Bailiffs and Idiot Brother-In-Law

[birdie1971]

My brother in law is staying temporarily at his mother's address. A letter came for him on Thursday last week from a Court Enforcement company, demanding immediate payment of �170 in seven days (for an unpaid fixed penalty notice from 2006!) otherwise they'll send the bailiffs round to his house (his mother's house) to seize items. Can they do this? He doesn't really own anything of value - paractically everything in the house belongs to his mother.

Any advice / suggestions would be appreciated.

[Eve]

They cannot sieze anything that doesn't belong to your brother in law.

[NORMANTHEDOG]

as long as she can prove anything of value is hers and not his then they cannot take anything

[obNOXious]

Rather important... norman is perfectly correct, but when they come calling don't let em in, tell them that the house and all it's contents belong to the lady in question and tell em to sling their hook, however nice and reasonable they might sound.

[birdie1971]

I thought that was the case but assuming they do gain entry, how can she prove that everything's hers and not his? I would have thought that this is almost impossible to prove. We've advised to keep her doors locked and not let in anyone she doesn't know.

Thanks for taking the time to give me your views.

[CheekyChops]

Do not let them in, speak to bailiffs through the letter box or a window (upstairs one!). Once they have gained peaceful entry, they are allowed to break in on subsequent visits.

Usually the first time they enter your property, they will make a 'walking possession' order - basically they will make a list of all goods and the values. The debtor must sign this.

They will leave the goods where they are and make a repayment agreement with the debtor, if this is not stuck to they will return, possibly force entry and sieze the goods listed on the walking possession order.

Your BiL would need to prove that the goods were not his - were they bought on credit and therefore there is a credit agreement? A bank statement showing the purchase etc?

It obviously would be best to cough up what he owes before it ever gets to the stage of having goods siezed.

If you Google bailiffs, there is plenty of helpful info.

[birdie1971]

Cheers CheekyChops.