Debt Collectors And The Law

[derekpara]

My heavily-in-debt daughter has moved back in with us (!) and is receiving letters from a debt collecting agency. Can they legally employ bailiffs to remove our ( not daughter's) goods ?

The answer seems obvious to me but I would like to be assured.

Cheers.

D

[TheWinner]

No.

[marje]

Definitely not.

[themas]

Debt collectors cannot employ bailiffs at all until there has been a County Court Judgement. They may send threatening letters mentioning bailiffs but if they send anyone to the house before getting a CCJ it will simply be a debt collector with no rights or powers. Such people should never be allowed into the house.

Your daughter would be well advised to go to a free debt advice service - local CAB, or National Debtline or Stepchange - to get help with her problems.

[FredPuli43]

With a judgment, and given the power to enforce it, bailiffs may seize any goods which they think belongs to the debtor. A case some years ago in the Court of Appeal gives a salutory lesson. The debtor was a vendor and repairer of pianos. The bailiffs entered her premises and seized pianos. Unfortunately, most of the pianos were not hers but were in for repair or were held by her for sale on behalf of the owners. Naturally the owners complained, but the Court held that the bailiffs acted in good faith and the owners had no redress against them. The bailiffs had to be put on notice that the goods were not the debtor's. So , if they do turn up, you have to make plain that the goods are not the debtor's ; just telling them would be enough.

There are certain restrictions on the power of entry, but that's another matter.

[derekpara]

Thank you all. I am reassured.

D

[Peter Pedant]

Thanks St Fred - case ? I will read for my edification. [ R v Wang was good ]

Bailiffs can't force entry but sheriffs can - see exciting tv prog about that. But people can let bailiffs in so I think you should start answering the door from the first floor window from now on. [ always was standard practice in NI ]


and I was gonna suggest that you should (start to ) be able to identify your stuff as yours. Not that difficult if there is an agreed date at which she moved in.

[tonywiltshire]

Bailiffs can only enter your house peaceably on the first visit, but an unlocked door or window is considered peaceably entry. Once entry has been made a Walking possession agreement will be made of the items which they are impounding which is when goods, which must be the possessions of the debtor, are placed in the Custody of the law. This means that at a later date the bailiffs can return forcing entry if necessary to remove and sell goods.
So the Bailiffs cannot remove property which does not belong to your daughter, make sure you can prove the ownership of the easy saleable items before entry is permitted.

[FredPuli43]

PP the case was reported in The Times Law Reports . These are often for cases of public interest but, unless they are also reported in the proper law reports, they do not get used as authorities . I think that this case would have been in that category of public interest because the principle applied would not have been new but would have been of interest to lay people. And I regarded as such, and don't now remember the name of it.

[Peter Pedant]

cheers fred succinct as usual
and cheers tony

I read both your posts with..... anticipation

[mackfender]

Cannot enter your house and you have no reason to either speak to them or confirm any details of where your daughter is. If they persist,tell them you are calling the police. Debt collectors have no laws whatsoever to back them.