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Author Bailiffs- HELP
stubbsy05
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Registered: 23rd Oct 02
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5th Sep 07 at 18:17   View User's Profile U2U Member Reply With Quote

My brother and gf live in manchester and have not been paying council tax.

My parents have had the bailiffs round as they put my parents address down somewhere along the line. The bailiffs have threatended to 'remove goods'.

HOW can the bailiffs legally take my parents stuff when my bro doesnt even live with them??
_Allan_
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Registered: 24th Mar 04
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5th Sep 07 at 18:21   View User's Profile U2U Member Reply With Quote

They can't, call the police. They aint allowed to touch anything other than what belongs to the person whose debt it is. Unless they take out a loan or have debt in someone elses name etc...


[Edited on 05-09-2007 by _Allan_]
VegasPhil
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Registered: 16th Jan 05
Location: Fareham, Hants Drives: Octavia VRS
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5th Sep 07 at 18:22   View Garage View User's Profile U2U Member Reply With Quote

Where's the warrant or advance notice?


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eskiboy
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Registered: 12th Nov 04
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5th Sep 07 at 18:29   View User's Profile U2U Member Reply With Quote

they cant force entery either can they? but heard they can climb thriugh windows and let them selves in!!!
Danny P
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Registered: 20th Nov 02
Location: Cleckheaton, West Yorkshire
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5th Sep 07 at 20:36   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by VegasPhil
Where's the warrant or advance notice?


Would imagine they would have had at least 3 letter and at least 1 visit before they said they would remove goods.
pdwhelan
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Registered: 25th Sep 06
Location: Wigan
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5th Sep 07 at 20:49   View User's Profile U2U Member Reply With Quote

errm they can take what they like unless you can provide receipts for EVERYTHING that your parents own.
Steve
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Registered: 30th Mar 02
Location: Worcestershire Drives: Defender
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5th Sep 07 at 21:01   View Garage View User's Profile U2U Member Reply With Quote

they arent allowed goods that dont belong to the offending client, they usually ask proof of this though

[Edited on 05-09-2007 by Steve]
M333KS D
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Registered: 15th Mar 04
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6th Sep 07 at 11:18   View User's Profile U2U Member Reply With Quote

yes they can take what they want if you bro put your parents down as gaurentors, unfortunatly, it puts your mum and dad in as much trouble as your bro, why wont he pay it? you cant exactly avoid it can you???
Steve
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Registered: 30th Mar 02
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6th Sep 07 at 11:21   View Garage View User's Profile U2U Member Reply With Quote

you cant just put someone down as guaranteur they have to agree and sign something too
johnhara1
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Registered: 19th Oct 06
Location: Newcastle upon Tyne
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6th Sep 07 at 11:23   View User's Profile U2U Member Reply With Quote

as steve says your parents must prove that the goods belongs to them and not your brother.

Bailiffs can legally force entry and remove goods, they normally call the plod in to stop you kicking off when they do this.
Mad Moe
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Registered: 14th Jun 01
Location: Northumberland
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6th Sep 07 at 11:32   View User's Profile U2U Member Reply With Quote

Bailiffs cant legally force entry unless they have a court issued warrent
Cosmo
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Registered: 29th Mar 01
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6th Sep 07 at 11:34   View User's Profile U2U Member Reply With Quote

they cant force entry unless they have already entered the property with the owner their, they normally do this to 'price up' the house contents, and then return at a later date IF the amount hasnt been paid already. Your best not opening the door to them at all, ever. As if they get a foot in the door then they can legally push it open and come in.

When they return they can force entry though and take the goods.

It really depends on what your bro has said though. If he has told them this is his main residence then it'll be hard to stop them taking stuff. If he has put your parents down as guaranteurs (without them knowing) then its a whole different kettle of fish.
K17STY
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Registered: 13th Dec 02
Location: West Lothian
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6th Sep 07 at 11:34   View User's Profile U2U Member Reply With Quote

I work for council tax in scotland.

Similar system but a bit different u2u me if you want advice.

They will have a warrant for the debt. They dont usually get the cases untill the warrant has been granted.

is he registered as living at your parents address?
K17STY
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Registered: 13th Dec 02
Location: West Lothian
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6th Sep 07 at 11:38   View User's Profile U2U Member Reply With Quote

thinking about this it must be more than council tax. Council tax is a personal charge at a property. Only the named are liable. So unless he has your mum and dads down as his regi residence then there must be other debts somewhere. They cant be held liable for his debt.

Cosmo they dont just have to speak to you first time they only need to give you a letter. Up here its even if they arent in as long as the letter has been hand delivered they are classed as having been notified. Not sure how that differs down there.

[Edited on 06-09-2007 by K17STY]
Mad Moe
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Registered: 14th Jun 01
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6th Sep 07 at 11:38   View User's Profile U2U Member Reply With Quote

quote:
Originally posted by Cosmo
they cant force entry unless they have already entered the property with the owner their, they normally do this to 'price up' the house contents, and then return at a later date IF the amount hasnt been paid already. Your best not opening the door to them at all, ever. As if they get a foot in the door then they can legally push it open and come in.

When they return they can force entry though and take the goods.

It really depends on what your bro has said though. If he has told them this is his main residence then it'll be hard to stop them taking stuff. If he has put your parents down as guaranteurs (without them knowing) then its a whole different kettle of fish.


At no point can they force entry without a warrent, even then you have to actually invite them into your home. This might not happen in a real world senario but that is the law
Cosmo
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Registered: 29th Mar 01
Location: Im the real one!
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6th Sep 07 at 11:40   View User's Profile U2U Member Reply With Quote

only going by what they say and do on 'Beat the Baliff'
K17STY
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Registered: 13th Dec 02
Location: West Lothian
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6th Sep 07 at 11:41   View User's Profile U2U Member Reply With Quote

that rocked. It think it would be a great job.

We arent allowed to do anything up here, its not PC.
Mad Moe
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Registered: 14th Jun 01
Location: Northumberland
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6th Sep 07 at 11:43   View User's Profile U2U Member Reply With Quote

Here's some advice on your rights regarding Bailiffs

 
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