Can Bailiffs Take My Property for My Son’s Debt? 

It can be very concerning when a bailiff company says they might take your things. This is even scarier when it’s for your son’s debt, not yours.

But don’t worry, you’ve come to the right place. Each month, over 170,000 people visit our website looking for information about their debt problems.

This article is here to help you understand:

•  The laws for 2023 on whether bailiffs can take your property for your son’s debt.
•  What to do if a bailiff comes to your door because of your son’s debt.
•  What things bailiffs can’t take.

Citizens Advice estimates households have around £18.9 billion in unpaid bills like council tax and utilities¹. So you’re not alone – it’s quite common to feel concerned about debt.

With our experience, we’ll help you learn how to stop bailiffs from causing you worry and stress.

Dealing with a Notice of Enforcement from Bailiffs Regarding Your Son’s Debt

If bailiffs are considering paying a visit to your home regarding your son’s debt, you will most likely receive a notice of enforcement from them.

Once you receive the notice of enforcement, you typically have 7 days before a bailiff shows up at your door. 

You can use this time to contact them and inform them that the debt is your son’s and not yours.

If the bailiffs understand the fact that the debt does not belong to you, then you’re in the clear. However, if they are not swayed, you can ask them for evidence that the debt is owed by you.

You could also submit evidence that the debt isn’t yours and ask them to put your case on hold while you’re reviewing their evidence.  

Keep in mind that the FCA states that a bailiff must not misrepresent their authority or legal position and cannot suggest that an action may be taken where it legally can’t.²

What Should You Do if a Bailiff Shows Up at Your Doorstep Regarding Your Son’s Debt? 

Dealing with a bailiff visit for another person’s debt is stressful – even when the other person is your son!

Always keep in mind that if the debt is not legally yours, a bailiff has virtually no power. They cannot force entry into your home or use a locksmith to get your front door open.

Keep in mind that a bailiff is allowed to enter your home through an unlocked door, so you should keep all your doors locked. 

If a bailiff shows up at your door, you can deal with them through a closed door.

Firstly, ask them to prove they are who they say they are. Enforcement agents are required to carry a form of ID with them.

Ask them to show you this, it will give you their name as well as what kind of a bailiff they are. 

Once you know their name and what kind of bailiff they are, you can look them up to ensure they’re a real bailiff. 

• If they say they are a certificated enforcement agent, check the certificated bailiffs register.
• If they say they are a county court bailiff, contact the county court to ensure they’re telling the truth. 
• If they are a high court enforcement officer, check the directory.

I shared with The Mirror how important it is to know your rights when faced with bailiffs at your front door.

» TAKE ACTION NOW: Fill out the short debt form

Once you have proof that they are who they say they are, ask them to show proof of what they think you owe.

You can also ask to see a warrant known as a ‘writ’ from a court.

If the debt is owed by your son, these documents will have his name on them and not yours. Inform the bailiff of this fact. 

If the bailiff does not believe you, you can prove yourself to them by showing them any form of ID such as a driving licence. 

At this point, most bailiffs will realise that the debt isn’t yours and belongs to someone else. If your son does not live with you, they won’t have any reason to be there and they will leave.

If your son lives with you, they still have reason to be there but then these bailiffs can take only the things that belong to your son. 

What Should You Do if a Bailiff is Trying to Take Something That Belongs to You and Not Your Son? 

If a bailiff enters your home, they will try to take goods in order to make up for the debt they think you owe. 

Bailiffs take possessions when they enter your home but they don’t usually do this when they enter a home for the first time.

The first time, they will only take inventory of the goods you have.

If they attempt to put an item into the inventory that belongs to you and not your son, you should intervene and inform them that they don’t have the right to do that.

Proving ownership to bailiffs should be enough to alter their inventory.

Remember that bailiffs can take only the goods that belong to the debtor.

So, if they’re trying to take something that belongs to you even though your son’s the one who owes the debt, this completely goes against Financial Conduct Authority (FCA) guidelines. This is also true if they try to take the belongings of someone else such as your partner.

If a bailiff tries to do this, assure them that the possession belongs to you and not to your son. You could prove this by showing them a bill or a credit card receipt for the possession.

If they are trying to take a vehicle that belongs to you, you can contact the DVLA to prove that you’re the registered owner. 

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What Should You Do if Bailiffs Take Something That Belonged to You and Not Your Son? 

If bailiffs take something that was your property and not your son’s, you should complain to them by letter or email immediately.

They then have 10 days to respond to you.

It is a good idea to only communicate from this point through letter or email so that you can keep copies and have a detailed record of your dealings with the bailiffs.

Bailiffs are not allowed to take someone else’s goods if they don’t owe the debt.

When you complain to them, state that they have taken someone else’s property and not the property of the person who owes the debt. You can include proof of ownership by including a bill or a receipt of the purchase of the item. 

If the bailiffs take your belongings and then refuse to give them back even after you’ve provided proof, you could contact the original creditor.

This is the person or company for whom they are working for. 

If the creditor won’t deal with the matter, you can make a complaint to the Financial Ombudsman Service (FOS). This is because all companies that provide financial services must adhere to the Financial Conduct Authority’s (FCA) guidelines and rules of conduct.

Taking someone else’s property goes against their rules!

You may also be able to make a complaint to the Civil Enforcement Association (CIVEA) which most bailiffs are members of.

If bailiffs have already sold your belongings, your only option may be to take the firm to court in order to get your money back.

What are Some Things that Bailiffs Cannot Take? 

The first thing that you need to remember is that there are limits on bailiffs’ powers in the UK! 

Firstly, bailiffs are not allowed to take possessions that belong to someone else. This means that they are only allowed to take the belongings of the person to whom the debt belongs to. 

Thus, a bailiff cannot take any of your possessions for a debt that belongs to your child.

The vice versa is true as well: a bailiff can’t take anything belonging to your children if you’re the one who owes the debt. 

Bailiffs are also not allowed to take pets or guide dogs nor are they allowed to take goods that you need for your job or your studies.

They also can’t take possessions that you’ve bought with the use of a Hire Purchase (HP) agreement. 

Bailiffs also cannot take any appliances or equipment that you need to fulfill your basic domestic needs. Prohibited items for bailiffs include things like:

• tables
• chairs
• beds
• a cooker
• microwave
• fridge
• mobile phone.

Do Bailiffs Have a Right of Entry?

Bailiffs do not have a right of entry unless they are collecting:

• Unpaid fines that were given for criminal activity
• Magistrate court fines
• Income tax
• Stamp duty.

You may also find that bailiffs can force entry to collect council tax arrears, but this isn’t quite the full picture!

Bailiffs can only force entry for council tax arrears if they have already been inside your home before after you invited them in, if the doors were open, or if you allowed them in again. When in doubt, don’t invite them in!

Being aware of your rights can make the situation less stressful. Take this example:

Knowing that bailiffs can’t force entry for unsecured debts – like her son’s insurance premium – or take other people’s belongings would probably ease some of their stress about the situation!

Your Rights With Bailiffs

Here’s a table delving deeper into bailiffs’ rights.

FAQs

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. FCA Handbook – CONC 7

Schedule 12, Tribunals, Courts and Enforcements Act, 2007

Part 1, Regulation 10, Certification of enforcement agents, 2014.

Gov.uk, CPR – Rules and Directions, 2018.