Can Bailiffs Take My Belongings for Someone Else’s Debt?

Are you worried because bailiffs are at your door for someone else’s debt? We understand your fears. Many people are also scared that their things may be taken away. But we’re here to help you out. Each month, over 170,000 people visit our website for information on such debt issues.

In this article, we will guide you on:

•  Understanding if the debt is yours or not.
•  How to prove to the bailiffs that it’s not your debt.
•  What to do if the debt belongs to someone else.
•  What bailiffs can take if you live with your parents.
•  How to complain about a bailiff.

Our team members have been in similar situations, so we understand how stressful it can be. We’re here to help you find the best way out of this tricky situation. Let’s take a look at how you can deal with bailiffs at your door for someone else’s debt.

Can Bailiffs Take My Belongings for Someone Else’s Debt?

No. A Bailiff cannot take your belongings for someone else’s debt on purpose or by accident. This is because a Bailiff cannot force entry without previously obtaining a liability order to allow entry AND a warrant of control to take control of non-excluded goods.

Both of these orders are granted by the court and such orders would not take place without proof that the debt is certainly yours.

For a landlord who’s Tennant HAS received these court orders, if the furniture in the property belongs to you then a bailiff also cannot take your belongings.

Therefore, using the case study below regarding Dukes Bailiffs, without obtaining and presenting both a liability order and a warrant of control, the bailiff from Dukes should not be permitted entry and would not be allowed to take this tenant’s belongings nor the belongings of the landlord.

How Do I Prove to Bailiffs That It’s Not My Debt? 

If you’re sure that the debt does not belong to you, you must act quickly before a bailiff shows up at your doorstep. 

» TAKE ACTION NOW: Fill out the short debt form

What Should I Do if It’s Someone Else’s Debt Entirely? 

If it’s not your debt at all, you must be quick to take control of the situation. The best course of action is to call the bailiffs via phone as this is the quickest and most convenient way to get in touch. Their phone number should be provided on the notice of enforcement that you received.

Explain to them that you are not the person to whom it belongs to and also assure them that you will be sending them evidence to prove what you’re saying. Keep in mind that this is something you should also do if the debt belongs to someone you live with such as your roommate or your spouse. 

You can also ask them to put your case on hold while you are gathering evidence to send to them. A bailiff cannot refuse to put your case on hold as they are legally obligated to put it on hold if you ask them to.

You should send them evidence in the form of a letter. Their address should be provided in the notice of enforcement that was sent to you. Reiterate what you said to them on the phone by saying that the debt belongs to someone else. Provide them with evidence such as: 

• A copy of your council tax bill from the last three months 
• A copy of a benefits letter from the last three months
• A copy of your bank statement from the last three months 

You can also opt to send a copy of these to your creditors as well. This is because the creditors are the people that have asked the bailiffs to collect the debt. Sending a copy of the letter with evidence to your creditors can help get this misunderstanding resolved more quickly. 

It’s also a good idea to send your letters via a service that provides you with proof when the letter has been delivered. In that way, you will have proof that the bailiffs and creditors did indeed receive your letter. If they visit your home and try to take your belongings after you’ve proven the debt isn’t yours, you can dispute it and get them back. 

What can Bailiffs Take if I Live with Parents? 

Bailiffs cannot take someone else’s belongings for your unsecured debt. Thus, if bailiffs take your parents’ belongings, your parents can lodge a complaint against them and get their goods back. 

How Do I Complain About a Bailiff?

If you think that your bailiff has been unreasonable or behaved inappropriately, you can make a complaint. You can also make a complaint if you feel that they have broken any of the Financial Conduct Authority’s (FCA) guidelines.

Make your first complaint to the bailiff’s company so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the Financial Ombudsman Service (FOS). They will investigate and, if your complaint is upheld, the bailiff agency may be fined. You could even be owed compensation.

If the bailiff’s company is not registered with the FCA, you can make a secondary complaint to the Civil Enforcement Authority (CIVEA) instead.

References

Schedule 12, Tribunals, Courts and Enforcements Act, 2007

Part 1, Regulation 10, Certification of enforcement agents, 2014.

Gov.uk, CPR – Rules and Directions, 2018.