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Legal matters

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Original poster

Baliffs - how much can they take???

23 replies

jerin · 27/10/2009 19:13

SIL has them coming back tomorrow. They're not going to pay the arrears as figure they dont have much to take and what they have got is in poor condition. But surely they will be determined to get the value so can they take beds? Carpets? The car? Clothes? The oven? Fridge?
I'm not sure they've thought it through....

OP posts:

RealityBites · 27/10/2009 19:15

This reply has been deleted

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FluffySaysTheDailyMailsShite · 27/10/2009 19:17

She doesn't have to let them in unless she already has and they have a list of things to take. It's normally non-essential items, not beds/carpets etc, things like furniture. She needs to contact the CAB as soon as she can, the things they take will be sold at an auction for a fraction of what they are worth.

FiveGoMadonTheDanceFloor · 27/10/2009 19:21

They can take anything that is not necessary but I don't think they can take anything from a child's bedroom.

DailyMailNameChanger · 27/10/2009 19:24

They will take everything they can (they have to leave a bed, 1 chair per person, a table and so on - ie not much). They then auction everything for whatever they can get, take the final figure off what is owed - and then come back again and ask how you are going to pay the rest off.

If it is not going to cover the amount owed they will still be expected to pay, letting them take your stuff does not let you off the hook.

Also, make sure anything that is not your SILs is out of the house before they come, they used to leave anything not owned by the debtor but new policy is to take them anyway and the true owner has to go to the baliff with a reciept to prove they own the item and claim it back. The owner will have to provide transport if required and the baliffs use central warehouses so it could mean a few hundred miles of driving to reclaim.

sagan · 27/10/2009 19:26

Go to the citizens advice centre first thing. I had a bailiff show up for council tax arrears that I didn't even owe, and said in the phone he wouldn't take installments, and he had to come in to discuss it. DO NOT let them in. If he has already been inside I think it's a bit different. My situation was sorted out with a few hours and lots of phonecalls. Never had so much as an apology from the council , but I guarantee the CAB can help

DailyMailNameChanger · 27/10/2009 19:27

Oh, yes they can take the car if it is owned by SIL or anyone financially linked to her - tell her to be careful if she has a loan agreement on it as most policies make it clear that you are not allowed to let anyone take the car out of your possession - ie they would lose the car, still owe the finance and be in breach of contract and open to having the funds recalled (when they will have to pay the full amount immediatly).

runnyhabbit · 27/10/2009 19:30

Pretty sure bailiffs are not illegal.

However, need to find out if they've already been in the house to itemise goods. If they haven't, then don't let them in.

IIRC correctly no room is "safe" so if they do get in, and there is a tv in the dc bedroom, they can take it

If the bailiffs take the goods (assuming they've already been to itemise stuff) then chances are it will be taken to auction to pay off the debt. If there is still a balance after the auction(ie, not enough money was paid for their things) then they may still have the balance of the debt.

Really sorry this is happening.

electra · 27/10/2009 19:33

The only way they can get in is via peaceful entry - ie if a door or window is open. IIRc you don't have to let them in and if you don't they can't take anything and they are not allowed to break in unless they have already been inside the house.

RealityBites · 27/10/2009 19:33

This reply has been deleted

Message withdrawn

runnyhabbit · 27/10/2009 19:34

Lots of x-posts

Ref the car. If it's on finance, then I'm pretty sure the bailiffs cannot take it, as techinically your sil doesn't own it, iyswim. Might be worth her while moving it though?

Def speak to CAB, or similar though

Original poster

jerin · 27/10/2009 19:36

Ahhh thanks. She was out today when they came but someone was home and let them in. It's for council tax - a years worth or more. They moved into house last year but never put their name onto bills and havent paid it. If her car wasnt there today do they have any way of knowing they have it? Guess they'll take it next time. Theres no way other stuff in the house will equal the amount owed. The council tax bill wont be in their names it'll be in family members name that they rent from. (I say rent in the loosest terms as they've not paid that all year either) That person owns the property outright but lives overseas. When the owner lived there they paid only single person council tax.

OP posts:

DailyMailNameChanger · 27/10/2009 19:37

They can come in, if they are there re CTax they will just bring a court order and police.

sagan · 27/10/2009 19:38

If the council tax bill is not in their name all they will have to do is show ID I think. They can't take things that don't belong to the person named, even if is them that owe it iyswim

DailyMailNameChanger · 27/10/2009 19:42

Difficult one, they have to prove it is not the right person - ie if it is not in their name they cannot take anything however they will still owe the money of course.

THe fact is that any court papers etc will be in the wrong name so the baliff should not be able to proceed on that basis.

SIL need proof of her ID and proof that she is the resident at the property. Of course it is only putting it off but maybe they will have time to pay it off before they arrive again?

Unless the issue of who is responsible for the bill has already been resolved?

Original poster

jerin · 27/10/2009 19:52

I dont think they're bothered about paying it off. They could but are saving for their wedding -hence they've not paid rent all year either. I'll get DP to talk to them later and find out what their plan is. They own the car outright and that would pay the debt I think but they're relying on selling that to pay for the wedding. I wonder if they've paid gas, electric, water...... I've a feeling I know the answer

OP posts:

DailyMailNameChanger · 27/10/2009 20:43

They will ask them if they own a car. They would be well advised not to lie about it, there are ways to trace things like that.

About paying it off, they will be back and back and back, if they get nothing they will go for an attachment to earnings. This will mean they will contact the employers directly about the debt.

Original poster

jerin · 27/10/2009 20:48

Thanks for all your replies..... will try to speak to them later and pass on all your advice, Will try to get them down the CAB tomorrow too. I think they think they've got nothing so they cant take much..... they seem very laid back about it all

OP posts:

DailyMailNameChanger · 28/10/2009 11:43

Hope things are ok today jerin?

onadietcokebreak · 28/10/2009 11:51

If its not in your sisters name surely there is nothing they can do.

I think she does need a reality check about budgeting though.

giveloveachance · 28/10/2009 12:08

they value stuff for very little, so a tv that cost you £300 they will say is only worth £50 so they can and will take as much as they can - and the car is a sure fire bet.

worried for you and them that they are so laid back about it. They will be in for a shock!!!

coolma · 28/10/2009 12:15

They sound like idiots who deserve it to be honest! Sorry if that sounds harsh but I'm sure a lot of people would agree.

AvengingGerbil · 28/10/2009 12:32

They're not paying tax (to fund schools, roads, emergency services etc for everyone)to pay for their wedding. It's not that they can't afford it. They deserve to have everything taken away. [harsh emoticon]

Original poster

jerin · 28/10/2009 19:06

Thanks for messages. not quite sure what happened but they have managed to stop the baliffs and have been to the council to put their names on bills and to arrange paying it all off. They've also called all the other utilities to put their names on the bills and are arranging to get them paid. I'm completely stunned that they can be so stupid as to pay none for a year or more and think they'd get away with it. I'm guessing the wedding may be off

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