Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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 12:43

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. Of course they are! How else can they persuade some debtors that today is the day you pay up ?

Honestly OP, it is absolutely no good explaining what has gone before, what list of incidences led them to the door today. That just distracts form the main issue of getting them away - that will only happen if you can prove the lack of value in the goods or offer payment, in full or part!

It would be far easier, and far less stressful, just to do a little online research and show them the value of the goods!

HeadsDownThumbsUpEveryone · 29/05/2018 12:44

in order to get you emptying your bank accounts and hoping you will call your family and friends to beg for money.

That's exactly what they should be doing though. The debt won't go away unless paid, so rightly or wrongly they need to try everything to raise funds. You should be ringing around to get money, whether you consider it begging or not he owes someone money and if the situation was reversed then you would expect them to do everything in their power to get what is rightfully owed to you.

They will remove the van and tools if the van is free of finance and they are shown receipts, these will be sold, they would then come back for the remainder of the debt. Don't assume they won't remove them because it would be a hassle, they will be adding the cost of removal onto the debt.

Melliegrantfirstlady · 29/05/2018 12:44

Apparently if the vehicle is essential for your job and worth less that 1:3k they can’t take it either

squigglebrain83 · 29/05/2018 12:44

He has no money to even pay in instalments until he can pay in full

OP - lawyer here. His best bet is to offer them payment in installments - he is working so he must have some money coming in. A willingness to try will go down much better, particularly if he does not have much in the property in the way of luxury items.

I get that he has had a rough time with his divorce and mental health - but ignoring it is not going to make it any better. He needs to put forward an offer for them to take back to the creditor.

CuriousaboutSamphire · 29/05/2018 12:45

Cross posted... but the advice stands.

And then he needs to head for CAB, Stepchange etc and get his debts properly sorted, as it sounds as thought there will be more of this in the pipeline!

Melliegrantfirstlady · 29/05/2018 12:46

But he can agree to set up a repayment schedule so no need to go begging

Original poster
namechange3567756 · 29/05/2018 12:46

He's maxed out on borrowing from parents/credit cards/loans/I haven't the money to lend him either. Sad

The divorce settlement should be done within weeks because they have the absolute and have a meeting next week to hopefully issue a check and part of the settlement was to settle this debt as it's in both his name and his ex wife.

OP posts:
user139328237 · 29/05/2018 12:48

By 13:00 the debt will be at least £8000 if you continue with this attitude. He owes this money he needs to pay it. The high court enforcement officers are legally obliged to not care about his other debts (and in many ways this makes it more important that the seize the assets to stop other bailiffs doing the same on other debts) and you are not attempting anything constructive.

HeadsDownThumbsUpEveryone · 29/05/2018 12:49

The divorce settlement should be done within weeks

Sadly this is of no use, he needs to focus on sorting this out today they wont wait weeks.

I appreciate it is a sad situation, and that you are a kind friend/relative trying to help but at the end of the day he used the service/money etc that the debt accrued from and therefore he needs to pay for it.

Original poster
namechange3567756 · 29/05/2018 12:49

He's living in his overdraft each month. The settlement would clear his debts, I just wish we could fast forward a few weeks to sort this all out once and for all.

OP posts:
Mc180768 · 29/05/2018 12:53

Op,

Is the debt listed to him personally?

Are the enforcements agents High Court Enforcement officers or your regular enforcement agents?

What's the outstanding debt for?

If your OPs debts are less then 20K he can apply for a Debt Relief Order.

However, unless a payment arrangement is accepted, there is no other option other than to allow the removal of the van .

Fighting this is not going to help and there is no way they are going away.

If he's self-employed and a sole trader then he's going to have to begin again.

If a LTD company debt, a PG if signed he is liable.

FASH84 · 29/05/2018 12:53

Can he let them take his TV, laptop etc? As first installment in a payment plan rather than the vehicle? You need to prove the van isn't worth shutting. This will give him a few weeks grace until he gets his settlement and pays the balance

BumpowderSneezeonAndSnot · 29/05/2018 12:53

High court bailiffs don't give notice
They won't move without evidence - receipts, bank statements etc
Go and try and negotiate a payment plan
Try and borrow money from family

user139328237 · 29/05/2018 12:53

You need to find a way to get a substantial down payment today.
Is the ex wife willing to release some funds now for a down payment (if she is meant to receive child maintenance his continued employment would be in her interest)? Do you really have no money at all that can be used?

FASH84 · 29/05/2018 12:53

*anything

HeadsDownThumbsUpEveryone · 29/05/2018 12:55

Can he let them take his TV, laptop etc? As first installment in a payment plan rather than the vehicle? You need to prove the van isn't worth shutting. This will give him a few weeks grace until he gets his settlement and pays the balance

Its a debt of approx. £6k the tv and laptop are not going to even make a dent on the amount they would need to arrange a payment plan, they usually look for at least half in cash.

FASH84 · 29/05/2018 12:55

Not letting them in won't be helping their attitude either and as PPs have said if they call a low loader the debt will jump up

UtterlyDesperate · 29/05/2018 12:55

I'm sorry, OP, but without a payment and a payment plan, they aren't going to leave today. Unless that's with goods.

It might be better to let them in, and tell them to start removing things from the house. That way, he will still be able to work, and there's usually a grace period of seven days before things are sold, so once his payment comes through next week, he can make payment and have his stuff returned.

High court enforcement is absolutely last chance saloon, I'm afraid, but as you are convinced payment will come next week for sure, that should be no issue wrt his possessions.

FASH84 · 29/05/2018 12:56

They were just examples, anything in the house that's not essential also showing willing can get them to be more reasonable in terms of plans. He has clearly buried his head in the sand for a long time and needs to face it

Original poster
namechange3567756 · 29/05/2018 12:56

The debt is in the names of him and his ex wife for around £6000. She signed to contract too but he has always kept her out of it because without going into detail it was him who fought to dissolve the contract due to them not holding holding their end of the deal so to speak (it was very complicated.)

OP posts:
BumpowderSneezeonAndSnot · 29/05/2018 12:58

Then get on the phone to her for half the money and show the bailiffs it's joint liability and you'll set up a payment plan for the other half

HeadsDownThumbsUpEveryone · 29/05/2018 12:58

The debt is in the names of him and his ex wife for around £6000.

If its in both names then they would be jointly liable so have they been to see her regarding the debt?

Original poster
namechange3567756 · 29/05/2018 12:58

He hasn't let them in because he has his dc at the property

OP posts:
user139328237 · 29/05/2018 12:58

If its a joint debt speak to the ex wife and see if she can pay as otherwise as soon as the lowloader has dropped of his van in the compound it will make a visit to hers and take her car to the adjacent parking pay...

FASH84 · 29/05/2018 12:59

So if it's a joint debt can he not call her? If she can find £1500 or so and he gives up some property that should stave them off until the settlement next week

Please create an account

To comment on this thread you need to create a Mumsnet account.

Join Mumsnet Log In

This thread is closed and is no longer accepting replies. Click here to start a new thread.