Bailiffs, Bankruptcy & Posessions

[kirsty1]

Can anyone tell me, if a bailiff actually got into my home, or if i went bankrupt, how would they know what were my posessions and which were my boyfriends? i have hardly any assets - i have a comapny car, and my boyfriend bought the tv with a personal loan. he also has a lot of music equipment. is a bailiff allowed to take this? and also would this be considered to be mine in bankruptcy?

[Reviva UK]

Hi Kirsty1
There are a number of posts on the topic of bailiffs that may be of help. however a brief review re the above questions are:-

1. A Bailiff has no right of entry into your home unles you have let them in the first time. They could however take your car outside the house ( Not the company car)
2. If you let a bailiff in then you have more of a problem. At that point they have the right to take belongings to the value of the debt. I understand that if the value of the belongings would not meet the debt then they are not supposed to take them ( I haven't met this bailiff yet).

because of the shared belongings it might be that a bailiff takes or itemises belongings and it is then for you to prove that the items belong to somebody else.

More often than not they would want to take cash rather than goods and may itemise belongings ( Walk in possesion ) and give you 5 - 10 days to find money or come to an agreement.

Much better to come to some sort or repayment agreement ( even if it is £1 per month) than let it get to the bailiff stage.

If you go bankrupt then all debts prior to the bankruptcy hearing are cleared ( unless it is a magistrates fine or a "proper" student loan) .
If you are made bankrupt then a bailiff won't come and visit.

[kirsty1]

hi - thanks for the reply, i think i am probably worrying too much about a bailiff breaking in and me coming home to a bare house. One more question though, Would i have to prove the things that are my boyfriends are not mine in bankruptcy? Would they be construed as assets of mine?

[Reviva UK]

Even in Bankruptcy you will not get a home visit so all one needs to do is answer the questions honestly on the forms and confirm the value of your own posessions.

The value is not what you paid for them but rather what you would get for them if they sold a acution. You would be surprised how little they are probably worth at auction.

Obviously if you have just bought a 3,000 plasma screen TV on a credit card it will be obvious to both the creditors and the OR so no point in fibbing about things like that