Bailifs threatening to take my partners belongings

Post Reply
smitty4life
Posts: 4
Joined: 19 Feb 2017 20:33

#1 Bailifs threatening to take my partners belongings

Post by smitty4life » 19 Feb 2017 20:56

I have a ccj for a loan i took out many years ago i was making the repayments as instructed by the courts, but lost my job again so missed a couple of payments anyway this past week i had a visit from a bailiff threatening to seize all the goods in the house.

When i pointed out to him that i don't own anything in the house except cloths an old bed and a microwave everything is owned by my partner he said that didn't matter because we live together he could take it all.

The debt was in my sole name and my partner has receipts/credit card/bank statements as proof of purchase/ownership but he said that didn't matter because we are living together in the same house so everything is fair game.

Is this true? they can take what belongs to my partner which has been paid for out of her own money? to pay for my debt.

My partner is really scared they are going to take her belongings now what can i do?

He said he will be back and if i don't let them in he will call a locksmith please help.

User avatar
Schedule 12
Posts: 13259
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#2 Re: Bailifs threatening to take my partners belongings

Post by Schedule 12 » 19 Feb 2017 22:17

smitty4life wrote:
19 Feb 2017 20:56
I have a ccj for a loan i took out many years ago i was making the repayments as instructed by the courts, but lost my job again so missed a couple of payments
That is a "change of Circumstances". You can apply for a stay of execution and a variation on s court form N244 and a means enquiry form N245 and that will stop the enforcement.




anyway this past week i had a visit from a bailiff threatening to seize all the goods in the house.
Bailiffs cannot do what is called a "global levy". He has to list each and every item on prescribed paperwork and it has to be valued.



When i pointed out to him that i don't own anything in the house except cloths an old bed and a microwave everything is owned by my partner he said that didn't matter because we live together he could take it all.
Most of that is exempt goods. Bailiffs would be liable for the replacement cost if he interfered with them. In any event, he doesn't want your stuff. Second hand clothes only get £4 a kilo and 2nd hand microwaves are worthless.




The debt was in my sole name and my partner has receipts/credit card/bank statements as proof of purchase/ownership but he said that didn't matter because we are living together in the same house so everything is fair game.
Your partner can make an affidavit proving ownership of her goods. Nobody has receipts for everything in the house.



Is this true?

No.

The law says the bailiff can only take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribuanals Courts and Enforcement Act 2007.



they can take what belongs to my partner which has been paid for out of her own money? to pay for my debt.

The bailiff would be stupid if he carried out that threat. Your partner can bring an action against the bailiff under section 3 of the Torts (Interference with Goods) Act 1977. She would be entitled for new for old replacement cost.


My partner is really scared they are going to take her belongings now what can i do?
Let him take it and she can recover it all. Make the affidavit first to prove the bailiff knows the goods do not belong to the debtor.



He said he will be back and if i don't let them in he will call a locksmith please help.
Bailiffs cannot break in with a locksmith. There is no provision for bailiffs to apply to a court to break entry in respect of unpaid judgments.

That only happens for unpaid court fines and even then, the authority to break entry has to be applied separately from a JP. Not even Court Service employees can issue a warrant of entry. I mention that because a certain court manager thought she was authorised to give bailiffs permission to break entry. She became royally unstuck in the subsequent Ministry of Justice complaints team investigation.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

smitty4life
Posts: 4
Joined: 19 Feb 2017 20:33

#3 Re: Bailifs threatening to take my partners belongings

Post by smitty4life » 20 Feb 2017 08:09

Thanks for the quick response and advice David you have certainly eased my mind the guy seemd so sure about what he was saying.

Please can you tell me how i go about drawing up the affidavit? it would be a great help.

smitty4life
Posts: 4
Joined: 19 Feb 2017 20:33

#4 Re: Bailifs threatening to take my partners belongings

Post by smitty4life » 20 Feb 2017 08:54

smitty4life wrote:
20 Feb 2017 08:09
Thanks for the quick response and advice David you have certainly eased my mind the guy seemd so sure about what he was saying.

Please can you tell me how i go about drawing up the affidavit? it would be a great help.
I mean thanks Jason my minds all over the place at the moment sorry.

User avatar
Schedule 12
Posts: 13259
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#5 Re: Bailifs threatening to take my partners belongings

Post by Schedule 12 » 20 Feb 2017 10:24

I've attached a template one at the foot of this post.

It must be signed (sworn in) before any local solicitor. Take £5 with you and some photo ID.

Keep copies inside the front door and hand one to a bailiff if he turns up. Keep the chain on the door. Record everything on video
You do not have the required permissions to view the files attached to this post.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

smitty4life
Posts: 4
Joined: 19 Feb 2017 20:33

#6 Re: Bailifs threatening to take my partners belongings

Post by smitty4life » 20 Feb 2017 11:32

Jason in respect to this section

2. I, [with my spouse] are the sole proprietor of The Property, as evidenced by an entry on the Proprietorship Register maintained by Her Majesty's Land Registry. I hold the property in Fee Simple and benefit from indefeasible Title Absolute.

we do not own the house it is a housing association property should i delete that section?

And i assume my partner should change this section from We to I

3. We have no liability whatsoever or wheresoever in the matter that affects The Debtor. Therefore no responsibility is assumed or accepted whatsoever in respect of The Debtor's obligation in relation to outstanding amounts due to any of The Debtor's creditors.

Is that correct? also where in the document should she list the items? under the Line?

User avatar
Schedule 12
Posts: 13259
Joined: 30 Jul 2012 21:23
Location: London WC2
Contact:

#7 Re: Bailifs threatening to take my partners belongings

Post by Schedule 12 » 20 Feb 2017 11:51

Change it to singlular. It's just a template to give you a starting point.

No need to list goods. You can make exclusions without listing what the exclusions are.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

Post Reply