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not my debt - michelle 2010-07-28 13:01:19

Hi there Please can you advise me where I stand. My son lives with me and has been sent a letter by bailiffs they will be calling here any day now. My son lives here but does not contribute. What can the bailiffs do re my property and can I refuse them entry

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Re:not my debt - simon wiggins 2010-07-28 20:39:19

Hi Michelle and thank you for your interest in our site.

However I think you misunderstand this sites purpose, which is to assist people in multiple debts they can’t pay and to advise them on various debt solutions available to them under UK law. We do not advise the general public on any other matters (as a local advise agency or solicitors firm would do) such as bailiff rights etc so your query is outside of this remit.

However I would point out that bailiffs can only take action to levy on goods owned by the debtor so anything belonging to you or anyone else in the house is in theory not at risk. The problem is proving who owns what & personally I know that I could not prove ownership of half of the stuff that’s in my home and so things often get listed and even removed by force owned by another person in many cases. The simplest way around this is to never allow the bailiffs entry to your home & make sure everyone who lives there knows this and remembers this Period. They have to gain what’s known as peaceable entry the first time around which means being invited in, or coming in through an open or unlocked door or window but cant push past someone opening the door to them although the best advice is to talk to them through a letter box or open upstairs window rather and ever opening the door as its then their word against the debtors which is not a good situation to be in at all. So as long as you remember these rules nothing can ever be at risk.

The bottom line Michele is to never let them in the first place so they cant ever get to the stage of being able to levy on goods yours or you sons.

For any further advice re the legality of any potential actions bailiffs may take against you, your son, or any property or assets you may wish (or help your son) to seek the assistance of a money adviser or debt case worker at your local CAB or similar in your local area who can not only advise you further on this issue but discuss with you both the options there are to deal with your sons current financial woes once and for all There are a number of debt solutions which would allow him to pay his debts back at a rate he can afford and even ones where no ongoing payments are required yet the debts get wiped out and he gets a debt free fresh financial start which would of course end the misery of bailiff action altogether as this would take the matter out of their hands and with no valid debt to collect then the issue would be closed In relation to bailiffs rights and actions specifically I suggest that you visit

www.bailiffadviceonline.co.uk

who are experts in this field.

In the mean time I have sent you some in depth leaflets and information about how to deal with bailiffs and what remedies you have against them if required as well as one outlining all of the available UK debt solutions which may be options for your son These are only covering the surface and explaining the general principles of course but would give you both an idea of what out there for him to use although of course its always best if possible to speak to an adviser face to face in your local area if at all possible I cant urge you strongly enough to take your son down to your nearest CAB or similar the next day and time they are open with ever bit of paperwork he has about his situation You will need to find out when they are open as many are not open all day or ever day and are so busy they can rarely answer phones calls so its a question of looking in the advice agencies window and noting down the next session that available and then be there at least half an hour in advance to make sure you both get seen There are so many very good solutions that mean that even though your son may have experienced financial difficulties thus far there is always a way out so the sooner you both make the effort to get down to see the agencies money adviser or debt case worker the sooner the nightmare will end Don’t worry about cost as all the services provided to him will be free.

I hope this covers your query and at least points you in the right direction but if you need any further advice by all means come back to me again.

Best wishes

Simon Wiggins
Site Moderator

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