Everything in my household has been brought by myself so nothing is in his name, I have kept EVERY single receipt to prove at anytime too. He is on the electrol role. Can the Bailiffs still seize any of my household items?
I was under the impression that they can't, but wanted to check with you guys first.
Only serious answers only please, thanx.
2007-03-12 10:14:15 · 16 answers · asked by kylie_rm13 3 in Politics & Government ➔ Law & Ethics
This was his debt before he met me, he has been going straight for 4 years and works VERY VERY HARD for me and my daughter, so please refrain from slagging him off!
2007-03-12 10:22:20 · update #1
Hassen love, I told you at the end of this question not to slag off me other half, what is your problem, you stupid woman!
2007-03-12 10:56:39 · update #2
Hassen, I apologise for calling you stupid as you don't know the full story, however I did ask "answerers" to refrain from slagging him off. I would of thought that someone of your stature would have read the full question including the added on comments and realised that I would not appreciate such nasty comments of getting rid of the "deadbeat". I would also like to point out that "living" in different apartments would surely be of no help to my Daughter whom loves her "deadbeat" Daddy very much, as do I!
In future I can only presume you will be reading the full question properly and resist using other peoples vocabulary!
2007-03-13 11:19:30 · update #3
Contrary to popular belief, the bailiff can take what he likes up to the value of the debt. The only exception to this is if the property concerned does not belong to the debtor. A receipt is of little help. It proves that the item was bought, but unless it can be linked to you (e.g.credit card receipt) it does not prove who bought it. In any event the bailiff will sieze the goods unless and until you can prove ownership. the burden of proof rests with you.
If the bailiff already has walking possession then the only option is an application to a district judge to stay the execution. The case will then be listed for a hearing where you will be able to explain to the judge (usually in chambers) why the goods should not be seized.
If there is no walking possession, do not sign one under any circumstances and do not let the bailiff into your house. That way the bailiff has to make an application to a district judge and you can defend the application in the same way.
There is reference in the above post to a 'common law marraige'. UK law does not recognise such a marraige. The fact that you live together is immaterial and the bailiff cannot take your porperty simply because you live with the debtor (unless you are married). If in doubt ask the bailiff to put what he is saying in writing. If he refuses it is probably nonsense.
2007-03-13 07:41:26 · answer #1 · answered by stephen.oneill 4 · 1⤊ 2⤋
No. see you later because the debt is in the the call of your father in undemanding words and consider were given information that you own the products in question they can't be taken. If the courtroom can practice collusion between you and your father for the point of fraud or different forms of evasion then you definately may be accountable of an offence. The courtroom may ought to practice that the products were the resources of your father. If products are bumped off that do not belong to the debtor it truly is robbery and also you should pursue the persons responsible for robbery, deformation, any damage to the products, misery, deprivation of use. robbery below uk regulation is defined as " elimination with the purpose to completely deprive of use" . possession of things is a contested issue in uk regulation and is in undemanding words to the point of a " previous and more desirable declare " certainly possession does no longer exist. you do not ought to allow a bailiff into your position until eventually they're observed by ability of a police officer WITH A WARRANT ( only a police officer isn't adequate ). if the bailiff ( or a police officer ) features get correct of entry to without your fathers permission or a warrant they have dedicated a criminal offence. I strongly recommend that you manage a recording gadget to list any interactions that you've with those human beings for use as information in any destiny courtroom circumstances. a procedures more beneficial useful to eliminate YOUR products earlier THE BALIFFS ATTEND.
2016-12-01 21:45:01 · answer #2 · answered by ? 4 · 0⤊ 0⤋
The bailiffs will be looking to collect the debtors things. If you live together, even if the receipts are in your name, that doesn't prove anything. As long as he is living with you, then it is communal property and all is fair game.
As someone else said, get rid of that deadbeat now while you have the chance and before it's too late!
**I'm not saying this about him to be mean, and I apologize if you were offended, but I was in the same position you were in some 7-8 years ago. The creditors took all MY stuff because he didn't have any equity and everything was in my name? Why did they take my stuff? Because we lived together and for them it is considered common law marriage - as good as if we had actually gotten married. If you don't want to loose everything you own, then get separate houses or apartments, or talk to a lawyer about protecting you assets, and maybe putting your stuff in the name of your parents so it can't be taken away from you. I do wish you the best, but you were more than a little rude to call me stupid. **
2007-03-12 10:36:38 · answer #3 · answered by Anonymous · 5⤊ 2⤋
You are totally safe. If it is in your name they can not take it. Even if you were married to the person and it was in your name they could not touch it. Good luck and Hang tough sounds like it is not such a great situation, hope this helped . TC messtograves. PS. Very smart to keep those receipts.
2007-03-12 10:25:10 · answer #4 · answered by messtograves 5 · 2⤊ 4⤋
as long as you can prove that you bought the stuff you should be able to hold onto it all. you should watch try and tape that beat the bailiff programe on bbc 1 in the mornings. it should give you all the info you need.
2007-03-12 10:27:15 · answer #5 · answered by Anonymous · 1⤊ 3⤋
I'm not 100% sure but if the bailiff did take your stuff the bailiff would be guilty of theft.
Hang on to those receipts......
2007-03-12 10:19:22 · answer #6 · answered by Storm Rider 4 · 1⤊ 4⤋
As long as you prove they are your items and they are just lodgers at your home - we dont have bailiffs in Scotland.
2007-03-13 04:54:07 · answer #7 · answered by Jackie M 7 · 1⤊ 2⤋
if you're married, you could be responsible for some or
all of his debt. Otherwise, with the information given I don't
see how you have anything to worry about.
2007-03-12 10:34:43 · answer #8 · answered by Anonymous · 1⤊ 3⤋
as long as you don't let them put a foot over the threshhold they cannot legally enter or take anything - once you invite them in it is a different story. Just do not let them enter.
2007-03-12 10:41:42 · answer #9 · answered by manc.lass 4 · 2⤊ 3⤋
No they can't but if they're tw*ts like most bailiffs are then they might ask for proof that they were your purchases.
2007-03-12 10:19:50 · answer #10 · answered by Anonymous · 1⤊ 4⤋