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Bailiffs have seized goods at are owned jointly - redress for non liable joint owner

If your goods have been seized by bailiffs or a High Court Enforcement Officer because a person whom you own them jointly with is liable for an unpaid debt, then you are an aggrieved party 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 e official advice is to make an application under Regulation 48 of the Taking Control of Goods Regulations 2013 by competing a Form N244.

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

Completing the 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 case of the bailiff, then this is best claimed through the small claims track using a Form N1.

Liability for 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 then you can still make a claim for their return, but it is unknown how the court will decide whether a joint owner can make such a claim. You still have redress for the financial cost of replacement of seized goods by bringing a claim against the creditor that instructed the bailiff or HCEO in the small claims court using a Form N1.(see procedure) This is because you are not liable for the debt and therefore not liable for the financial loss of value if they are sold at an unusually low price at auction. In any event you are not liable for any bailiffs fees for the handling of the seized goods or the management of the original debt.