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.

siwel123 Tue 29-May-18 20:06:47
Why do i have to be nice and supportive? Why can't i tell it like it is. *because the OP is asking for advise and frankly your posts have come across as patronising. And you aren't 'telling it like it is' you're giving wrong information claiming your an expert.

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 CAN'T pay. He has no money to pay. Prey tell how he can magic up the non-existent money to so easily sort this out?

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. *Are you really so hard of thinking? He not once refused, he literally CAN'T pay as he doesn't have the funds. Once again, when you have no money - how on earth can you offer a payment plan? Seriously, I'm agog that people can't grasp this basic fact - he doesn't have ANY MONEY.

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. *Well bully for you - some people just bury their heads in the sand and no it's not ideal - OP's partner, for the 50th time, CAN'T sort out a payment plan to repay as he is skint - nil funds - can't magic it up - can't ask family - does that sink in??? Absolutely vile those who are advising such.

I'll say again, I really do hope that the sanctimonious posters on here actually experience what the OP and her partner are going through - I'll make sure I've got a front row seat to preach

You realise I have gone through it. Having high court enforcement at my door?

siwel123 Wed 30-May-18 00:06:21
You realise I have gone through it. Having high court enforcement at my door?

Well then more shame on you Siwel - so apparently you've been there so must know what OP and her partner are going through.

Can you advise how he can arrange a payment plan when he literally doesn't have any money? He's in deficit each month? Serious question.

A payment plan can include the promise of payment at a later date. Ie he talks to them and days I have this much money coming soon (ie his settlement) and I will pay it then.
He can also offer for them to take goods to offset the balance and ring around family etc.

Why more shame on me though? I've gone through what they're going through and telling it how I see it. That they need to talk to the agents, work with them etc. Not refuse entry and be difficult. The more cooperative they're the more cooperative the agents are.
I may have come across harshly and I have said above that I am also waiting on money oweing so this may be affecting my attitude. But like I said I'm telling it how it is, this problem isn't going away so they need to cooperate and try work something it and not be difficult.

And that's he message I was trying to get across

siwel123 Wed 30-May-18 00:16:01
A payment plan can include the promise of payment at a later date. Ie he talks to them and days I have this much money coming soon (ie his settlement) and I will pay it then. *rubbish - a promise of payment does NOT make the baliff's go away - otherwise we could all say we're waiting on an inheritance, a bonus at work etc. These people want a sum up front and then may take into account a payment plan. OP has repeatedly said her partner has no capital, or funds to make a payment plan.

take goods to offset the balance and ring around family etc. OP has said that the partner through desperation was at the end of his tether and contemplating allowing the access - however, he has nothing of value and as has been repeatedly said, unless the value of the goods take equates the debt then it's rendered useless.

Why more shame on me though? I've gone through what they're going through and telling it how I see it. That they need to talk to the agents, work with them etc. Not refuse entry and be difficult. The more cooperative they're the more cooperative the agents are.

I absolutely disagree with allowing entry. And stepchange and charities advise the same.

I may have come across harshly and I have said above that I am also waiting on money oweing so this may be affecting my attitude. But like I said I'm telling it how it is, this problem isn't going away so they need to cooperate and try work something it and not be difficult.

You're not telling it like it is you're giving bad advice to someone who is desperate. The OP and her partner have NO money to spare. The don't have any assets. Your advice is rubbish. Please stop stating it as fact!

I have a right to express my opinion and discuss what happened to me and what worked for me.
What worked for me was letting them in and discussing it and therefore I suggested that. Other people disagree with that advice. So what?does that mean my advice/opinion is worthless. No.

Stepchange may advise that. So will many others. Unwavering letting them in worked for me and therefore I'm suggesting it as an option which the OP is entitled to ignore or use.

what do YOU advise he do, sorry.

My opinion is not worthless. Find that a vile comment.

Like I said sit down and talk with the agents and work something out.

I don't wish to continue talking to you as I feel calling someone's opinion worthless is not acceptable.

Never have is and I'm better then OP.
He will have money. OP said that. Therefore he can create a payment plan.

Sheesh

Never have I said I'm better I mean. Sorry

OP stated he is having a settlement in a week or so. So he will have money in a few weeks which can go on payment plan.

I've been in debt with agents at my door. And again it's more vile to threaten people with being in debt.

So fuck off.

Yes I was thinking the same @ReanimatedSGB.
Have I missed a post?
Do you know who these 'baliffs' were OP? Were they from the High Court? Did they have a writ? Did they show ID? From what you said in your posts OP, they simply referred to some documentation on their tech device and refused to show you. They could have been anyone based on that - "Hi I'm a high court bailiff/Harry Potter/the tooth fairy".
Hope it all gets sorted

I had the same thing when
Debt Enforcement Agents
(new title for "Bailiff's" ) came to my home. I was advised NOT to open the door as they have NO Legal right to enter ur property.. but if u answer and they force entry..its 1persons word against another! U shud contact-

1. DEBT & C/TAX HELP: 01209 340 090 or
2. www.CouncilTaxadvisors.co.uk I have used both.. And their amazing and really helpful. Good luck with it all. ☺

Step change may advise that. Siwel do you work for a DCA?

Stepchange will look at the debtors incomings and outgoings. There are priority debts, then whatever is left over can go into a payment plan with the original creditor not bailiffs. I find it hard to believe that a debt charity would ever advise a payment plan with a bailiff, paying all of their extra 'fees'. This may be different with a high court writ, but in the case of a civil debt they have little or no extra powers only more bully and scare tactics. A HC writ may be at the top of the list of creditors, but is not classed as a priority payment. If the OP's partner can't pay then they will look at other options based on their circumstances. I only have experience of debt collectors and Stepchange helped me with letters to the original creditors. I couldn't pay in the end and they had to advise bankruptcy in my case, but they were very helpful and never once told me to pay bailiffs. If you have no money you can't pay, but they will help you with this.

There are priority bills* not debts

No but I've gone through debt and being served with a high court writ before so I was offering what I know.

There is a very good reason not to let them in and it's extremely important not to do so if you cannot pay.
Bailiffs operate on a sliding scale of 'preferable outcome'.

1. Payment in full (maximum commission for them)
2. Clamping of vehicles and removal. Because Vehicle usually valued at more than the debt and most people will do anything to stop their vehicle being taken. Including loan sharks, payday loans, begging borrowing and stealing. Bailiffs don't care. Vehicles are a great leverage to get the debt paid in full. but they are not allowed to take work vehicles as this interferes with you ability to earn money.

Nor are they allowed to take cars on lease (not yours to sell) cars on finance (where your equity in the car is insufficient to cover the debt. OR cars on private land. (Except where that private land is at YOUR property. ) So neighbours driveway is 'safe' from bailiffs. Your driveway is not.

3 Part payment and agreement to pay balance on agreed return date. (More fees)
4 Payment plan - they will ALWAYS want a first payment there and then. This is almost the last resort for a Bailiff. He doesn't want to have to chase you. He doesn't believe you will pay. He doesn't have to accept a payment plan but probably will if he thinks there is no other option because he doesn't want the pain of ;

1. Removal of goods. He can ONLY do this if you ALLOW HIM IN. If you are going to make an agreement, do it outside. Do not let into your house. Once in he is ALLOWED to force entry if you for any reason are not able to keep to a Payment arrangement. OR he may see that you have an item in the house that will cover the debt and decide he no longer wants a payment plan. TOO LATE. Once he is in, he's in. The problem with the issue of possession is value. Items values are realised at Auction. So for example a debt of £500 could mean him taking away your TV that cost you £700 and will only achieve £200 at Auction . So will not just take the tv but your laptop (80 at auction) the kids Xbox (can you PROVE it's the kids) £100 and an item of Jewellery that cost you £500 but will only raise £200. These items have cost you in excess of £1500 but all you will get is enough to cover debt and fees.

It's the very worst outcome. Bailiffs hate it because it is a hassle to remove stuff . So will only do it if there is a big item that covers the debt.

But is you don't let them in. This isn't an option and they will have to agree a payment plan.
Ultimately , if they are not let in and there is no vehicle then they have to go back to their client and explain the debt can't be enforced.
For council tax you will be summoned to court to examine your finances.
For civil debt there is not much else that can be done if it's a private debt.
Bailiffs will ALWAYS refuse payment plans initially.

I have never had the bailiffs call at my house and hopefully never will. But if I do I will NOT be letting them in. Once you let them in they can come back and force their way in.

I am sure some of them are nice but I know someone who is a Bailiff and he is a nasty piece of work - a real bully.

Oddly enough, I came home to a letter from High Court enforcement yesterday, for a frankly massive debt that belonged to a previous tenant. It stated on the letter that the debtor had 24 hours to arrange payment, or they would force entry and seize goods whether anyone was at home or not.

They came back today, as promised. I let them in and showed them my council tax bill. They were very apologetic, as they hadn't really believed me when I told them I wasn't a Polish man (I'm English and very obviously female).

Luckily I know someone who works in High Court enforcement, so I knew what to do. Otherwise I'd have bloody well shit myself - it's not a pleasant experience and can leave you quite shaken and distressed.

For a magistrates court fine the bailiff can force entry with a locksmith if they have confirmed you live at the property

People love to say Dont let them in and they can’t do anything which is really inaccurate advise. Parking fines etc , its true, they can’t force entry but not magistrates fines

Also for people shouting about Dont let them in- if you genuinely cannot pay and you know you have no assets in uour property, then the bailiff will return the debt to the court under “insufficient goods”
They cannot do that if you refuse to let them in

I think it is very important to note that I have been talking about the Enforcement of Civil Debt.
This is not the same as debts where a magistrate has issued a Bailiff with a Warrant of Entry. Usually issued for unpaid criminal fines.

If a Bailiff has a warrant of entry he must show it to you. If he has this and you must check it. (Call the court that has issued the warrant. ) Then you must let him in. Or you will have a very expensive bill to mend your door - which is your bill to pay.

There are limited situations when a bailiff can force entry to your property if they have not been in before.
The bailiff is collecting a criminal magistrates’ court fine.
HM Revenue and Customs are collecting tax debts. The court’s permission is needed for this.
County court bailiffs or High Court Enforcement Officers can break into business property.
In practice, it is rare for these types of bailiff to force entry. Also, remember that other types of bailiff should not force entry if they have not been in before.