If bailiffs visit your home, you may be worried that they could take belongings owned by your partner, family, landlord or someone else. Bailiffs cannot simply take everything at an address. There are rules about ownership, and goods that belong entirely to another person should not be taken for your debt.
Quick Answers
Can Bailiffs Take Things That Don’t Belong to Me?
No. Bailiffs can only take control of goods that belong to the person who owes the debt, although they may also be able to take jointly owned goods. The Tribunals, Courts and Enforcement Act 2007 states that an enforcement agent may only take control of goods belonging to the debtor.
Can Bailiffs Take My Partner’s Belongings?
Bailiffs should not take something that belongs entirely to your partner simply because you live together. However, you may need to provide evidence showing who owns the item if its ownership is questioned.
Can Bailiffs Take Things Belonging to My Family?
Items belonging solely to your children, parents, housemates or other family members should not be taken for your debt. Receipts, bank statements or other documents showing who bought the item can help prove ownership.
What Can Bailiffs Take from My Home?
Bailiffs may be able to take control of non-essential goods that you own if they have lawful authority to enforce the debt.
Examples could include valuable electrical equipment, jewellery or an eligible vehicle.
There are also categories of goods that are protected regardless of ownership issues, including certain essential household items and qualifying equipment needed personally for work or study.
Our guide to what bailiffs can take explains these exemptions in more detail.
GOV.UK also confirms that bailiffs cannot take someone else’s belongings and that you may need to prove that the goods do not belong to you. You can read the official guidance on bailiff powers.
Can Bailiffs Take Jointly Owned Goods?
Jointly owned goods are different from belongings owned entirely by another person.
If you own an item jointly with somebody else, a bailiff may be able to take control of it because you have an ownership interest in the goods.
This might apply to an item purchased jointly by you and your partner.
If jointly owned goods are eventually sold, the co-owner has rights over their share. The enforcement process must take their interest into account rather than treating the entire value of the item as belonging to you.
If ownership is disputed, gather evidence showing how the item was purchased and what share belongs to each person.
How Do I Prove Something Doesn’t Belong to Me?
If a bailiff identifies something that belongs to another person, tell them immediately and provide evidence where possible.
Useful evidence can include:
- Purchase receipts showing the owner’s name
- Bank or credit card statements showing who paid for the item
- Finance or rental agreements
- Online order confirmations
- Invoices or delivery documents
- Written evidence from the owner
The stronger the evidence, the easier it should be to establish that the item is third-party property.
Citizens Advice provides further guidance on proving that belongings are owned by someone else.
Can Bailiffs Take a Car That Doesn’t Belong to Me?
A vehicle that belongs entirely to somebody else should not be taken to pay your debt.
If a partner, relative, employer or another person owns the vehicle, make the enforcement company aware of this and provide evidence of ownership if necessary.
It is important to remember that being the registered keeper is not always the same as being the legal owner. Other documents such as a purchase invoice, bank statement or finance agreement may therefore be useful.
Read our guide to whether bailiffs can take your car for more information about vehicle enforcement.
What If an Item Is on Finance?
Whether bailiffs can take something that you are paying for on finance depends on the type of agreement.
With hire purchase, PCP and conditional sale agreements, the finance provider normally remains the legal owner until the agreement has been completed. Bailiffs therefore usually cannot take those goods while they remain owned by the finance company.
This is different from buying an item using a personal loan or some forms of credit, where you may own the item immediately.
If you are unsure, check your agreement and provide a copy to the enforcement company.
Our guide to whether bailiffs can take things on finance explains the differences.
What If Bailiffs Take Something That Belongs to Someone Else?
If bailiffs take control of something that belongs entirely to another person, act quickly.
The owner should contact the enforcement company and provide evidence showing that the item belongs to them. They should clearly explain that they are making a third-party ownership claim.
If the enforcement company refuses to release the goods, the owner may need to raise the matter with the creditor or take further legal action to establish ownership.
You can also make a complaint if you believe a bailiff has taken goods they were not entitled to take. GOV.UK specifically lists taking someone else’s goods as a reason you may complain about a bailiff.
Key Takeaways
- The official way to check if you have a CCJ is through the Register of Judgments, Orders and Fines.
- TrustOnline currently charges £6 for a single England and Wales CCJ register search.
- Search using previous addresses as well as your current address if you have moved.
- A CCJ normally remains on the public register and your credit record for six years.
- Paying a CCJ in full within one month can allow it to be removed from the register.
- If you discover a CCJ you did not know about, you may be able to apply for it to be set aside depending on the circumstances.
- An unpaid CCJ can lead to further enforcement, but bailiffs are not automatically sent as soon as a judgment is issued.
