can goods be seized if moving in with partner who is not responsible for the debts.

[cpugwash]

I have council tax debts which bailiffs have tried to collect. I have been unable to enter into a arrangement to repay the monies owed as I have been unemployed and money is being stopped from my benefits because of an over payment of housing benefit whilst I was working on low income. this was a mistake by the council in their calculations. I tried to speak to the council to explain my situation and they were extremely unsympathetic to say the least moreover, unhelpful. I was told by them that regardless of my inablity to pay, the matter would be refered to bailiffs which they have since done and this has more than doubled the debt owed.

The bailiffs have visted my property and left a contact number. I have spoken to them and have given them my phone number so that they could contact me and arrange to vist when I would be in as I wanted to resolve the matter and move on without increasing my debt. the bailiffs have now visited on three ocasions, each visit incuuring extra costs.

Due to a period of homelesness I have no posssesions of any value and have let the bailiffs in, in order to show them this. I have read other threads and now realise this was a mistake.

I have been in a relationship for some time and wish to move in with my partner. my partner owns her own home and has goods of considerable value.

can the baliffs seize my partners goods if I move in? Will her credit rating be affected should I move in as a result of my debt?

I am still unemployed and my benefits will stop if i move in. I'm in a position to finish off paying the original debt as I have been slowly chipping away at this for some time making payments direct to the council but could someone please advise whether the bailiffs will still be entitled to collect their monies should I move in to my partners address.



Thanks so much and great site!!!

[WendyB]

Re: can goods be seized if moving in with partner who is not responsible for the debt

It doesn't really matter where you move to, you will still be liable for any LEGITIMATE fees that have accrued on your account with the bailiffs. That said, you need to send a SAR to them to find out exatly what charges have been added on, then you can see whether they are correct.

When you let the bailiiff in, did they do a walking possession order? If, as you say, you had nothing of value then the debt should have been returned to the council Nulla Bona.

No, they cannot take partner's possessions for a debt which belongs to you,

[CleverClogs]

Re: can goods be seized if moving in with partner who is not responsible for the debt

It may be worth pointing out that at least one of the bailiff's fees may be unlawful, as he seems to have charged for three visits whereas the law only permits charging for two visits.

Hence, it seems not to be wholly improbable that the charges imposed by the bailiff could have exceeded those permitted by law - £24.50 for the fist visit and £18 for the second.

[ExBailiff31]

Re: can goods be seized if moving in with partner who is not responsible for the debt

CleverClogs is quite correct in stating the charges £24.50 for the first visit £18 for the second plus the levy fee which is based on a calculation of your entire debt minus costs (this could be a couple of hundred pounds depending on the size of monies outstanding) and the walking possession also note the levy fee and walking possession is only added when they fill in the paperwork, make a list of your goods, agree a payment plan and leave you a copy of all of this.
Further note that the Bailiff CANNOT charge for the visit he is on unless this has happened prior to him coming round example if he sees you on the first attempt he should not charge the £24.50 (£22.50 in Wales) first visit but he can charge you the levy fee and walking possession if it's the second visit he should not charge you the £18 (£16 in Wales) second visit fee but the first visit will stand plus the levy and walking possession, it's also important to note that if you have more than one account he can only charge the visit fees to the first account all subsequent accounts are only subject to the levy fee and walking possession.
to answer the question about if a Bailiff can remove your partners possessions or not the simple answer is most definatly NO, however it may complicate things in as much as the Bailiff will want to see proof of who owns what on paper, your partner can make a decleration to the court for this and take a paper copy as reciepts are not proof of ownership only proof of purchase!
You also state that you let the Bailiff in, was it in your old place or the place you share with your partner? if it was for your old place example 123 smith street and he completed a levy there then it would not be valid at 456 jones street in as much as he could not gain entry at the new place as he has never had peaceful access but remember the charges and any agreement is still valid, they may try to come to the new place and fill this paperwork out again and possibly try and charge you again, best advice is don't let them in but try to stick to your payments or just pay as much as you can afford and keep a record of all your payments how so ever made.