Bailiffs help please

[namechange3567756]

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.

It's not appropriate to talk about debt collection with a child in the room, especially the way his ex is who would probably deny access if she thought that took place.

but he hasn't has he?
For at least a few months he hasn't paid anything?

It's all well and good getting it in writing and saying i can pay you in a few weeks, but that's again like me saying to tesco,, yeah i took 6k of goods from you, didn't pay and now please please please give me even more time before i pay...

He hasn't paid anything because the court date was only at the beginning of this month then wasn't sure if he was going to appeal. So why would he pay something before it went to court?

He may not be saying he won’t pay the debt but looking at it from a totally unemotional outside perspective he’s done next to nothing to start to make a payment or arrange a plan. He hasn’t asked to set anything up, he hasn’t offered items. All he has done is refused to let them in the house from their perspective. Surely you can see that and understand how it looks?

You don't need to respond to every poster, OP. Especially when they are being hostile. You have made many of these points again and again. I think you are being very patient.

The appeal period only ended Friday! They are here Tuesday. He wanted to appeal but I strongly advised him not to.

I wasn’t to know that, and ultimately it makes no difference, they aren’t a charity in which services are provided free of cost, once again he’s responsible for the debt, a court official has found him responsible.

The debt needs to be paid, it isn’t going to disappear, even a million pound company has debts and bills to pay, much more than your avarage joe, that 6k is someone’s wages, you do know also by them chasing this money it’s has also cost them, they can’t be showing to allow people to not pay for the services they provide (court approved)

no point giving a sob story and woe is me (him) attitude!

You have shown he has his head in the sand, you’ve also advised he has 6k for this debt, another 8k in another debts, he’s in rent arrears etc...

Again advice him to get professional debt advice, Facebook and google searches aren’t going to help.

I don't understand why people think he should have paid before the court date. That would be like waiting to go to court for suspected burglary but giving yourself a fine/community service/prison time before the court date?

If your guilty you admit your guilt in exchange for a lesser sentence same as debt you ask them can I pay this without further charges can I make arrangements to pay etc

Ok he shouldn't pay before the court date.
Shouldn't he have paid when he used the service though?

Quite simply he has stole 6k.
And then he refuses to pay when he has been ordered by the court.

But he knew and presumably you knew as well that he had until x date to appeal after that the money had to be paid. It seems that neither of you expected them to turn up for a couple of weeks, what should have happened is he should either of appealed, this would have at least given him some more time, or made sure he had something ready for them as payment became due as soon as the appeal date had passed.

”... it's a multi million pound company. I don't think they are sitting around waiting for his £6 grand really are they.”

Yes, they are. Hence why today. I can’t believe you’re now trying to pull the multi-million pound company against my poor partner card. Where he apparently signed a contract and was shocked the contract was valid and enforceable in court and he’d have to pay.

He did offer a settlement fee but they wouldn't except it. Do it went on and on. They did wrong doings which they wouldn't give an answer too and ignored his solicitor (when he could afford one at that time.) If it was proved right then the contract would have been void because of their actions. It was complicated but the case wasn't without merits on his part. Unfortunately he did loose and he knows he owes the debt and will pay it. But people demanding it TODAY, the first working day after the appeal period was over (he was contemplating it right until the end) is not possible. Now I will help him take the next step. But I won't be bullied and spoken to like I'm a criminal.

The original sum was around 3k but between court fees and interest it soared. They didn't actually provide a service, that was the problem and that was his argument. So essentially they wanted 3 grand for doing f all. But either way, he knows he owes the debt and will get it sorted out.

Even if the appeal just ended on Friday, it’s a case that’s been ongoing for years, as you say the appeal ended on Friday, so quite rightfully the company has not instructed the high court to take over the case. Which would be the next working day. So today.

It’s not a case that’s been on going for months, it’s been YEARS and you try and tell us he hasn’t buried his head in the sand.

It’s always an excuse OP, he couldn’t do X, Y, Z his child was in the room, however this is a case that’s been ongoing for years, he should have got professional debt advice, and he hasn’t done!

But why advise him not to appeal that would have given time for his settlement to come through then he would have had the money to pay them. If they have been waiting a long time for this money it's not surprising they have turned up at the first possible opportunity. I didn't realise it went straight from dispute to bailiffs though. I always assumed if you were fighting a case like this and lost then you would be ordered to pay the company and if you failed then the bailiffs were called in.

Because I knew he wouldn't have won and was worried it would incur more fees.

There has been the most unbelievable amount of bollocks written on this thread as well as self - righteous 'it's your debt and you have to pay it ' type stuff. Along with the ever helpful 'he knew it was happening why didn't he deal with it' ? All of these are incredibly unhelpful and some just darn right harmful.
There have been a couple of people with what appears to be ACTUAL knowledge. MarsBars knows her stuff. ! As opposed to information gained from a highly edited TV show. !

Almost every post from Siwel123 has been either wrong or massively lacking the support that this forum is meant to be about. Really harsh. Hope you never find yourself in horrific money problems that stress you so much Siwel123 that you are simply paralysed by the situation.

You sound kind, empathetic and incredibly practical OP. You need to get him to understand some facts and to take some specific action.

1. Never let a bailiff into your property. They have no right of entry without a warrant. Once you have invited them in they have the right to return. If they had a warrant they will not be shy in waving it at you. They didn't. It has to be issued by a court. DO NOT LET THEM IN !!

1. High Court Enforcement officers may only take the following . :

• that are essential for the basic domestic needs of the Defendant and their family e.g. clothing, bedding, furniture and other items of equipment • Any goods that constitute ‘tools of the trade’ which are for the personal use of the Defendant in their trade or profession that have a maximum of up to £1,350), e.g. Tools, books, vehicles and other items of equipment • Goods belonging to someone other than yourself, commonly called “the Third Party”. • Items that are on hire purchase agreements or are leased or on rental agreements. E.g. Vehicles. • Goods that have already been seized by any other High Court Enforcement Officer, Enforcement Agent or County Court Bailiff.

This is not an 'optional' list. This is the law. If the HCEA contravenes these rules he may have his certificate revoked.

*This is the reason they left. This is the reason the van was not clamped.
The debtor did not let them in(and they have no right of entry) and they are not permitted by law to take his low value trade vehicle and tools. They had no way of enforcing the debt. That's why they left. They are paid on commission and need to find a debt they can enforce.

3.* Now the immediate threat has past your dp needs to put his Car somewhere that is not outside his property and not on public land. They are not permitted to clamp on private land. So friends driveway. A private field. Etc (Whilst they are not allowed to clamp it, the less scrupulous ones will clamp it (but not call a removal truck just to put the pressure on).

1. Get him to the CAB debt counsellor. They can organise the vulnerable person issue AND start to sort out debt relief orders, IVAs, Bankruptcy. / repayment . Whichever the experts advise and start to sort out why he hasn't got a PIP with MH problems. You can get a PIP and work full time.

5 Get him to his GP and get a letter with his MH diagnosis and a note of how stressed he is on top of the MH issue. Email this letter to Enforcement officers head office with your reference number.

1. Give lots of support. DEBT KILLS PEOPLE !! TRYING TO SORT DEBT ON YOUR OWN IS OFTERN OVERWHELMING. It is one of the top three reasons men commit suicide.

Ex CAB debt adviser.

If you are providing evidence, building a case and asking for information with a solicitor and later me to a company in dispute then no that's no burying your head in the sand. Burying your head in the sand is ignoring the matter all together.

In which case he should have been prepared to find some way of making a down payment before today. He knew what was his last day to appeal and he knew as soon as that day was over he would be liable to pay so he should have spent those few weeks making some arrangements

Thank you fon. His van was parked on private land behind his property. They told him then me that they had clamped it. I told them they were breaking the law if the took the van and those tools because they were not past the value of £1350. His van does not look like it is worth that! It's ready for the scrap yard. The bailiff told me I was wrong. They told me citizens advice website was wrong. They threatened to take it away. I told them that was against the law and I would be making a complaint. They got aggressive.

I think OP, you and your DP know now what the true situation is, have had some useful advice here how to try to move things forward, seem to be putting together a plan, and I'm certain you will both come through this a bit wiser.
You've had a shock today, so I just wanted to wish you some peace this evening and hope you both feel a bit stronger and able to face up to what needs to be done tomorrow. Good luck (I really don't mean for that to sound as trite as it does x)

Why do i have to be nice and supportive? Why can't i tell it like it is.

He refused to py a company money they are legally entitled to. He lost his court case. He appealed. He lost. A high court writ was issued against him saying he must pay...

He then refused to let them in. Saying oh no my kid is here i can't.
Refused to give them any money.
Tried using mental health as a way of delaying paying a debt he has to pay.

I have no sympathy there. If he had talked with them, been polite and tried to work soemthing out and they were being knobs i would be supportive.
Instead he is going against a court order by the second highest court in the UK.

I have experience of debt but you know what i worked with them and got a plan sorted. Not lock myself in the house and do everything possible to obstruct them.

Haven't read the whole thread, but should he file for bankruptcy? Perhaps those in the legal profession can advise.

Yes debt does kill. I watched as my dp sunk last year and moments of feeling suicidal so I know the seriousness this sort thing and what it can do to people.