pc to her mothers! they can't force entry and it might be weeks before they come back, but she should see a debt counciller! there is help out there in cases like yours expecially when kids are involved. If she does let them in to her house the computer is the first thing they'll take as it has an easy to sell market and isn't classed as a necessity... unless she's paying it on credit then it should be safe if she produces the payment card.

Answer 11

Kiss the computer goodbye. Personally I would take it to my mates place and get him to look after it -- along with anything else i didnt want 'taken' . The baliffs can not take items that enable a person to do his trade.. i.e Bricklayers tools, a uniform for a job......