The rule
Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 says: “An enforcement agent may take control of goods only if they are goods of the debtor.”
Goods “of the debtor” means goods the debtor has an interest in. That includes things owned jointly. It does not include things that belong wholly to a partner, a parent, an adult child, a lodger, a landlord, an employer or a finance company.
Can be taken
- Goods the debtor owns outright, unless they are protected.
- Goods the debtor owns jointly with someone else.
- A vehicle the debtor owns, wherever it is parked.
Cannot be taken
- A partner’s or housemate’s own possessions.
- Items on hire purchase, lease or rental. Court guidance to creditors lists these, “including cars”, among goods agents cannot take.
- A landlord’s furniture or appliances.
- An employer’s laptop, tools or van.
- Goods belonging to a limited company, for a director’s personal debt.
Showing who owns what
GOV.UK says: “You’ll have to prove that someone else’s goods do not belong to you.” In practice that means documents, such as:
- a receipt, invoice or order confirmation in the owner’s name,
- a bank or card statement showing who paid,
- a hire purchase, lease or rental agreement,
- an inventory from a landlord, or
- for a vehicle, the finance agreement or the purchase paperwork.
These can be shown to the agent at a visit, or sent to the enforcement firm beforehand if a Notice of Enforcement has arrived at an address the debtor shares with other people.
Jointly owned goods
Joint ownership does not protect an item. It can be taken into control and sold. What the co-owner is entitled to is money: the agent has to “first pay the co-owner a share of the proceeds of those goods proportionate to his interest” before anything goes towards the debt.
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If the wrong person’s goods are taken
The Civil Procedure Rules set out a procedure with short deadlines. The person who owns the goods, not the debtor, makes the claim.
- Within 7 days of the goods being removed
Written notice to the enforcement agent
The notice has to give the owner’s full name and address, list the goods being claimed, and set out the grounds for the claim to each item.
- Within 3 days
The agent tells the creditor
The agent passes the claim to the creditor that instructed them.
- Within 7 days
The creditor answers
The creditor has to say in writing whether it admits or disputes the claim, in whole or in part. The agent then tells the owner within 3 days.
If the claim is admitted
The enforcement power stops applying to those goods, and the agent must make them available for collection as soon as reasonably practicable.
If the claim is disputed
The owner can apply to the court, with a witness statement and supporting documents. The Act requires a payment into court equal to the value of the goods, or a proportion of it that the court directs. Once the agent has notice of the application the goods cannot be sold unless the court says so.
The deadline is short
Seven days from removal is the outer limit for the first notice. The rule says “as soon as practicable”.
Living with someone who owes a debt
An agent can visit any address where they reasonably believe the debtor lives. Sharing that address does not make another person liable for the debt, and it does not put their belongings within reach. It does mean ownership may need to be shown. What the rules say when bailiffs have the wrong person or address
Common questions
Can bailiffs take my partner’s car?
Only if the person who owes the debt has an interest in it. A car owned solely by a partner is not the debtor’s goods. Evidence of who bought it, or the finance agreement, is what shows that.
Can bailiffs take goods that are on finance?
Goods on hire purchase or lease belong to the finance company until the agreement is paid off, and court guidance lists them among items that cannot be taken.
Can bailiffs take my children’s things?
Anything reasonably required for the care of a person under 18 is protected, and goods that belong to a child are not the debtor’s goods.
Does it cost anything to claim goods back?
The first step, a written notice to the enforcement agent, costs nothing. If the creditor disputes the claim and it goes to court, the person claiming has to pay the value of the goods, or a proportion set by the court, into court while it is decided.
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