# HELP: repossesion order goods, from a loan secured by estranged family member. ..



## thekp (16 Mar 2009)

Hey, 

Unusual situation, was wondering if any body knew any advice on this. 
Family home, in the mothers name for 7 or so years. Recieved a letter from I suppose, A Bailiff, saying they will call back to reclaim goods for an unpaid loan by my father. Im guessing he secured the loan on our house but he isnt the owner, has not lived here and does not pay anything towards the house for the past 6 years or so. What are our rights ? 

If they do take our belongings wouldnt it be illegal as they are not his ? 
Confused at the moment, dont really know what to do when they call back ..

Any info would be greatly appreciated .. 

Cheers, 
thekp.


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## mathepac (16 Mar 2009)

I guess you are UK-based. This is an Irish site and we don't have "bailiffs" as such here.


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## Sue Ellen (16 Mar 2009)

Get legal advice asap.


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## Padraigb (17 Mar 2009)

Any warrant held by a sheriff or bailiff can apply only to the property of the debtor. If there is no property of your father's in the house, then no goods can be seized.

If your father has an interest in the ownership of the house, then things might become more complicated later on (I interpret your first post to mean that the warrant applies to goods, and not to real property). But that's a problem for another day.


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## skingtile (17 Mar 2009)

i am really sorry to read this, things really got out of hand for this to happen, the situation i am afraid is guite serious, ring the people that the money is owed to, ring the sherrif/bailiff, explain the situation , the sherrif will delay as long as possible but he has a job to do, of course do as sue ellen says, but as soon as possible make those phonecalls,ps wish you the best


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## callaghanj (17 Mar 2009)

You will need to tell the bailiff that your father does not live there and none of the property on site is his. When the bailiff returns make sure you do not let him in to the house not even to the hallway as some are bullies and hard to get rid once through the door. More importantly if you let them in they can threaten to return and can force entry next time around even if you are not at home. The bottom line is however they cannot seize something which does not belong to your father. Make it clear to the bailiffs office in writing that they are none of the goods are his.


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## mercman (17 Mar 2009)

As your father is the Debtor, why not give the Bailiffs his address and they can seize his goods not yours.


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## thekp (17 Mar 2009)

Getting in touch with our solicitor tommorow, but yea that seems about right. We have an address for him. He must never have notified the banks about his change of address (probably on purpose). Plan of action seems to be get in touch with the sheriff, explain situation, get solicitor to contact them with regard to what the situation is and dont let them in. 

I really appreciate all your replies.
Cheers again, 
thekp


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## Joody1 (18 Mar 2009)

You should have a read of this first..... this is a consumers site for people in the UK and Scotland it is an eye opener.

[broken link removed]

Hope it is helpful to some.


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## ivor james (18 Mar 2009)

Joody1 said:


> You should have a read of this first..... this is a consumers site for people in the UK and Scotland it is an eye opener.
> 
> [broken link removed]
> 
> Hope it is helpful to some.


 

Not helpful atall as there are no bailiffs in ireland only county and revenue sheriffs,laws are also radically different in relation to the powers each have compared to the UK.


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## Joody1 (18 Mar 2009)

thekp said:


> Hey,
> 
> Unusual situation, was wondering if any body knew any advice on this.
> Family home, in the mothers name for 7 or so years. Recieved a letter from I suppose, A Bailiff, saying they will call back to reclaim goods for an unpaid loan by my father. Im guessing he secured the loan on our house but he isnt the owner, has not lived here and does not pay anything towards the house for the past 6 years or so. What are our rights ?
> ...




As you can see from the above the OP said mentioned Bailiffs...



mathepac said:


> I guess you are UK-based. This is an Irish site and we don't have "bailiffs" as such here.




Aslo this poster said that the OP was posting from the UK...


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## ivor james (18 Mar 2009)

Joody1 said:


> As you can see from the above the OP said mentioned Bailiffs...
> 
> 
> 
> ...


 

I see didnt realise this was a UK post,in which case,your post is very helpful


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## thekp (18 Mar 2009)

sorry guys but it was the county sheriff ( im living in cork ) 
just put down baliff as i was in a bit of a rush.


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## skingtile (24 Mar 2009)

hi just wondering how things are going


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## mathepac (24 Mar 2009)

thekp said:


> ... We have an address for him. He must never have notified the banks about his change of address (probably on purpose)...


So if he never informed the bank of his change of address, what did you do with correspondence from the bank, their solicitors, the courts and the sheriff  arriving at your mother's house addressed to him?

If you conveniently forwarded it to him at his new address over the years, then the bank, the courts and the sheriff  may be deemed to be correct in assuming you mother's house is his correct address.

Any chance you did a few "Return to sender, not known at this address" with the local post office, keeping photo-copies of the envelopes?


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