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AIBU?

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Original poster

Bailiffs help please

407 replies

namechange3567756 · 29/05/2018 11:30

Posting for traffic.

Can bailiffs take work tools and van that they have clamped outside the property? Van worth nothing, tools are "chippy" tools he needs for work. Citizens advice website says they can't take anything work tools wise under the value of £1500 but bailiff saying that is incorrect information on their website.

He also has mental health which they don't believe and are saying they will sit outside until he prove it. He can prove it but on via his gp which obviously can't be done in an hour.

Please advice would be great.

OP posts:
CuriousaboutSamphire · 29/05/2018 11:48

They are wrong... the below is from the government website www.gov.uk/your-rights-bailiffs

What bailiffs can and can’t take
If you let a bailiff into your home, they may take some of your belongings to sell.

Bailiffs can take luxury items, for example a TV or games console.

They can’t take:

things you need, such as your clothes, cooker or fridge
work tools and equipment which together are worth less than £1,350
someone else’s belongings, such as your partner’s computer
You’ll have to prove that someone else’s goods don’t belong to you.

Get that up on your phone and take it out to them. Ask them to re-think their approach given their error and his MH issues.

But they probably won't go away until they have some money! They will have a debtor and a court to satisfy!

Original poster
namechange3567756 · 29/05/2018 11:51

They are saying prove they aren't worth that much

OP posts:
Rocinante1 · 29/05/2018 11:55

@namechange3567756

If they are work tools, then you will have receipts. Show them the receipts.

Coolaschmoola · 29/05/2018 11:58

@Rocinante1 - not necessarily, depends how long you've had them.

OP - ask which company they work for and phone them directly, stating you wish to make a complaint for failing to abide by regs.

AjasLipstick · 29/05/2018 12:02

Get online, find the equivalent tools and tell the baliffs you know you're in the right and will call the police if they try to remove the tools.

STAY CALM. Above all, stay calm.

UpstartCrow · 29/05/2018 12:02

Are they debt collectors or bailiffs? They dont have the same powers.

Original poster
namechange3567756 · 29/05/2018 12:05

Bailiffs. They've clamped his van which has tools in and are sitting outside. Tools are old so no proof of how much they cost etc.

He's explained he's vulnerable with mental health and can prove it via his gp but obviously not right this second with them outside.

OP posts:
Original poster
namechange3567756 · 29/05/2018 12:06

He's phoned their head office and they said he has to deal with the bailiff now

OP posts:
Amanduh · 29/05/2018 12:08

They can’t take a vehicle which is essential for your job and which is worth less than £1,350 same with the tools.
Tell them you’ll call the police

Original poster
namechange3567756 · 29/05/2018 12:10

I said that to them but they said he needs to prove they aren't worth that much. Advice from 101 is they don't do anything unless there is a fight etc

OP posts:
kaytee87 · 29/05/2018 12:13

Tell them they need to prove it is worth that much.

How old is the van?

baxterboi · 29/05/2018 12:16

OP if they are not from the high court they literally have NO POWER.

They are regulated by what they DO not what they SAY - so they will say everything under the sun to scare you into paying.

Tell them you're calling the police unless they can show you a high court judgement.

CuriousaboutSamphire · 29/05/2018 12:16

He should be able to find his receipts, or his accounts with the details included. Stop phoning their HO and start looking for evidence they can accept.

  • Online trade companies
  • Amazon even
  • We buy any car.com for the van

And no, you can't call the police on them, they are court officers, or certificated enforcement agents. They are obliged by the writ they carry to get payment - and your OP will have known they were coming as, since Oct 16 they have to send 7 days notice and they rarely get that wrong!

ReanimatedSGB · 29/05/2018 12:17

Have they got a proper warrant to sieze goods? A lot of debt collectors are chancers who rely on people not knowing the law and being terrified of them.

Original poster
namechange3567756 · 29/05/2018 12:18

He hasn't received 7 days notice

OP posts:
Celebelly · 29/05/2018 12:18

The police won't intervene - they are entitled to take belongings to pay the debt. While the work tools may be under the threshold, if there's no way to prove that with receipts, etc. then they may make their own evaluation. They could also argue that the van is part of 'work equipment' so pushes the overall value past the threshold.

Unfortunately I think you have two options

  1. Pay the outstanding debt or try to come to an agreement about a payment schedule/offer to pay at least some b) Let them take the items and get your evidence together about the cost of the tools, etc. so you can challenge it.
baxterboi · 29/05/2018 12:18

A lot of debt collectors are chancers who rely on people not knowing the law and being terrified of them.

Unless they are from the high court - they are chancers. They are nasty nasty threatening bastards.

Original poster
namechange3567756 · 29/05/2018 12:19

Van is old and falling apart. Scrap value at most

OP posts:
Celebelly · 29/05/2018 12:19

But yes, do make sure you've seen proper ID etc first!

VelvetSpoon · 29/05/2018 12:20

Not having received it doesn't mean it wasn't sent.

Can he make an offer to pay? Agree an arrangement? Ultimately this isn't going to go away. You don't seem to be disputing he owes the original debt?

CuriousaboutSamphire · 29/05/2018 12:20

OP if they are not from the high court they literally have NO POWER. Please don't believe that.

a) it is not quite true and
b) it won't help you resolve anything.
c) the debt will only increase if they go back, and the debtor takes further action

If they are bailiffs, and OP says they are, they will have shown the writ. They will wait, they will look nasty, make very robust claims, and, if they see you are trying, they will often help (can you tell I know a few real certified agents Smile ). They have a job to do, they have no leeway, they cannot just shrug and walk away.

Your very best bet is to get your OP to look up the value of his goods, then they can mark the file closed, no goods of value!

StrugglingMumma · 29/05/2018 12:20

If you are on Facebook, check out beat the bailiffs page. You will get some excellent advice there.

Good luck

baxterboi · 29/05/2018 12:22

*OP if they are not from the high court they literally have NO POWER. Please don't believe that.

a) it is not quite true and*

What not quite true?

CuriousaboutSamphire · 29/05/2018 12:23

He hasn't received 7 days notice Are you absolutely certain? As in, he hasn't said that and hidden the letter to make it all go away?

The bailiffs will have heard it all before but you could call back their HO and ask when they sent the notice out.

Did you check their credentials? They are definitely High Court bailiffs or certificated enforcement agents?

Original poster
namechange3567756 · 29/05/2018 12:24

The way they have spoken to him and me for that matter about mental health is bloody disgusting!

OP posts:
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