How can bailiffs be sure what I own?

[brokenbybanks]

Hey guys - Just a quick question that I've been pondreing for a while...

 

I have nearly 10,000 pound worth of debt with several banks - a loan and a couple of credit cards. Now, I own nothing - no house (i rent), no car (i drive my mums old car) - I don't buy stuff with cards or cheques ('cos I don't have them) and I live in a house with my brother.

 

I mean - what have I really got to lose?

 

We have a TV and the like, but who's to say whether it's mine or my brother's? There's no paperwork showing who bought it. As far as I see it - if I've got nothing, no matter what percentage they take, it's still nothing!!!

 

So if the worst came to the worst and the bailiffs came a knocking, what could they take?

 

Even an attachment to my earnings would be negligable as I only work part-time.

 

Any thoughts?

[The Watcher]

Bankruptcy could clearly be an option.

[brokenbybanks]

Ha!!! Looked into that one and it cost £600 or something!!! If I had £600 I wouldn't be bankrupt would I? Better off holding out for my creditors to apply for me

[tonycee]

Your creditors are unlikely to bankrupt you for such an amount.

 

Especially as you have no assets.

 

The onus will be on you to prove this to the bailiffs.

 

May i suggest that your woes may increase unless you deal with them.

 

Your user name suggests you may have paid lots ££££££ in charges.

 

That may be a good pace to start.

[brokenbybanks]

My woes may well increase Tony, but quite frankly I've given up caring, and that's kind of freed me. I know it's going to sound incredibly glib of me, but most of the strain of this debt comes from the worry - If you don't care, you don't worry - I sleep at night now instead of lying awake trying to come up with a solution.

 

The banks took a risk - As all investors do when they lent me money - It was a bad risk, and they didn't care. Now they've passed it on to DCAs and their filthy little game continues. Charges keep being added to any account I have week after week, and that's all part of their plan. I don't have a permanent address - I'm crashing at my brothers because I couldn't afford to pay rent on my last place. I only have my guitars - which as I understand it are off-limits to the bailiffs as that is my trade. How do I prove I have nothing? You cannot prove a negative!!!

 

I went through the whole process of getting back my bank charges, and helped by this site and the very wise and kind people on it, I'd had a court date set just a few days before the OFT case was launched. I had to borrow money off my Dad to pay for the court stuff, and now I'm high n dry - waiting for the case to be resolved and totally broke in the meantime. Maybe I should plead hardship? But again, how do you go about proving a negative?

 

I realise these posts will have many of you weeping with frustration. I know I'm going against all you're good advice, but I honestly no longer care. I hate the banks, and I hate the system. Their greed has done me damage, but it has also done the whole country damage, and pushed us towards a recession. They play this game as if there was only one outcome - that they win. They rely on bail-outs from the taxpayer and make huge profits off the back of people's genuine misery. I'm not playing this game anymore. I own nothing. I sleep well. I play my guitar and I'm happier than I ever have been in the past few years. That - to me - is a result.

[tonycee]

If you are happy, i am happy for you.

 

My reply was in no way meant to pass judgement on you.

 

Having endured years of misery, i too now sleep well at nights.

 

Good luck.

[The Watcher]

My woes may well increase Tony, but quite frankly I've given up caring, and that's kind of freed me. I know it's going to sound incredibly glib of me, but most of the strain of this debt comes from the worry - If you don't care, you don't worry - I sleep at night now instead of lying awake trying to come up with a solution.

 

This is going to happen to an awful lot of people as well as you - the lenders will get their fingers well and truly burnt.

 

I hope that the situation accelerates, as then the Government / Courts may actually put a halt on repossessions / bankruptcies etc if they cannot cope with the demand.

[brokenbybanks]

No offence taken - as I said, I'm a happy guy now

 

so can anyone answer my hypothetical question?

 

I live in a rented house with my brother. There is a TV in the lounge. Bailiffs come round and somehow get in. They see said TV. I say it's not mine...It's my brothers, he bought it off ebay about 6 years ago. TV license is in his name. Same goes for the PC in the hypothetical study.

 

How can they prove it's mine (when it isn't)?

How can I prove it's not mine?

Who needs to prove what, and with what would they prove it?

 

If anyone has any solid ideas on this I'd be very grateful - I want to know if I'm putting my brother's possesions in jeapordy? I can take the hassle of people coming after me, but I don't want to inflict any problems on him.

 

Again - no worries about being judgemental - I didn't take it that way anyhow, and I know I'm being slightly off-message with this. Besides, this forum really helped me claim back my bank charges - pity the OFT and friends waded in and spoilt everything. What a stitch up that's going to be!!!

[sillygirl1]

I think you need to go to a solicitors and get a statement sworn by you and your brother that only your clothes are your personal posessions, and that your guitars are the tools of your trade... keep the letter by the front door and that way if anyone comes calling hand them the letter. I think it costs £25 for a 'swear' from a local solicitors

 

Bailiffs like to do the 'you MUST have receipts' line but that doesn't work very well now as many goods go on our local freecycle without receipts.... they know 'one side' of the law, not both sides, and do like to intimidate.

[tomterm8]

it certainly does not cost £25, the prescribed cost for an oath is £5, with £2 for each exhibit attached to the oath, under The Commissioners for Oaths (Fees) Order 1993 (No. 2297) - Statute Law Database .

[sillygirl1]

Thanks for the correction tomterm8, I'll pass this to my nephew who is moving into a new flat and the new landlord says its £25 to swear he doesn't have any connection with any previous tenants from the date of moving in... methinks nephew is being ripped off (unless it's a different swear)

[tomterm8]

the charge is for taking the oath, if the prepares the documents etc, he can charge what he wants for that service.

[casbah]

No offence taken - as I said, I'm a happy guy now

 

so can anyone answer my hypothetical question?

 

I live in a rented house with my brother. There is a TV in the lounge. Bailiffs come round and somehow get in. They see said TV. I say it's not mine...It's my brothers, he bought it off ebay about 6 years ago. TV license is in his name. Same goes for the PC in the hypothetical study.

 

How can they prove it's mine (when it isn't)?

How can I prove it's not mine?

Who needs to prove what, and with what would they prove it?

 

If anyone has any solid ideas on this I'd be very grateful - I want to know if I'm putting my brother's possesions in jeapordy? I can take the hassle of people coming after me, but I don't want to inflict any problems on him.

 

Again - no worries about being judgemental - I didn't take it that way anyhow, and I know I'm being slightly off-message with this. Besides, this forum really helped me claim back my bank charges - pity the OFT and friends waded in and spoilt everything. What a stitch up that's going to be!!!

If he bought said tv on e bay then he must have e bay account, where he would have had a receipt or at least confiemation that he won the item. Ask him to check his e bay account and paypal!

cas

[Michael Browne]

See here for an example Ownership of Goods letter:

Bailiffs: Ownership of Goods - Consumer Wiki

 

 

and here for a template Stautory declaration:

Bailiffs: Useful Template Letters - Consumer Wiki

[Kulu]

Escuse me for butting in, but I have a similar question. Friend is being persued by capquest.alledged debt was incurred before i met her.She now lives as a guest in my house.Do they have any legal right to bother me/my property?

i would have started my own thread but just joined.

Any advice would be welcome, and thanks to all of you who spend so much effort in helping others.