Bailiffs Have Seized Goods That Are Owned Jointly

If your goods have been seized by bailiffs or a High Court Enforcement Officer because a person with whom you jointly own them is liable for an unpaid debt, then you are an aggrieved party and have an option for redress.

Goods owned jointly with a person who owes money can still be seized under the regulations because they are not classed as exempt goods.

If you own the goods wholly and they have been seized to pay somebody else's debt, then the official advice is to make an application under Regulation 48 of the Taking Control of Goods Regulations 2013 by completing a Form N244.

There is a fee to pay, but if you are on a low income you can apply for fee remission by completing a court Form EX160a and reviewing the accompanying guidance notes.

When completing Form N244, in part 3, enter:

I apply for

a) the return of my goods being [LIST OF SEIZED GOODS] to me at the following address: [ADDRESS GOODS WERE TAKEN]

b) costs.

If you have lost money as a result of deprivation of your goods, or your goods have been damaged while in the care of the bailiff, then it is best to claim through the small claims track using a Form N1.

Liability for the care of goods seized resides with the bailiff under Regulation 34 of the Taking Control of Goods Regulations 2013.

If you are a joint owner of goods, you can still make a claim for their return, although it is currently unclear how the court will treat such claims. However, you still have redress for the financial cost of replacing seized goods by bringing a claim against the creditor who instructed the bailiff or HCEO in the small claims court using a Form N1 (see procedure).

You are not liable for the debt, and therefore not liable for any financial loss if the goods are sold at an unusually low price at auction. In any event, you are not liable for any bailiff's fees related to handling the seized goods or managing the original debt.