question category: Bailiffs

can the bailiffs take stuff thats not owned by the person with the debt?


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Re: can the bailiffs take stuff thats not owned by the ...

The short answer is no, they shouldn't. However firstly you have to be sure its a bailiff you are talking about.

A normal debt collector has NO powers to seize goods and it is illegal for them to say they do. It isn't normal for a bailiff to deal with ordinary consumer debt. They are most often used for council tax and fines.

A bailiff does have powers to seize goods and there is lots of information here about that.

If you have a bailiff visit you - the situation is extremely serious. Not just because they can seize goods but because they will add extremely large fees and costs to your debt. Of course they should only uplift goods that are yours but in practice the onus is on you to prove you don't own them - which is often difficult (and embarrasing).

If a bailiff does gain entry to your property they will list your goods in what is called a walking possession. Once they have done that the goods are theirs and though you might have the right to complain about them in practice hardly anything ever happens.

Anyway they rarely actually want the goods themselves they will use them as leverage to get more money from you.

If your situation is urgent click on my name and email me at Debt Advice Foundation.

 

Re: can the bailiffs take stuff thats not owned by the ...

If you want to complain about a bailiff (and you always should)

First complain to the Bailiff's company - you have to do this before pursuing other options.

All bailiffs or enforcement officers are members of a professional body - with a complaints procedure.

http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/compla...

For example

Association of Civil Enforcement Agencies (01242 241456)
http://www.acea.org.uk/complaints/

Enforcement Services Association (0117 907 4771).
http://www.ensas.org.uk/pdfs/ESA.pdf

High Court Enforcement Officers’ Association (complaints@hceoa.org.uk)

If you are complaining about fees you should also complain to the court.

If you are complaining about the conduct of a bailiff you should also complain to the original creditor.

I wish more people would spread the word about unfair bailiff practices. The Consumer Action Group does good work in this area.

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/

Ultimately you have the right to bring your case to the attention of your local councillor and your MP. There is legislation working its way through Parliament which aims to INCREASE the power of bailiffs.

This question was answered by Debt Advice Foundation, an independent UK debt advice charity. Debt Advice Foundation provides a free, confidential helpline and can advise you on debt issues. Click here to find out more.

 

Re: can the bailiffs take stuff thats not owned by the ...

My son no longer lives with me and is out of the country,i am due to have a ballifs visit ref a parking fine he owes,can they take my belongings ?

 

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