Can Bailiffs remove good for an ex's debt.

[detbfreedebbie]

Hi

 

My ex and I parted company about 12 months ago quite amicably.

 

I still live in the mortgaged family home with our two kids, the house and mortgage are in my sole name and have never been in his name,  we were not married, but lived together for a 10 years. 

 

he has not been named on council tax for a year now, but occasionally mail does turn up here and I pass it on to him.

He has told me that he has acquired a CCJ and there may be more to follow due to various unsecured debts, taken out while he was living here but none secured against my property.

 

While we were together we purchased a lot of stuff together, TV, fridge, washing machine, dishwasher etc. along with things like Xbox and tablets etc.

Most of this he sourced and bought through his ebay,  amazon or other online account, often with me giving him the money back.

 

when he left, he said he only needed to take one TV and his laptop and a few other bits, leaving/gifting the rest, furniture etc. for family use, like I say it was amicable and I even helped him out with the deposit on his new place.

 

i have been doing a bit of online reading and I understand that bailiffs can attempt to gain access to my property if they think that goods belonging to my ex are here.

Is this correct.

 

Also does the fact that he gave the goods to me before the CCJ make any difference?

can he provide me with something in writing that says the goods belong to me, or could the deposit money i gave him be considered payment or settlement in some way? If so how can I demonstrate this.

 

Nothing has happened yet, but I just want to be prepared.

 

Thanks in advance 

 

Deb

[Homer67]

As long as the debts are in your ex's name solely and you are not named then no one can legally chase you for them.

 

As you know this is coming you need to be aware and make plans, in case a bailiff turns up at your door, first rule is don't open the door to them and only speak through a window, make sure all external doors are locked so he can't just walk in and refuse to leave.

 

Keep a copy of your council tax form to hand so it shows he does not live there and give it to the bailiff, then that 's it, no more need to speak with them, they cannot force entry and they have been shown evidence he no longer lives there.

 

If they refuse to leave film them (actually film them from the outset) and call the Police

[dx100uk]

1 hour ago, detbfreedebbie said:

i have been doing a bit of online reading and I understand that bailiffs can attempt to gain access to my property if they think that goods belonging to my ex are here.

Is this correct.

 

this is not correct.

 

for consumer debts regulated by the CCA1974  CCJ's, there is NO right of force entry.

[unclebulgaria67]

If your ex provides their latest address to any creditor chasing him for debts, you should not be bothered.

[brassnecked]

If a bailiff does turn up, do not let him in he might try to "persuade" aka bully you into paying the debt as he might try to claim he can force entry, can only do that for a Criminal Fine.

 

Tell him/her, that named debtor does not live there hasn't for last 12 months, he took his property with him, so nothing is his.  Offer to show a Council tax bill showing you as sole liable person.

 

Other option is to get a Statutory Declaration sworn at a Solicitors that all property in the house is yours and named debtor is not a resident, and get a couple of Notorised copies, and hand one to a bailiff if they call.  Other thing is if you have a car, they might go after that,  so showing V5 and insurance in your sole name helps with that one.

 

Above all don't worry, also film them with a mobile to capture any threats.

 

Unclebulgaria is correct that they shouldn't call if they have a current address, might be worth telling them where he is if they did call on you.

[ericsbrother]

you will have to start opening any mail that arrives so you can head problems off at the pass

[Bailiff Advice]

6 hours ago, ericsbrother said:

you will have to start opening any mail that arrives so you can head problems off at the pass

I think that you will find that opening post addresses to somebody else, is an offence. 

[dx100uk]

not if its got her correct address on it BA.. the name is immaterial if legally a person is the named renter or property owner you can.

 

dx

 

 

 

[unclebulgaria67]

The law regarding opening post addressed to others was mainly aimed at postal delivery staff.   But it also covers people opening mail addressed to others, if they went on to use the post for unlawful purposes.

 

So you can open post addressed to others received at your address and see whether any action needs to be taken. Such as contacting any company advising that the adddressee does not reside at the address.

[brassnecked]

An in that circumstance returning to sender.

[Bailiff Advice]

On 06/08/2020 at 11:21, detbfreedebbie said:

He has not been named on council tax for a year now, but occasionally mail does turn up here and I pass it on to him.

 

 

He has told me that he has acquired a CCJ and there may be more to follow due to various unsecured debts, taken out while he was living here but none secured against my property.

 

 

 

It would be a good idea to suggest to your ex partner that he carry out a credit search against himself in order to establish whether there are any further judgments recorded.

 

You also need to get assurance from him that he is dealing with the one CCJ that he is aware of. 

[brassnecked]

Good idea BA, otherwise might have several issues to deal with, and bailiffs don't care if they  get the wrong person to pay at the address they have for the named debtor, just hope that someone will if it were possible they would even try to get the cat to pay..

[Bailiff Advice]

Although not relevant in this particular case, we need to note that as a result of COVID, bailiff enforcement was ceased by the government under secondary legislation in April.

 

Enforcement will be able to resume from 24th August. 

Edited August 14, 2020 by Bailiff Advice

[brassnecked]

That is when the Bailiff Forum might go ballistic with enquiries so we must be ready.