can bailiffs take MY property?

Question

my son has the bailiffs after him he has just moved back to my house can they take my items to pay his debts ? this is so stressful

Answer 1

They cannot take your things just his. Go to CAB (citizens advice bureau)and sort your worries out by sorting out your sons. chick take a mellow moment now as you have to make an appointment to see them and take with you all his info they will need such as creditors etc not forgetting to comprise a list of what he needs to live on including his keep to you. The weekends here soon so dont worry yourself to death it will be resolved as soon as you see the people who are in the know to get things more managable for yoour son.

Answer 2

A Bailiff cannot enter the premises UNLESS he has already been into the premises and taken what is called 'Walking possession''. A High Court Sheriff has more powers and only comes into play IF the debt is more than £600 and a High Court Writ is issued BUT he still has no power to enter Residential Premises. He can though enter Commercial Premises by force if necessary. The bailiff is wrong to say you can't make an offer to pay. That is down to a Judge not the bailiff. If a bailiff breaks into your premises and has not previously taken walking possession, call the police. He is committing a burglary. To the person who's Son had their arm broken - SUE - they cannot use force...

Answer 3

Check with citizens advice to make sure you know exactly what your rights are . The major problem could be proving that the property is yours. You do not have to let bailiffs into your home though, don't answer the door unless you are carrying a mobile phone and call the police immediately should any bailiffs come to your door.

Answer 4

Bailiffs can only ever take property of the person named on the debt. They cant take your stuff even if your son uses it (eg bed, furniture etc) They cant take his clothes, work tools, car on HP. If he has a car (read between the lines) then the bailiffs can only clamp it if they know where it is. If it was eg locked in a friends garage, they wouldnt know about it.
If they are county court bailiffs they should be able to advise him how best to deal with getting the order varied so that he can pay the debt affordably.
if they are council tax/fines/tax/vat bailiffs go to your local cab for advice.

Answer 5

I think Emmarose is right - I'd check this with the CAB to be sure.
But, my feeling is that they probably CAN do this. I agree with Harry (third answerer) - I think the law states that the onus of proof is on you to prove that the possessions are yours - not on the bailiffs to prove they are his. Otherwise it would be dead easy to stop them taking anything wouldn't it? You'd just say everything belonged to you! How would they be able to prove otherwise? As Barrie B says, if they are reputable bailiffs they'll have full knowledge of the law and what they can do.

Answer 6

the plain answer is NO.
but anything that belongs to him , yes .
if it is your home , and he obtained the debts in his name at a different address , then you have the law on your side to have the bailiffs removed , if their did come to you.
BUT THE BAILIFFS KNOW THE LAWS THEMSELVES , SO WILL GIVE YOU NO BOTHER, ONLY YOUR SON. he is the person in trouble , any cars etc belonging to him , \at your address or from any other address , he will have to give up.
BUT YOUR PROPERTY IS SAFE .
YOU CAN GET LEGAL ADVICE , BUT YOU WILL GET THE SAME ANSWER AS I HAVE GIVEN.
i know it is hard to do , but be like me , put your son out , and tell him to stand on his own feet, why should you have the worries of his doing..

Answer 7

No, bailiffs cannot take your stuff. If your son is over 18 you have no duty to provide housing for him. Surely it is time your son took responsibility for his own behaviour and suffer the consequences? I can't see what you get out of saving your son - you must be firm - I believe this is what thay call tough love.

Answer 8

No, they can only take the person who is named on the debt - you might have to prove an item (TV etc) is yours via a recipt / proof of purchase those.

Also remember not to let them them in, they can only come in / re-enter if you invite them (or have invited them in perviously). They can try to gain access through an open door or window, but cannot break in unless they have been previously allowed in. They may apply for a court order to get a locksmith to gain entry though.

Best thing to do:

Get your son down to the CAB ASAP.
They'll talk to the creditors and work out a plan.
Slap your son. Hard.

Answer 9

In a word no because the stuff belongs to you and not him. contact the bailiffs and agree a payment plan.

Answer 10

No no no,they can't...It's your son's debt,not yours and they cannot touch your property..If they knock on the door do not let them in..They can only enter your home on invitation ....Please see CAB and they will advise you but do not be intimidated by bailiffs....