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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:
UtterlyDesperate · 29/05/2018 12:24

Sorry this is happening, OP. Wrt his mh, how about showing them his repeat prescription box or his medication/medication boxes?

I think that they are trying to intimidate him into making a payment by clamping the vehicle etc. If it doesn't eg have a loan secured on it (so if it's not on finance) in some circumstances they can remove it- but it's entirely possible that they aren't from the High Court: have they showed you a warrant to remove goods? Without that, they are chancing their arm and hoping to scare you in to doing something.

Also - if they aren't from the high court, they should be able to agree a payment plan, even if they say they can't.

Original poster
namechange3567756 · 29/05/2018 12:26

They won't except his medication as proof

OP posts:
TantrumsAndBalloons · 29/05/2018 12:26

Bailiffs can’t just take your word for MH issues, they need proof. You can provide this by GP letter, medication etc.
The onus of proof is unfortunately on you with regard to this and the value of the goods- you need to provide evidence of value etc.
Have you received any notification at all- are you aware of the debt and received documentation from the court prior to the bailiffs arriving? If you haven’t received documentation from the court and where not aware if the debt you may be able to speak to the court now and make a statutory declaration to that effect which will put the case on hold for a period of time

CuriousaboutSamphire · 29/05/2018 12:27

What not quite true? Look, it's likely, from the OP, that these men are bailiffs. They have said they will remove, which is outside the remit of a debt collector.

But, whilst DCs cannot remove they are just the first in long line of financial nastiness. They can stand and chat, ask for payment planes etc... these men have not!

If they are DCs then the only thing that will happen with their paperwork is that it will be bumped along the court process, adding cost to the OP and her DP. Telling her to ignore them is just putting off the inevitable and wracking up further costs. As with all advice about debts that is simply "ignore it it will go away" it is untrue and not helpful!

TantrumsAndBalloons · 29/05/2018 12:27

You said they won’t accept medication as proof- what medication is it?

Original poster
namechange3567756 · 29/05/2018 12:28

He phoned his gp to ask if they can put something in writing about his mental health and said he needs to write to them to consent to sending this information out.

OP posts:
UtterlyDesperate · 29/05/2018 12:30

And, tbf to the bailiffs (though it sticks in my craw!) - a lot of people will cite mh issues: you aren't automatically vulnerable in the legal sense if you have mh issues, firstly, and secondly, unless you have it added to your credit file (so, say, if you have bi-polar and are prone to excessive spending when manic) it's not a free pass to accrue or avoid repaying debt.

All that said, presumably, he told the company when this all first started, so he should ring them now, remind them that it's the vulnerable person team who are handling his case, and ask to be put straight through to them.

Original poster
namechange3567756 · 29/05/2018 12:30

He said he has the information about who they are on their electronic thing so can't post anything under the door etc but dp doesn't want to go out there so asked for a number and Dp phoned their head office who said they are from the high Court and he can only deal with the bailiff.

OP posts:
Rocinante1 · 29/05/2018 12:31

@namechange3567756

OP, unfortunately, this is a debt you need to pay. It will have gone through court, you will have had months and months to pay but havn’t and now they’ve had to send bailiffs to collect what you owe. It’s hard to hear that, but when you don’t pay your debts, this is what happens.

You will be getting charged by the hour as they sit out here, so not dealing with it is costing even more.

What can you pay today? You need to make an offer to pay something, and commit to a payment schedule. Can you call family and borrow a few hundred pounds if you’ve not got it?

Mental health is not an excuse to get out of debt. They have a job to do. You or your partner owe this money - his health does not change that. You need to start paying.

TantrumsAndBalloons · 29/05/2018 12:32

Did you receive documentation from the court?

CuriousaboutSamphire · 29/05/2018 12:33

namechange it might help to try to remember that these men hear a lot of excuses every working day. It is disgusting how many people use disability as a get out clause.

They also have no leeway, they are obliged, in law, to carry out a live writ. The way the law is written it is up to the debtor to provide evidence to back up their claims, not the bailiff to prove anything.

That and if they do remove goods you do 7 days to provide all evidence and get the goods back, bit that will add cost.

Have you offered a payment plan? I won't insult you by suggesting the debt is not real... it takes a while for claims to get to the High Court and, unless your DP has just been hiding form it, he will have had plenty of opportunity to defend against the claim.

Right now you need to consider how to reduce both the stress and cost to yourselves.

Original poster
namechange3567756 · 29/05/2018 12:34

He's not asking for the debt to go away, he is in talks about a divorce settlement which will cover the debt but this can't be done TODAY and he needs his van/tools to work. He's in this mess in part because of his mental health issues and I have explained to them he can prove it he just can't prove it instantly because of the gp needing consent in writing etc.

OP posts:
Nesssie · 29/05/2018 12:36

What Rocinante1 said. They don't just turn up out of the blue, you must have had months of warnings letters/court dates etc - bailiffs are very careful about paperwork to make sure that everything they do is legit. They are there to take payment or remove his van/tools. You need to start communicating with them - ask what is the minimum they will accept today etc.

LifeBeginsAtGin · 29/05/2018 12:36

OP, you either need to find the proof of the values of the items and/or evidence of his mental health ....

however there is a debt to be repaid and you need to find ways to make a payment. This isn't going to go away.

UtterlyDesperate · 29/05/2018 12:36

The thing is, even if they accept he has mh issues, it doesn't mean that they will - or have to- leave, unfortunately.

What cash do you have in the house, or can you get from the bank? Do you have an ISA you can cash in? The best thing to do is offer them as much cash as you can lay your hands on, borrowing from family if necessary, and make a payment plan for the rest. If they can see you are trying, they will often be accommodating (unless they've come back because you've failed to honour a previous payment plan you made with them) but they need to be convinced you are doing all you can to resolve this.

Apart from that - your husband should go to GP right now to give signed consent and request a letter.

Rocinante1 · 29/05/2018 12:37

@namechange3567756

Doesn’t matter what he plans to do. What matters is what he has done and what he does right now.

The people he owe took him to court - did he deal with that? Did he go to court, defend himself or offer a payment plan?

He will have had letter after letter asking for payment - did he respond and offer a payment plan?

Bailiffs don’t turn up out of nowhere; this will have been going on for a while and he could have been paying bits here and there, or sticking to a payment plan. Did he do that?

Now, you cannot expect them to just leave. They have a legal obligation to get this payment so... what can you offer to pay today? And then set up a payment plan with them.

Melliegrantfirstlady · 29/05/2018 12:37

How much is the debt?

HeadsDownThumbsUpEveryone · 29/05/2018 12:38

He's not asking for the debt to go away, he is in talks about a divorce settlement which will cover the debt but this can't be done TODAY

In the nicest possible way I agree with those above. This debt will have been through court and then through the high court it will have been months of knowing. I can see why they would not want to wait any longer, how long would the divorce settlement take, weeks, months, years all adding to the current debt.

I think your best option is to work with them to create a payment plan if possible (this would require you to pay a large portion now and the rest in instalments). Ignoring them is not going to help, they won't just go away.

Original poster
namechange3567756 · 29/05/2018 12:39

He did try and defend his case but just couldn't afford a solicitor to defend him so they walked over him and his mental health put him out of work for months.

I don't live with him so have nothing to do with paying the debt. He's hoping to get a smallish divorce settlement so he can pay with that but obviously they want their money NOW. He has no money to even pay in instalments until he can pay in full as he's already living in his overdraft as it is.

OP posts:
Melliegrantfirstlady · 29/05/2018 12:39

I bet you they have clamped your van and threatened to remove the tools in order to get you emptying your bank accounts and hoping you will call your family and friends to beg for money.

Apparently it is a dreadful hassle to remove vehicles when they are worth nothing as no one will buy them at the auction.

Ask him if you can show him the cost of tools online?

user139328237 · 29/05/2018 12:41

If this is high court enforcement find a way to get it paid. Don't bother trying to find a loophole so they can't sieze specific assets as there's fees rise by literally thousands each hour they are waiting for payment.
Does he have access to any savings? A credit card? Do you have any money he can borrow?

Melliegrantfirstlady · 29/05/2018 12:41

And yes offer to agree a payment plan. If he doesn’t have the cash now they won’t take his livelihood away with the tools etc because they will know he will then never afford the debt!

Jessbow · 29/05/2018 12:42

if he is in talks about a divoorce settlement, presumably thats nowhere near finalised, Whoever it is he owes, has come to the end of waiting. Clearly its been on going for while.

The long and the short is, you need to find the money NOW, or as much as you can. Payment plan for the rest of it.

Beg and borrow from whoever you can, but pay it

UtterlyDesperate · 29/05/2018 12:43

Ok, OP - high court enforcers can take his van: they may already have called a low loader, which will add to your costs.

They aren't going to wait for a divorce settlement to come through, unfortunately.

That said, taking things and selling them is absolutely their least favourite option: it's hassle for low reward, bluntly (and costs you more too)

How much money could you give them today?
What percentage would that represent of the total amount owed?
Can you ask family for a loan?

If they are from the high court, they aren't going to leave today with nothing. It will either be money and a payment plan or goods.

Original poster
namechange3567756 · 29/05/2018 12:43

Yes he tried to defend it in court. The debt was around £4000 but now £6000. He's already in around £8000 of other debt, had his internet cut off etc with bills overdue. He's got himself into a right downward spiral.

He hasn't got any money is the jist of it. The debt is now mostly interest/court fees. He tried but lost.

OP posts:
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