Without knowing the full details behind this question, the initial response would be no - the bailiff cannot seize the goods belonging to someone other than the debtor. In most types of debt, a bailiff can only seize (levy on) the debtor’s goods, though they can seize goods that are jointly owned. If the goods belong to someone else and they have been seized then it is for the real owner to apply to court to have them released. You can swear a Statutory Declaration regarding ownership of goods before a solicitor and present it to the bailiff to resolve the dispute.

As you will be aware from the press, lenders are taking a much more conservative approach to lending than before the credit crisis and you may be a victim of this tightening up. Having said that credit decisions are generally made using a combination of four things - the information in your application form, information obtained from a credit reference agency such as Experian, Equifax or Callcredit, the lender's scorecard and the lender's policy rules - e.g. you are not on the Voters Roll or have been at your current address for a very short period. It therefore may not be obvious from your credit report alone why you have been turned down.

Lenders are forbidden, by both the Office of Fair Trading and the Information Commissioner's Office, from telling potential borrowers that they have been turned down because of adverse information on their credit file when this is not the case. You say that Experian and Equifax have given you an excellent rating - the agencies do not rate individual applicants - the rating and the decision is individual to each lender and is that of the lender. Any score that the agencies may have included in your file is for guidance only.

I note that you have now applied for credit at least three times in a short period - this will have a significant negative impact on your rating which will take time to repair. I also note that you are applying for consolidation loans which indicate that you may already have a significant level of borrowing which you may be having difficulty servicing even if you a not in arrears or serious arrears - this too will affect your rating. Consolidation loans are generally much higher risk than other loans and hence the lending criteria are generally tighter.

Lenders are required by the OFT and the ICO and their own codes to give some indication of why they have turned you down provided this does not disclose commercially confidential information e.g scores for individual characteristics or policy rules - for obvious reasons disclosure of such information could lead to manipulation of future applications. There is therefore unlikely to be an"exact reason" why you have been turned down - rather a combination of factors means you do not meet those lenders' criteria. You should try not to apply again for credit in the near future - perhaps up to the year it will take for those searches to disappear from your file - to do so will merely exacerbate the problem you already have.
 
If you are struggling or know you are going to be struggling soon perhaps you should talk to your existing lenders or to one of the many advice agencies that are there to help.

With regard to future referral of debt solution cases then you should look at alternate providers and work with a financially strong company that does not compete with you and pays attractive commissions. We will send you a private email in this respect. With regard to any commissions due from Chase Saunders, it is our understanding that the holding company has changed ownership (to Berkeley Strategy Limited) and that the existing book is being traded on. You should contact whoever is operating the service to demand payment of outstanding commission. This is now a common occurrence with the demise of several other players, like TCF Debt Solutions. The Liquidator for Chase Saunders is Colin Thomas Burke of Milner Boardman & Partners Limited.

The first thing to say is that this is a query eventually for lawyers. There are too many questions that need to be asked and depending on the answers will determine the solution.

For instance, was the house held as 'tenancy in common' or 'joint tenancy'? (Your comment about 50% would only be possibly applicable if it was a 'tenancy in common'.  If the property was originally held as joint tenancy, then each partner would have jointly owned the whole property; if it was a tenancy in common, then the 5% to 95% could have been a perfectly acceptable tenancy in common arrangement).

What is this Declaration of Trust? Was it an informal Form set up and signed by both parties? Was it a Form that changed a joint tenancy into a tenancy in common? Were lawyers involved? Was the lender involved if there is a mortgage?Timing could be crucial in this case.

If this Declaration of Trust is fully legal, above board and fully recognised in law, then was it made at a time when the enquirer knew his business was collapsing? If this was the case, it could prove to be invalid.The creditor who is pursuing him would have to prove that (a similar example to this would be the person who takes out a large loan knowing that he/she cannot repay it and then goes bankrupt- Bankruptcy Restriction Orders et al!)

There are probably a number of other questions that a lawyer would want to ask as well but until there are answers to these questions, it would be impossible to properly answer his query. Even then I do feel that on this occasion it needs a lawyer to get involved - ideally a lawyer that they may both have consulted over the Declaration of Trust in the first place.  

It is possible that children could have an effect on a Court's decision if it ever went that far.

Generally bailiffs do not have the right to force their way into not a domestic property (your home) to seize goods, though there are specific exceptions to this. A bailiff must be legally authorised to collect the debt on behalf of a creditor, local authority, landlord or HMRC. The authority is normally known as a 'warrant', or 'warrant of execution' if the bailiff is recovering money owed under a county court judgment (CCJ). Bailiffs should always show identification and should only call between 6am and 9pm except Sundays and public holidays, though the court may stipulate otherwise.

Forced entry can occur on some occasions:

- Bailiffs from the HMRC are legally allowed to break into your home if they have a court warrant
- Bailiffs collecting unpaid court fees are also allowed to force their way in
- Bailiffs can force entry when enforcing Magistrates’ Distress Warrants for criminal penalties and civil penalties
- When enforcing High Court and County Court (i.e. a CCJ) at non-domestic properties (i.e. a building with no living accommodation, which include sheds, lock-ups and detached garages, separate offices)
- To re-enter properties that have previously peacefully entered, but were then expelled before completing seizure of goods (the Police may well get involved in these cases to maintain the peace)
- To remove goods previously seized. Best practice would suggest that the Bailiff shows a Walking Possession Agreement in these circumstances

Good practice regarding forced entry states:

- Entry has been requested and refused
- The Police have been notified. If the Police advise against this then this must be respected
- A loud verbal warning of forced entry has been given

If in doubt seek professional debt advice, especially with priority creditors like landlords and local authorities.