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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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My partner has her adult son living with her and he is unemployed

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My partner has her adult son living with her and he is unemployed and has had a warrant of control sent to him. We presume he must have an unpaid court fine but he is not very helpful and won't discuss it. He owns nothing in the house apart from his clothes and some small personal items. The enforcement agents are saying they can force entry as it is an unpaid fine, and take my partners goods. She has no receipts to prove ownership. Can she use an affidavit to say that all goods are hers and that her son doesn't own anything in the house. If so how would she go about it?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
You don't use affidavits in these circumstances and bailiffs would disregard them anyway.
If you mean a warrant of execution then that could well be either a parking fine or a court fine and that will in the end lead to the attendance of bailiffs at the property.
Bailiffs cannot seize anything that doesn't belong to the debtor. In principle, they can ultimately force entry but they tend not to do that because the risks are too great for them and also usually it doesn't really recover very much of value as personal effects are not usually expensive.
The difficulty you are describing basically comes down to how you satisfy a bailiff when he is standing in your property that you own the items in question. The truth is there is no simple answer to that. The first thing to do is not to invite them in. Court bailiffs can break in but that won't do that. If they have been invited in already then all you can really do is tell them that you own these items and if they seize them take action against them which would likely succeed because the bailiffs will be unable to prove that they were owned by the debtor.
This won't happen anyway because they will be interested in his vehicle rather than low value electrical items that would no longer fetch their recommended retail price. Generally bailiffs attend if a person has a car that is registered in their name and they pursue that.
She can always write to them to say that she owns everything. It's not all that likely that they would accept that he doesn't own any thing on the property at all but it's probably not going to be something that would interest them as it's not high-value.
Can I clarify anything for you?
Jo
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