My house mate owes thousands and now people are knocking on the door!

Azagoth said:
They can't just burst into a house in somebody else's name and start removing goods. The householder has got nothing to do with the debts and therefore is under no legal obligation to provide proof of anything.
Click to expand...

Well I'm not going to argue with you, the OP can check it out himself.

Your right they can't force entry though, however they can and will use all sorts of tricks to get you to let them in.
 
The simplest solution to this would be to move the guy's most expensive and treasured articles into another room. That way, if they do gain legal entry you can just point to his room and say "There you go fellas, that's the room he rents from me. Knock yourselves out. I've washed my hands of him".
 
Last edited:
First of all, its lovely that you have stuck by him. I knew someone like this once and it was despairing to watch everyone jump of the fail boat that was him. No one knew why he had fallen apart (it later turned out that a couple people in his family had died in an accident) but no one really helped (I only knew him casually).

He racked up debts and basically fell apart. My dad stepped in, helped to consolidate and keep the fellow together.

The guy is getting on great now.



In regards your house mate, I would definitely get him to go to a debt management agency. It may be that bankrupty is the best way forward (not a light decision to make though).


Well done again for not just being an *********.
 
I suggest getting him to give the citizens advice a bell, they will help with the ccj/bailiff knocking on your door and help him out with setting up an affordable debt payment plan, they wont charge a fee either unlike "debt management" companies.

Chances are if he is really deep in the doo doo then bandruptcy/debt relief order may be his only viable option. Which unfortunately if his car is on HP and cannot be proved to be vital to his job or for mobility then he will loose it.
 
anticonscience said:
As said speak to a debt advice charity as soon as possible.

www.CCCS.co.uk is a good one.

Just make sure he parts with no money for debt advice.
Click to expand...

this tbh... and citizens advice

Might be worth him looking into an IVA with the creditors - tbh.. the people lending at 25% are pretty much expecting a high portion of their customers to default and would certainly be open to negotiation - he has a reasonably chance of keeping the car too provided the loan isn't secured on it.
 
If I was in this position I would:

Ring the police the next time the Baliffs called and have them removed from the premises, If they are not court appointed they can do naff all and are merely intimidating you and causing you to fear for the security of your property.

Then I would kick that feckless friend of yours into touch and drag him to the CAB if I had to to get himself sorted out, and If he refused or simply cant be bothered, I'd throw him out on his ear as he sounds like a pointless waste of time.

Harsh? I had this with my brother at the begining of the year, he lost his owner driver contract, so was out of work, Ignored every piece of advice I gave him at the time to sort himself out, and then came crying to me 4 months later when he had run of cash doing things "his way" and the bank had shut down his current account and he had no money to pay any of his bills.
I sorted him out and told him never again.
 
FWIW - you don't have to kick him out if he's been your mate for 15 years - Bailiffs might talk a bit but in reality there is nothing they can do - they can't come into your house unless you allow them to or leave your door unlocked.... am pretty sure they can be officially warned against harrasment if they go OTT in chasing the debt. Something else to speak to citizen's advice about perhaps...
 
JBuk said:
They can gain entry so long as it's not forced so keep your windows & doors locked :)
Click to expand...



Baliffs unless collecting on behalf of HMRC or they are appointed by the court cannot do ANYTHING.

That includes going in through open windows and unlocked doors.

http://www.direct.gov.uk/en/MoneyTa...f-officers/107376-what-bailiffs-can-cant.html

Especially as he isnt the person they are after.

Debt collectors can be told to do one, they have no powers or rights, and are just thugs come to intimidate you into paying.
 
atpbx said:
Baliffs unless collecting on behalf of HMRC or they are appointed by the court cannot do ANYTHING.

That includes going in through open windows and unlocked doors.

http://www.direct.gov.uk/en/MoneyTa...f-officers/107376-what-bailiffs-can-cant.html

Especially as he isnt the person they are after.

Debt collectors can be told to do one, they have no powers or rights, and are just thugs come to intimidate you into paying.
Click to expand...


your own link tells you what they can and cannot do, heres a quote from it

What bailiffs can and can't do
If County Court bailiffs come to your home, you don't have to let them in.

They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.
Click to expand...
 
"andy" said:
read his post again

yea and the bit you quoted is about county court bailiffs.....

he made it clear he was talking about non court appointed bailiffs
Click to expand...

all bailiffs have right to enter peacefully, which can be through an unlocked door or window

Can a bailiff force his/her way into my house?
Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare.

All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.
Click to expand...


Whatever type of bailiff they need to have legal authority for their actions otherwise they would just be a debt collector
 
Last edited:
if you really want to help your friend you have to give him a kick up the ass. he might not appreciate at first but in the long run he will be very thankful for such a friend. have you tried speaking to his girlfriend?
 
Azagoth said:
They can't just burst into a house in somebody else's name and start removing goods. The householder has got nothing to do with the debts and therefore is under no legal obligation to provide proof of anything.
Click to expand...

They can peacefully enter into a house to obtain goods, they will take whatever they can find that they think has value and it is up to the person who owns them to PROOVE that the items belong to them, one major mistake a friend of mine made was letting them into the house, they are not allowed entry into your home without your consent or unless accompanied by the police.
they have the legal consent to take, for a period of time, (to allow proof of purchase to be shown) then sell it to make the money back.

EDIT - i have just seen that its not HMRC related, but i will leave info here!
 
Last edited:
Stalker_26 said:
They can break into a house to obtain goods, and they will do it only when they have the police present, they will take whatever they can find that they think has value and it is up to the person who owns them to PROOVE that the items belong to them, one major mistake a friend of mine made was letting them into the house, they are not allowed entry into your home without your consent or unless accompanied by the police.
Anyone who tells you they cant take whatever they see is not really up to speed on these things, they have the legal consent to take it, hold it for a period of time, (to allow proof of purchase to be shown) then sell it to make the money back
Click to expand...

Not unless they are collecting taxes.

Can nobody read today?
 
You must log in or register to reply here.
Back
Top Bottom