Bailiffs

[PJMasksGhekko]

Can anyone advise me please.
Can bailiffs take anything belonging to my parents, my brother was living there until he moved for work, not in this country, he had a speeding letter which went unopened, or he ignored not 100% sure.
My parents had the bailiffs turn up last week and threatened to get the police to start removing items if they did not pay the debt as my dad could not prove none of the items belonged to my brother, is this right?
He wasn't living there long, just a few months after splitting with his ex.

That's pretty much right. If he cant prove it then they will take them. Anyone could say stuff doesnt belong to them otherwise.

Do they have proof of his new address?

I'm royally pissed off with my brother, I know that people can say that gamerchick, it's just bloody frustrating, I hope he bloody well pays them back.

Not sure Georgie, he's out of the country again, conveniently.

You don't have to let bailiffs in. They can't force entry.the fine in in your brother's name your parents just need to provide proof he no longer lives there

Well that’s what they need to ensure the bailiffs can’t take their stuff so I’d suggest they make it a priority.

I will assume they let them in, as the debt has been paid
They haven't actually told me it's happened, they've never had to deal with them before.

Thanks for all your help, i wish they had told me, I could then have found advice before they paid.

Oh it’s been paid?

Yes because they threatened them with the police.

The police don’t get involved in civil matters, they wouldn’t have done anything. Maybe just attended to keep the peace.

Proving that your brother doesn't live there is the easiest way to get rid of them eg tenancy agreement/mortgage statement/land registry/electoral register/council tax bill. Also, if you give them the correct address/contact details for your brother that should also have got rid of them.

If they told the bailiffs that he doesn't live there any more, they should have asked for proof of that. It's a shame they didn't call the police as they wouldn't have allowed them to take goods if your parents can prove your brother lives elsewhere. If your parents paid the debt because the bailiff told them something untrue or didn't follow procedures correctly and they felt intimidated into paying up because they thought he would seize their goods, they might be able to get the money back. Although obviously your brother would still have to pay.

If they threatened them with the police, you should definitely make a complaint, even if they don't want to claim back the money.

You don’t have to let bailiffs in ever. Their powers are limited. They can’t take anything unless you let them in.

It was for a speeding ticket, it does sound like they were intimidated into paying, I love my brother but he's a fucking nightmare sometimes.

The thing is Moomin, they don't know I know, so it's hard to ask, I don't want to stress my Dad out even more by asking.

I had bailiffs come to my house for my son's debts. He had never lived at the house I was living at then but had given my address as his for some credit as he couldn't get credit on his current address.

I didn't let them in. I also told them I didn't know his current address which was true. I did have access to his address as I had it written down somewhere but I didn't know it.
This was bailiffs over an unpaid phone bill not a criminal offense

GeorgieTheGorgeousGoat - Whilst what you say is technically correct, if in this case the parents had attempted to physically prevent the bailiffs from taking items then they would have been deemed to be 'breaching the piece' and the police would have intervened and possibly arrested them.

It will all be on body camera so the company they work for will have the evidence if your parents do decide to complain.

If they were let in or the door was open and they walked in then that is classed as a peaceful entry. Once peaceful entry has been gained initially and property had been siezed then the bailiffs are entitled to enter the property legally thereafter.

The onus is on the person there to prove that the debtor doesn't live there. Not the bailiff to prove that they do if you see what I mean.

The police can be called but it is a civil matter and wouldn't intervene with the removal of goods unless there was a threat of violence etc.