Help if possible please! Baliffs going for my lodger where do I stand ?

[sarahwilde33]

Hi everyone

Firstly, sorry if I do this wrong but am new!!

My lodger has received an auction notice from Equita Baliffs which states they will seize his vehicle and goods from property if vehicle doesn't cover debt.

I don't know exactly how much debt is for.

I called Equita today as lodger merely rents a furnished room and has very little other than his clothes and car. Person I spoke to just kept saying we will attend but we won't force entry over and over - I got the impression they would get in but it wouldn't be "forced". I explained the situation about it being my property and that even the furniture in his room is mine.

My concern is that they will gain/force entry into my property and consequently remove my goods to cover his debt? Especially if no-one was in when they come round (as far as I know they haven't been round yet but lodger wouldn't say if they had). Lodger did claim he spoke to the bailiff over week ago and the baliff was more than happy to wait 3 weeks for him to get paid to pay the debt, but their office told me today that there was no way they would wait and they would be attending imminently.

Please can someone let me know where I stand on this as I don't have receipts to prove ownership of most of my stuff (some of it has been given to me for starters so wouldn't have receipts for that stuff anyway) so if they just take it what happens then?

Also, if I give lodger notice to move out, where do I stand then? Will they believe me or what will I need to do to prove it?

Sorry to be so long, but any help would be appreciated as I am getting really worried now.

Thanks in advance
Sarah xx

[calamity jane]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Welcome to Legal Beagles. I'm sorry I'm not able to help you with your query but someone who can will be along tomorrow.





CJ

[sarahwilde33]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Thank you - hope so as getting really concerned after reading some posts on here - not exactly the nicest people to deal with are they !!

Lodger apparently spoke to their office today (he told me baliff was on holiday) and said they are fine about waiting for their money and denied speaking to me yesterday - the only problem is that the lodger does not always tell the truth about things when asked so consequently I am not sure if I believe him or if he's saying it just to get me off his case.

Also, he said he was being charged £350 (or just under) but has only had couple letters and no visits - would this be right or would he just be saying there were no visits?

Also forgot to ask in my post what happens with things like garden sheds and wendy houses as we have both of these and they contain not just the children's stuff but also husbands - just nothing of the lodgers but I read they can force entry into these?

Sorry about it being lots of questions but I'm just not used to this sort of thing !!

[enaid]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Hello sarah,
You are right Bailliffs are not always the nicest of people to deal with, but they can be dealt with and there are rules they must follow.
Don't know if you have read the info but I will leave it here for you to look at Legal Beagles
Please don't hesitate to ask anything you want, or are unsure about.
Enaid x

[sarahwilde33]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Thank you - I read that last night, but my concern is that as it relates to a parking offence, they can force entry (with us being at work during the day) and also they don't want to enter any discussions with me as I am not the debtor, my lodger says it's sorted when it clearly isn't and then there's the issue of him not having anything to take so will they take our stuff (arghhhh.......so sorry but so panicing !)

Do you think it would help if I fax and send one of the "Take Notice" letters about forced entry will be treated as theft (saw couple drafted up on other posts) or will they simply ignore it as it's not my debt?

Thanks again
Sarah xx

[Sapphire]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Hi Sarah,

Firstly in no way let anyone through your door, make sure all doors and windows are closed and locked tightly.

I am not really 'up' on bailiff issues to be honest, but we have a couple of people on site who deal with them, when they come online later one of us will direct them to you.

[sarahwilde33]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Thank you - that would be much appreciated
Sarah xx

[TUTTSI]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Hi everyone

Firstly, sorry if I do this wrong but am new!!

My lodger has received an auction notice from Equita Baliffs which states they will seize his vehicle and goods from property if vehicle doesn't cover debt.

I don't know exactly how much debt is for.

I called Equita today as lodger merely rents a furnished room and has very little other than his clothes and car. Person I spoke to just kept saying we will attend but we won't force entry over and over - I got the impression they would get in but it wouldn't be "forced". I explained the situation about it being my property and that even the furniture in his room is mine.

My concern is that they will gain/force entry into my property and consequently remove my goods to cover his debt? Especially if no-one was in when they come round (as far as I know they haven't been round yet but lodger wouldn't say if they had). Lodger did claim he spoke to the bailiff over week ago and the baliff was more than happy to wait 3 weeks for him to get paid to pay the debt, but their office told me today that there was no way they would wait and they would be attending imminently.

Please can someone let me know where I stand on this as I don't have receipts to prove ownership of most of my stuff (some of it has been given to me for starters so wouldn't have receipts for that stuff anyway) so if they just take it what happens then?

Also, if I give lodger notice to move out, where do I stand then? Will they believe me or what will I need to do to prove it?

Sorry to be so long, but any help would be appreciated as I am getting really worried now.

Thanks in advance
Sarah xx

Hi Sarah

Firstly, welcome to Legal Beagles.

I am not one of the experts but from what i have read so far the lodger has a car and presumably it is parked outside, this is what Equita Bailiffs could take for payment of the unpaid parking fine. (my son was the experts at having bailiffs turn up for payment - they would clamp his car on the drive and demand £600+ and until the money was paid then they would release the clamps)

The only way they could not take it, is if the car is used for business and this can be proved as they should not be allowed to take tools of trade.

If the car is parked in the street or even the drive they will not need access to your home, they will merely just take the vehicle by either clamping or towing away.

Tuttsi

[sarahwilde33]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Thank you Tuttsi, but as it is an old car (N reg), it isn't worth very much and by the time the fees for doing this are added on i would think it would be doubtful it would cover their costs (and according to their Notice of Auction letter if they thought it wasn't enough then they would come inside and remove possessions?) Do you know if they do this at the same time, or would they see what the car made at auction first. I have told them I don't give a damn if they take his car, but I don't want them coming into my property, but wasn't sure how to enforce that?

Also, I have told lodger that I want him to find somewhere else to live now (as this isn't first time people have come about his debts but was dca last time and they were very helpful when I spoke to them - outside in the street of course !!) but I gave them his mobile number and where he works and they said they wouldn't gain access to house as it was mine along with the stuff in it!
Equita are proving to be a completely different kettle of fish entirely which is why I am getting so worried. So I guess another question is will they still try to access house if he no longer lives there and what do I need to do to prove this?

So sorry if i am waffling or going on (severe lack of sleep through worrying).
Thank you so much for any input
Sarah xx

[TUTTSI]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Sarah

I am sure they would clamp the car in the first instance and if the money for the fine was not paid they would then tow the car away adding loads more charges to the outstanding fine and still come and get the rest of the money from him by coming to his home address.

They cannot touch anything in your home which is yours. But proving it is another matter.

When one of the team with a great deal more experience comes on site they may be able to give you further helpful information.

Sorry that I cannot help you further.

Tuttsi

[WendyB]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Hi Sarah

I can't really add any more than what's already been said, but perhaps you could fax/email Equita stating in strongest terms that Mr xxx is merely a lodger in your house, he does not own any of the furniture etc. That you absolutely do not give them the right to enter your property under any circumstances. and that you expressly forbid it etc.

Also ask them what their procedure is for dealing with cases like this, when the debtor is merely a lodger, rents a room etc.

There must be laid down procedures which they have to follow by law.

Do you have a tenancy agreement for the lodger? This could be your proof that the possesions, furniture etc are not his?

[michael]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

You can send Equita this letter:

Dear Sir/Madam


Re: [YOUR NAME]: Notice of Ownership

I write on the understanding you or your firm of bailiffs has seized, or is intending to seize chattels, vehicles, goods, or property belonging to me at the above-mentioned address in respect of an alleged debt belonging to Mr XXXXXX



I confirm that I am the lawful owner of the aforesaid and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property by way of a levy or a walking possession agreement.



This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility this letter is handed to the relevant person within your organisation.



Any attempt to subvert or rebuke this notice will result in an invalid levy and I will automatically file at court a Form 4 complaint with an application for costs against the certificated bailiff without contacting you further in this matter.

Yours Sincerely



YOUR NAME

Alternatively you can make a Statutory Declaration



Bailiffs cannot seize goods belonging to someone else, but they are allowed to assume that anything in a property belongs to a debtor, unless they are provided with proof such as receipts.



Failing this documentary proof. the third party can make a statutory declaration that certain named items belong to him and may not be seized.



This costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.



Then you scan it, email it, fax it, post a hard copy recorded delivery.

—

STATUTORY DECLARATION




To: (the bailiffs) (their address)





I (your name)



of (your address)


Do solemnly and sincerely declare that:



the items listed (list them)
are not the property of (your friends name) and have always been my sole property


And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.



Signature:




Declared at



On the day of two thousand and



Before me




A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

[Paule]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Would be helpful to have a copy of your lodgers tennacy agreement that shows it is furnished accomodation that he is renting??????

[WendyB]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Just a thought. As he has been using your address while his credit record nosedives into the ground, it might be worth checking your own credit file, in case he is associated with you at your address. You don't want your credit to be affected by his.

[sarahwilde33]

Re: Help if possible please! Baliffs going for my lodger where do I stand ?

Thank you so much for all replies so far (sorry not answered for little while but had to do some work !!)

Re: tenancy agreement - he doesn't have one as such - he signed a piece of paper some years ago confirming he was merely a lodger but that was about it - just tried to find it to give you exact wording but can't for the life of me - sure it will be in one of those "safe" places you put these things, but can never find !!!

Re: credit rating - he doesn't appear on mine (although he is on electrol role I think?) but he is not showing on them as being financially linked to me (and I have had two offers of credit cards in the past week ?!)

Hope this makes some sense to someone who knows about these things (I don't but sure am learning fast!)

Re Stat Dec, does anyone know if I can just walk into a Solicitors or does it need to be one who knows me or do they need to come and see if my listing of property is correct or anything (sorry again not done anything like this before) I don't actually have or know solicitors so do I just google/yellow pages one and is there a special thing I should look for ??

Sarah xx