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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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A warrant came to my address stating they will use force entry

Resolved Question:

A warrant came to my address stating they will use force entry and remove goods to satisfy a bill. this bill does not belong to me or my husband. we own the premises and all goods. The debt was for my son who does not reside at this address. Debt was for a train fare which resulted to the amount of 500.00
Can they force entry and remove my goods to satisfy this?
Deborah Brehany
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.

2 agents arrived at address with a letter which stated county court, they had written on the top of the letter locksmith to be used if no entry. for the removal of goods. allowed them in as was in fear of this situation.


My son does not reside at his address.

Customer: replied 3 years ago.

Hi Jo


Have you received my response.

Expert:  Jo C. replied 3 years ago.
I presume that you have had no visits and you haven't let them in?
Customer: replied 3 years ago.

not aware of any other correspondence.


yes let them in and paid the debt as I was in fear.


this debt is not mine, my son does not reside at this address. I have instructed credit card company to retract this payment. can they force entry to my address and remove goods.

Expert:  Jo C. replied 3 years ago.
Thanks.

Obviously they can't do anything at the moment because you have paid.

If the credit card company do agree to do this then the debt will remain open. The company may refuse though I'm afraid. If they do you would have to recover from your son.

If the company do agree then the rights of the bailiffs are revived. These are court bailiffs so they do have powers to break in but they are very rarely used. Even if they were not though you have let them in so they can regain entry. Its pretty rare that bailiffs do that though because it causes more damage for which they are liable. Also, generally speaking bailiffs have an interest in vehicles which are usually kept outside of houses rather than consumer items kept inside with very little value.

Even if they do get in though, you are not the debtor and so cannot be liable. He can only remove your son's items so it really doesn't matter whether he gets in or not.

Bailiffs have been known to 'misinterpret' things at a location for property belonging to a debtor and seize things they should not but then you would be able to sue and recover the cost and addition compensation for distress.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo


thank you for your help, I will now re-send a further letter to this company.


have a lovely day


Regards


Deborah

Expert:  Jo C. replied 3 years ago.

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/