Please please help.

[badger123]

So today a bailiff came. I don't know if he was acting as a bailiff or just debt recovery. There is no CCJ in place on this debt.

He was from DCBL. He was wearing a vest with CCTV on it. He got out of his car and took pictures of the two cars on the drive which don't belong to the debtor.

I said the debtor was out and the cars belonged to me and he could contact DVLA to prove it. He just shrugged and laughed. He said he was a bailiff. He asked about the debtor. I said he was here temporarily having been made homeless. He asked if he still had a base in X and I said no that was in receivership. He said he needed to contact him extremely urgently and he would be back.

To me it feels like he is acting like a Bailiff without having the court paper work to back him up. Is that allowed?

I need to know what to do when he calls again. He needs to send it back to the creditor who needs to go to court surely but he doesn't seem like the kind of man who wants to listen to that.

How though do I get the Bailiff off my doorstep? Its very scary and intimidating and the kids were petrified. He looked like a policeman in a flack jacket!

[ploddertom]

The chances are that whoever it is does have a CCJ against them and now that DCBL are involved it has been elevated to the High Court for enforcement purposes. If you are nothing to do with the alleged debt then he has no business discussing anything about it with you. Unfortunately you have asked for a return visit having told him the debtor lives with you. Because he has noted the cars you are going to have to dig out all paperwork that proves you own them - and not just the V5. A Bailiff or Enforcement Agent may only take control of goods that belong to the debtor, if he believes goods may belong and you argue otherwise you may have to issue an Interpleader Claim which could result in trying to prove to a Court they are yours. Best bet is for the debtor to make contact with them.

[little_green]

Because he has noted the cars you are going to have to dig out all paperwork that proves you own them - and not just the V5. A Bailiff or Enforcement Agent may only take control of goods that belong to the debtor, if he believes goods may belong and you argue otherwise you may have to issue an Interpleader Claim which could result in trying to prove to a Court they are yours.

what other proof would constitute?
also why does the the other party have to PROVE the debtor doesn't own the item to stop it being seized & but the bailiff/enforcement officer only has to THINK the debtor MAY own something to be able to seize it.

[ploddertom]

Depends on when they were bought. If recent then a copy of the advert, providing proof of how it was paid and if by cash then the flow of the transaction. How & when insurance and road fund licence was paid - don't forget nowadays it has to be shown to at the time of purchase. If bought a while ago then proof is a lot easier as the transfer of ownership may then help.

A Bailiff is allowed to assume goods belong to a debtor but should make relevant enquiries to back his claim up. For vehicles then a DVLA check as a minimum should be undertaken.

[little_green]

Depends on when they were bought. If recent then a copy of the advert, providing proof of how it was paid and if by cash then the flow of the transaction. How & when insurance and road fund licence was paid - don't forget nowadays it has to be shown to at the time of purchase. If bought a while ago then proof is a lot easier as the transfer of ownership may then help.

A Bailiff is allowed to assume goods belong to a debtor but should make relevant enquiries to back his claim up. For vehicles then a DVLA check as a minimum should be undertaken.

I don't understand why it is acceptable for a bailif to just ASSUME that goods belong to a debtor.
Much of my furniture was purchased second hand from the likes of gumtree therefore I have no receipt. I paid using my own cash. But a bailif could take these items due to another person in the home having debt, is that correct? Despite the items NOT belonging to the debtor. That seems highly unfair.

[ploddertom]

You will find that the majority of household items are exempt from seizure + they would realise so little at auction then it is not worth the trouble of removal. At best anything removed would only attract approx 20% of its value. As to why they are allowed to assume ownership then blame the government.

[little_green]

You will find that the majority of household items are exempt from seizure + they would realise so little at auction then it is not worth the trouble of removal. At best anything removed would only attract approx 20% of its value. As to why they are allowed to assume ownership then blame the government.

so what would they seize? Can they seize a vehicle I have access to on occasion but don't own? what about the property?

[ploddertom]

If it is a residential property then they have no automatic right of entry. You should keep your external doors locked at all times - they do have the right to enter through an unlocked door - even when putting the bins out. If you have no goods of value outside then they have little to seize and apart from asking nicely that you pay a polite refusal should send them on their way. They will normally call 3 or 4 times at different times of day - working hours are normally 6am - 9pm, 7 days per week.

If the debtor does not live at the address then that is their problem, you are not obliged to give them a an up to date address. Don't forget they may only seize goods that are the property of the debtor.