Can a bailiff take my 19 year old games console and computer?


No

Bailiffs cannot take control of a games console if it does not belong to the debtor.[1]

If bailiffs take control of goods not belonging to the debtor, the owner makes a third-party claim,[2][3] and recover damages,[4][5] and costs.[6][7][8]

Bailiffs cannot take computers when they are used in somebody's employment or education and its value is under £1,350.[9]

The owner of the computer can make a claim to exempt goods,[10][11] and recover damages,[4][5] and costs.[6][7][8]

Bailiffs must consider reducing the risks to taking control of digital data as compromising bank details stored on a device can result in a further claim for damages.

Both devices may contain digital property, which cannot be sold and exposes bailiffs to the risk of damages if bank details are compromised.[12]

These types of devices cannot be reset to factory condition without passwords, PIN number or fingerprint, which the owner is unlikely to freely make over to bailiffs, rendering the hardware worthless and anti-theft trackers follow the device wherever it goes.



[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Civil Procedure Rule 85.4
[3] See Making a third-party claim
[4] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Section 3 of the Torts (Interference with Goods) Act 1977
[6] Civil Procedure Rule 46.5
[7] Practice Direction 46.5 Rule 3.1
[8] Civil Procedure Rule 44.2
[9] Regulation 4(1)(a) of the Taking Control of Goods Regulations 2013
[10] Civil Procedure Rule 85.8
[11] See Making a claim to exempt goods
[12] See Can bailiffs take devices containing personal digital data and software licenses?