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.

OP I hope you don't mind but I've inboxed you it may be of some help 😌 x

That's what they do OP. There are many people who do avoid debts who can pay but the laws are in place to protect the genuine poor.
Divorce is the top reason for spiralling debt. Private Land is a difficult one. They can argue it is 'at your home' but a mute point here as they are not permitted to take his means of paying a debt (his vans and tools) that is why they left.

Siwel123 Are you owed the money ? You sound very angry. Has someone not paid a debt owed to you ?
Sorry but it doesn't matter how much someone owes - if there is no money to pay then there is no money. It's not optional. He isn't deciding not to pay. He CANT !
Why can't you understand that ?

This man is living in poverty and earning money for priority debt. OP listed where the money goes. They are ALL PRIORITY debts. Rent , Council Tax, Court fines, Child Maintenance , Utility debts are priorities above any civil debt.

I am pretty sure you would like a return to debtors prison thank god those days are gone and you can no longer be imprisoned for debt (you can go to prison for non payment of debt when a court has examined your expenditure/income and makes an order to pay when 'spare' money is identified and you choose not to pay. You get banged up for contempt of court NOT the debt)

Get him an appointment with a CAB debt advisor. NEVER LET THEM IN. By not letting them in he has bought himself some time. Getting a 'vulnerable person ' letter from the GP will prevent their return.

He can then call the Enforcement people. Explain their is a payment due to clear the debt. Speak to his solicitor and get a realistic date for this to be done. A letter confirming from the solicitor will be even better.

Debt is debilitating. It can 'freeze' perfectly capable people. For those with MH problems - do not underestimate the catastrophic effects it can have including a rapid decent into suicidal thoughts. At least he has you. It's no pathetic saying that a problem shared is a problem halved.

I don't think it is a CCJ? There was a hearing to determine whether his case was strong enough to enter county court but the judge at the hearing decided it wasn't. So I'm confused by who sent bailiffs? Would it be the company he owes?

He has PTSD, ADHD, GAD, Depression and is being tested for Aspergers. All the letters after your name but not in a good way! 😐 It's really tough watching someone you love go through breakdowns. I am helping him as much as possible though and it's nice to know there is some empathy out there. It's a civil debt not a charge for murder!

It MAY be best to file for bankruptcy but it MAY not. If he is expecting a divorce settlement that will clear this debt and any other - then Bankruptcy is not the best answer. We none of us know what his debts are and how much his settlement is.

He needs professional debt advice. CAB are as good. Our training is pretty robust. Step change also - but usually best for IVAs. CAB will pass you on to them if appropriate. But your first thing is to get him to his GP to get this all put on hold. Go with him. MH problems with added debt worry can make people unable to make themselves clear about what they need.

He has a gp appointment tomorrow morning at 9.30am

Explain their is a payment due to clear the debt. Speak to his solicitor and get a realistic date for this to be done. A letter confirming from the solicitor will be even better.

How can he get this when the payment is being worked out between his parents and his ex PIL? I really feel for him, struggling with debt can be horrendous, but it seems as though he has just pinned everything on this settlement which if it has not been court ordered or agreed through a solicitor is by no means guaranteed.

I am owed money, yes, so this may cloud my judgement and niceness to people in debt.

Sorry for maybe being a bit harsh OP.

However no I don't want a return to debtors good to prison. Seems as I've been in debt before .

There are some horribly judgemental and sanctimonious posters on here but that's MN I guess. It brings out the best and the worst in people.

I've been through some difficult financial times in the past, which is why I made it my priority to know my rights and know exactly what bailiffs could and could not do. What they can actually do, by law, is not that much; so they resort to scare tactics, lies and intimidation. "Don't blame them for doing their jobs"? Yeah right. They are the lowest of the low. I'll repeat, for anyone who missed it the first time, civil debt is NOT A CRIME. Any one of us could find ourselves in difficulties and unable to meet all our financial obligations. Once you've paid your rent/mortgage and other essentials as well as put food on the table, if there's nothing left then there's nothing left. You can't magic it out of thin air.

He just told me when they came to his door the tried the handle then banged it so hard repeatedly and aggressively it frightened his dd. So letting them in for a friendly chat with his dd sat there was not going to be an option.

One thing that did amuse me was they told him they had clamped the BMW parked in the road outside his property. He had to tell them he doesn't have a BMW.. Ooops.

The sticker on his windshield says they have put something on his van so it cannot be moved. There is no sign of a clamp he said so I don't know what that is?

OP does he have a back up plan, just in case the settlement doesn't materialise?

Yes some sort of debt consolidation which I will help him with. It will get sorted out, I'm good with money.

That's good he is lucky to have you to help. Maybe you should take steps now to sort that out rather than wait a few weeks. Of course if the settlement comes through you can then use it, but it might be a good idea to sort out the back up plan in the meantime just in case.

I guess having an asshole of an ex husband who would thrive off of doing this sort of thing (he wanted to be a traffic warden) I know the type and the tactics.

I lost my brother a few months ago so to me this kind of thing, whilst it needs sorting, seems small in the grand scheme of things because its a debt for money, not trial for murder. I won't have people coming to the door in an aggressive manner from the onset over something which doesn't warrant that sort of aggression. Especially as I know the sort of people who get off on being a bully like my ex husband.

It will get sorted. Dp is seeing gp tomorrow morning to get a letter about all his mental health issues and hopefully they can then deal with him in a more civil manner rather than aggressively banging on his door and threatening this and that.

“But I won't be bullied and spoken to like I'm a criminal.”

Hang on, this has legally nothing to do with you and you’re actually interfering and attempting to intercept them. And you’re complaining about how they’re reacting to your interference when you’re attempting to block them from doing their job?

You’re claiming they’re bullying you when you are the one who is blocking them and engaging in a dialogue with them?

I will intercept if I can see dp is distressed and anxious. I could tell by his breathing and his speech he was going down hill. I also know his rights and spotted the lies the bailiff was telling in order to panic and intimidate my dp. So yes I will intercept if it was necessary and it was on this occasion.

That was kind of you to admit to a bit of a projection Siwel123 . Debt wether owed to or owed by is extremely stressful. And there ARE a lot of people who know the system and play it.

I have had clients turn up pleading poverty wanting me to 'speak to the bailiffs and get them off our back' but refuse to provide bank statements , refuse to discus ANY money/income/expenditure. I even had one bloke claim his ski holiday was a priority debt as his 'wife would go spare' if it were cancelled . (From a man who owed 12k in Council Tax) .. so the idea that people don't try and scam it is incorrect. It is usually pretty clear though. They know the system. They have cars in their family members names, on finance. Big gates up on property . Name aliases. Bills in Wife's name . etc etc.

Then there are people who end up in debt through divorce/illness /bad choices. MH often plays a major part. Exacerbated by lack of sleep and constant worry. These are the people bailiffs target. It's commission based. They are simply an easier target . Poor with no legal resources, frightened and very easy to intimidate .

I think you will find PetulantPolecat that the OP was Advocating for her partner.
The bailiffs were not 'doing their job' . They acted illegally by telling the debtor they had clamped his van. A move designed SOLELY to intimidate. They unclamped his van because they were breaking the law to do so in the first place.

The bailiff told me "if I thought I hadn't done my job correctly then I would be unclamping the van right now" after I told him he was breaking the law because he cannot take a work van with a value of less than £1350. Clearly at some point when he realised his ruse wasn't going to intimidate me he decided to unclamp it.

Anyway enough for tonight I'm off to bed.

@PetulantPolecat she is his partner, he is in a really tough place and these people were acting illegally... thank god she was there for him.

OP, he is very lucky to have you. So much respect for you working as hard as you have to stick up for him and make sure process is followed.

If he's going to the GP please ask them to issue a letter, so he has his various diagnoses officially in writing.

I'm a bit worried you are now saying you don't know who sent the Bailiffs. Does he have the letters/documentation of when he went court to fight it? That should tell you which court it was at (and I would assume it's a High Court due to the amount owed), and at the last hearing there would be documents issued to him stating what to do next and what would ensue if non-payment happened. You don't need to tell any of us on here, but your DP needs to be honest with you about this info, and where it is, especially if you are to help him.

I'm not at all sure these fuckers were high court bailiffs with proper warrants of enforcement. They sound like they were trying it on and there is in fact a bit more leeway before they can strip his home.

Hi OP, I am shocked and appalled at some of the replies you’ve received. Some posters have given terrible advice and often advice that is completely incorrect. Well done for preserving with some of the accusatory comments and continuing with the thread in order to best support your DP.

I used to work in the debt advice industry and can confirm the advice you’ve received from @fontofnoknowledge is sound.

I’ve also been on the receiving end of bailiffs and they are far from honest or polite the vast majority of the time. I often think they if they weren’t so threatening, rude, aggressive and intimidating they would find people more willing to deal with them but hey-ho

I hope that your DP manages to get some support from his gp tomorrow and hopefully they bailiff will accept his vulnerability status.

Wishing you and your DP all the best.

OP you need your partner to get professional advice via a charitable agency such as stepchange. Please don't take some of the misinformed advice of some people on an internet forum. Not wishing to point anyone out specifically but looking at you siwel

I actually hope the judgy, sanctimonious posters find themselves in your position and realise that most people are a pay check away from finding themselves in trouble. Especially when they rely on their husband's wage to pay the bills - what part of the OP's partner has NO money for a payment plan do people not get? He can't magic the money out of thin air - so take you 'advice' and thank God you don't find yourself in this position