Scully40 v Bailiffs

[Scully40]

Hi,

My cousin has been on the phone today to say that the bailiffs have been round to his house. He lives there with his brother and his girlfriend. His brother is the one who is the debtor, but they all live there. He's told his brother about the Bailiffs, but he's doing nothing about it. Obviously my cousin is worried about what happens next as he has bought everything in that house. How would it work if they own 1/3 of the house (3 siblings, but house is still in dead mothers name). Everything apart from what is in my cousin's bedroom (his debt) belongs to the brother who is worried. He doesn't know where he stands as his brother is not taking any responsibility for any of the debts and he doesnt know where to go from here. Anyone any advice, he doesnt even know who the Bailiff works for or what type of debt it's for? Thanks

[bluebottle]

Re: Bailiff discussion thread

He needs to get a Statutory Declaration done asap for the goods he owns. That should stop the bailiff getting his grubby mitts on them unless they are brain-dead and will take anything (tea leaf). The deeds of the house need to be changed and Land Registry records amended. The bailiff is under an obligation to disclose what the debt is for and on whose behalf he is acting. Under no circumstances let him into the house.

[Scully40]

Re: Bailiff discussion thread

Thanks very much for the help. I'll let him know, he's going nuts as this is the last thing he needs. They didn't even identify themselves as bailiffs when they knocked on the door, it was his girlfriend who answered, but she didn't let them in. Are they able to force their way into the property? Ill let him know he knows to go and make one at the sols. As for the land registry a will was made before their mom died, but the 3 exeutors never enfored the will and didn't hange the details over to the hildren (as one of the children, and her boyfriend were the executors along with my auntie's ex husband. Probate was never sought, never dealt with, and nothing was done with my Auntie's money, house, life insurance. My cousin has never even seen the will and has asked repeatedly for it, but they wont give it him. So will see if anyone on the probate side an help with that. Our family is horrendous, and in such a mess. Thanks for the help.

[bluebottle]

Re: Scully40 v Bailiffs

Bailiffs are legally required to identify themselves as such under a number of statutes and statutory instruments, the main one being the Distress for Rent Rules 1988. Bailiffs cannot force their way into a property without a court order under seal of the court or, in the case of unpaid court fines, without written authorisation from the court.

If these "bailiffs" return, ask to see their bailiff certificates, who the creditor is and what authority they have. Ask to see that. Refuse them entry unless they can produce an order or written authorisation from a court. Did these "bailiffs" say which bailiff company they are from.

As far as the probate matters are concerned, this will almost certainly need advice from a legal professional specialising in probate matters.

[Scully40]

Re: Scully40 v Bailiffs

No, they didnt say anything, just that they were bailiffs there to seize property. They never showed any warrants or papers, luckily they didn't get in the house this time, but my younger cousin whose debt it is (M), is in complete denial about the whole thing and made his sister in law L) pass a letter to them, no idea what was in the letter. My other cousin (C) who also lives in the house with his girlfriend (who answered the door) didn't know what to do. We're not sure if/when they're coming back, or who they are, who they work for as they didn't identify which company they are with. We also don't know what was in the letter. I've tried to get my cousin (M) who's in debt to talk to someone about it and get help, but he just ignores it. Thing is, it's impacting on everyone in the house now, and most of the stuff that's in the house belongs to the oldest sibling, who knows nothing about what his younger brother has got himself in to. I do know that he got several loans out from various places, I think a few are from pay day loan places. but not sure what amounts are owed. Does the fact that bailiffs are knocking at the door mean my younger cousin should have at some time attend court to sort this mess out? I'm not sure how to procceed on my cousins behalf as at the moment he's stressing out, but with no one talking, it's hard to find out just what is going on.

[ploddertom]

Re: Scully40 v Bailiffs

Has he at some time had a Magistrates Court Fine he has not paid? This could even be for a Fixed Penalty Offence for littering, being drunk, etc which he has not paid.