my housemate is in debt. would bailiffs come round and my stuff, just because we live in the same house?

Question

My housemate is in excessive debt and i've just found out a debt recovery company is demanding repayment or the bailiffs will turn up. I know they cant take my stuff as it's theft, but would they take it first and ask me to prove it's mine later?

Answer 1

It would be great if you have kept any receipts that tie up with any property belonging to you. Try and make sure you are there when the bailiffs turn up or remove your property to another location before they turn up.

Answer 2

It seems to me you are a long way from meeting a bailiff.

Just to be sure I would get a lock on your door and make it plain it is a seperate dwelling.

A debt recovery company doesn't have any power to seize goods. Only a bailiff enforcing a court judgement (CCJ) can do that.

A bailiff can't break in - and to be honest doesn't want to - he wants the money. If it does come down to the last resort the bailiff will list the debtors goods and give him a final chance to pay.

Answer 3

You could be placed in a difficult position. The bailiffs will not know the ownership of the various goods in the house and if you are not there at the time they might well take goods that are yours.You might have a lot of difficulty proving your ownership and getting the goods returned in good order.If you know when they are calling make sure you are there to protect your interests as much as you can.It also makes me wonder whether your housemate is maintaining their part of the arrangements re the rent and so on.Perhaps you should be looking for a more reliable person to share your accommodation.

Answer 4

Firstly DO NOT invite any bailiff into your home, i've heard that it then gives them automatic right to break in at any other time. Secondly, would suggest you find all receipts of your goods, just in case. You are not liable for your housemates debts, but there are some dodgy bailiffs out there who would do anything to get their money. Also suggest you contact the National Debtline they can give you advice on your rights with regards to Bailiffs their no is 0808 8084000

Answer 5

Unfortunately you are under a misapprehension if you think it is theft. Unless you can produce receipts or other written proof of ownership, and who can, for your possessions, they will take them and auction them, even if the goods are not in the part of the house/flat occupied by your housemate.

Bailiffs can be used to seize goods for payment of arrears on all kinds of debt such as council tax arrears, child support arrears, debts in either the county court or High Court, national insurance, VAT and tax. There are several types of bailiff and it is important to find out what debt the bailiff is collecting as the rules and the law are slightly different in each case.

Before bailiffs can act they will first receive instruction by the issue of a warrant, which will specify how much you owe. How a warrant is issued and whether it can be stopped is dependant on the type of debt involved.

If the bailiff is enforcing a debt which has gone to either the county court or High Court, you can apply to the court to have the bailiff's action suspended. Where the bailiff is acting on behalf of the county court you will need to fill in an N245 - Application to Suspend the Warrant. This form can be obtained directly from your local county court or downloaded from the court service web site at www.courtservice.gov.uk. You will need to complete the form and make an offer of payment. Instructions on how to complete it are contained on the form itself. You should then send the form (along with the relevant fee) to your local county court. In the High Court you will need to apply for a Stay of Execution.

Bailiffs cannot use force to gain initial entry to a property; they can only use 'peaceable means'. Walking in through an unlocked door or climbing in through a window, in such a way as long as they cause no damage, is acceptable. Forcing their way past someone at the door is not. (The only exception being that bailiffs acting for the inspector of taxes can apply for a warrant to force entry on a first visit, but this is very rare).

A bailiff who has gained peaceful entry can use force to open internal doors and cupboards, and will be able to return to the property in the future and if peaceful entry is denied they have the power to break in.

Once the bailiff has gained access they can seize any goods which belong to the debtor although there are some general exceptions: tools, goods, vehicles and other items of equipment as are necessary to that person for use personally by him in his self-employment, business or vocation' and 'such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family'.

The bailiff is not allowed to take goods that do not belong to the debtor or are subject to hire purchase or conditional sale agreements . The bailiff can also take goods which are jointly owned by the debtor and another person, but if they are eventually sold they must pay the other person their share of the money.

If the bailiff gains peaceful entry they will make a list of all the goods that have been seized. The bailiff can remove goods immediately, and will usually do so where the goods in questions are vehicles. More commonly however, they will leave them on the premises and ask you sign a 'walking possession agreement'. A walking possession agreement means that the bailiff is now in control of the listed goods but is leaving them on the premises for you to look after and continue using. If you sign the walking possession the bailiff can usually charge an additional fee. You will have a short period of time to come to an agreement to pay the arrears (usually 5 days) before the bailiff can return with the intention of removing the goods to sell at public auction.

Occasionally, the bailiff may do something wrong or act beyond their powers. When this happens there are various avenues for making a complaint. In the first instance, you should try complaining to the bailiff's firm. If this does not remedy the matter you can take the complaint to the creditor as the bailiff is acting as the creditors' agent. Check to see if the creditor has a formal complaints procedure and any codes of practice.

If the complaint is still not resolved you can take the matter to the bailiffs' professional or trade organisation. All have the power to discipline the bailiff including exclusion from membership and they can award compensation. If this is a route you want to pursue it may be advisable to contact your local free advice centre for assistance. You may consider taking action against the bailiff in the county court. Sometimes the issue of a Claim can prompt the bailiff into settling without the need and expense of actually having to attend court.

Answer 6

Put all your stuff in your room and mark it as yours. If the balifs do turn up, they can only take the personal property of your housemate. Most are quite reasonable and professional, they'll have done things hundreds of time before and know the score.

I would suggest the best move is your housemate "leaves" cos if they turn up then you can tell them he's left and taken all his stuff with him, at which point they have no reason to even enter the house

Answer 7

you can ask the bailiff to do a walking possesion order, that is where he sees what you have got, notes it down and then you come to an agreement of how much to pay each week, then if you break that agreement, then he can come and take your possesions, they are then sold at auction and that amount is taken off what you owe, you are still liable for the rest. same with a debt collector, you can come to an agreement to pay so much each week, failing that they take you to court, sometimes it is better to go to court, because the weekly payment is less from them, they take into account how much it cost for you to live etc. and the repayment can be as little as 1 pound a week, hope this helps

Answer 8

they can take whatever they wont up to the value of the debt..even if some of the stuff in the house is yours..you will need to prove to them you own it..that can be hard to do as no everyone keeps all the paperwork for things these days.if you own the stuff move it to a freinds or relatives house and just leave them to take the items of the person who owes the money,the system is unfair and bailiffs wont fall for sob stories...they are there to do a job.

Answer 9

Bailiffs can and will take your belongings , unless you have proof that they are yours.

They can not enter your bedroom

If you do not allow them in , and no windows are open , they can't gain entry , dispite what they say.

Tell your mate to go to CAB , they could help him

The last thing your mate wants are the bailiffs calling

Good luck

Answer 10

I think you should find somewhere else to live as fast as possible. Nobody wants bullying bailiffs rampaging through the place they live and wrecking their stuff. It's your housemate's problem and you're getting sucked into it. Get out now!