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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:
Ginger1982 · 29/05/2018 13:16

You need to try and offer something. I've seen enough Can't Pay We'll Take It Away to know that! Can a friend not lend something?

Padfoot1 · 29/05/2018 13:16

They can only access if they're let in peacefully they can't force their way in for a civil debt. Police can only intervene if a crime has been committed this is a civil matter police won't be happy if you waste their time. Very bad advice on here OP suggest you let them go away and speak to citizens advice your partner is vulnerable

HeadsDownThumbsUpEveryone · 29/05/2018 13:19

Very bad advice on here OP suggest you let them go away and speak to citizens advice your partner is vulnerable

The bad advice is mostly from you Padfoot1. The Op asked about them not taking the van, if they don't even talk to the agents then the van is going and they are paying the ex a visit to clear the debt.

The debtor might be vulnerable but it doesn't stop them proceeding, especially as he has not yet given proof of his mental health issues in over 2 hours since their arrival.

Padfoot1 · 29/05/2018 13:20

Trying to help the OP with some accurate advice very quickly as they need quick advice I'll make sure I read the whole thread word for word while OP is being hounded next time. Just trying to correct some very poor advice on here. Try helping the OP instead of wasting time picking on my correct advice debt collectors/high court it's still a civil debt

lhastingsmua · 29/05/2018 13:22

In the nicest way possible you both sound like you’re burying your heads in the sand regarding this. Unfortunately his mental health problems won’t automatically write off all his debts - it doesn’t work like that so there’s really no point in pushing this angle further! All it is doing is delaying the inevitable

They’re here now, deal with it now

Instead of barricading himself inside, why doesn’t he go outside and chat to them and explain his situation like a mature adult? I’m the sure the bailiffs are well aware that his van/tools are worth fuck all but are just trying to use it as a bargaining tool. They would much rather prefer a partial payment or a payment plan, can he scrape together any money at all? If not, you say that he is expecting money from the divorce proceedings soon, so can he not allow the bailiffs to take control of his goods for now as a promise to paying the debt once the money comes in? At the very least he could negotiate some form of payment plan?

What good is actually trapping himself inside and hoping that they go away do? His fees will only rise, he’ll only sink further into debt...

BumpowderSneezeonAndSnot · 29/05/2018 13:23

Civil debt yes but this is a high court judgement which is different. Have a read of the link I've just posted.

user139328237 · 29/05/2018 13:23

Its a civil debt but they have the right to take any assets with very few exceptions. In practice they are unlikely to take the van if he was even slightly co-operative as it is unlikely to do much more than cover the costs of removal and sale but if he continues to ignore them they may do so in order to prove their powers.

HeadsDownThumbsUpEveryone · 29/05/2018 13:23

Try helping the OP instead of wasting time picking on my correct advice debt collectors/high court it's still a civil debt

I and others have been offering help to the OP for over an hour now. As is often the case on here some people come in and ignore everything posted on the last 3 pages and think they are helping when the thread has moved on. That's why it is often more useful to read it before offering advice.

Bobbybear10 · 29/05/2018 13:24

Can you get the Ex wife round to the house and your Partner and his ex need to speak together with the officers about how they are planning to pay, what they can pay now etc.

You need the get the ex in on this too ASAP!

Jessbow · 29/05/2018 13:28

Cant believe 2 hours later you are no further on!

Have a think about this....
if his MH needs taking into consideration now, if he's that unwell -can he work? if he cant, you may as well let the van go

If he is well enough to work, show proof of earnings and come to an arrangement. If he is self employed he must have accounts

lhastingsmua · 29/05/2018 13:29

Agreed that @Padfoot1 advice is awful

PennyDreadfull · 29/05/2018 13:36

Padfoot how do you know that they work on commission?

Original poster
namechange3567756 · 29/05/2018 13:40

He is working ft and his wages just cover his overdraft then he's living in it again. He has his dc this week. My dp and his ex aren't on speaking terms and haven't been for a long time now so communication goes through solicitors (hers) or parents.

I've taken his dc out now back to my house so he can talk on the phone to them. With regards to proving his mental health, he's spoken to his surgery who told him he needs to put in writing his consent to share his medical information. The bailiffs were very much like you need to prove it now! He said he could show his medication but written proof would need to be obtained via his gp which can't be done instantly. The ignorance of mental health from the bailiff I spoke to was shocking!

He was trying to explain he needs more time because he's vulnerable to sort out money. He has a crappy van and tools which he needs to work.

He's panicking and it's bloody scary having aggressive men at the door and aggressively speaking to you down the phone. They told me they could take his tools then when I told them it was on the government website that they couldn't if the van or tools were less than £3,500 they back tracked and tried to say that's not what said.

He's basically shitting himself.

OP posts:
ToadOfSadness · 29/05/2018 13:45

My surgery give access to medical records online, you just have to sign up on the website, could he look at doing that to prove his medical issues?

FASH84 · 29/05/2018 13:46

He really should've dealt with this before it escalated to this point. He needs to go out and speak to them, let them see he has no assets if he doesn't and give them the ex wife's address as it is a joint debt. He will achieve nothing by hiding inside. His MH isn't preventing him from working so I doubt they will take it into consideration. He needs to offer something and negotiate a payment plan, they won't just go away.

HeadsDownThumbsUpEveryone · 29/05/2018 13:47

I'm very surprised they are still there, after 2 hours with no co-operation other than talking on the phone.

I think he needs to realise that whether he talks to his ex or not, he has to get in touch with her regarding this issue. I assume he has her phone number otherwise how would he communicate if one of the children was unwell or injured, that wouldn't go through a solicitor or her parents.

BumpowderSneezeonAndSnot · 29/05/2018 13:49

They're probably waiting on the low loader for the van. They won't go without some effort being made to make payment, goods or good evidence by way of bank statements etc payment cannot be made.

UtterlyDesperate · 29/05/2018 13:50

Have you directed him to Bumpowder's link? That will give him all the information he needs.

Unfortunately, having mh issues does not protect you from bailiffs etc: it does mean that the earlier stages are handled more sensitively, which is why, earlier on the thread, I suggested he ring the vulnerable people team of whoever it is that holds the debt. Being vulnerable likewise doesn't alter the reality of a High Court judgement - they are still entitled to carry out the writ, as, from the court's perspective, the vulnerable person has already had time to sort the debt, hence the judgement.

Unfortunately, there are some scum out there who will cite all sorts of disabilities to justify non-payment etc, and as a result, people with genuine issues get a hard time too. But don't blame the bailiffs - blame the scum that only start shouting about their mental health when the bailiffs arrive.

I don't blame him for feeling stressed and intimidated; however, he's doing the right thing talking to them. I am afraid it does sound like they will take goods today, however.

HeadsDownThumbsUpEveryone · 29/05/2018 13:52

They're probably waiting on the low loader for the van

I think you're probably right, I am just amazed that in 2 hours the OPs partner hasn't been out to talk to them about the issue. I imagine they are pretty pissed off regarding the lack of effort to resolve the issue hence why they might appear aggressive.

Original poster
namechange3567756 · 29/05/2018 13:52

It was frustrating because I helped him sit down for hours compiling evidence to fight the case but unfortunately whilst morally the whole thing was a pisstake on their part (the original company in despite) a contract had technically been signed.

I watched as my dp had a mental break down in the latter part of last year and couldn't work for months. He had so much thrown at him from his ex wife and this case and his mental state just couldn't cope with it all. Then he had a nasty bout of proper flu in January which made him bed bound for the best part of 3 weeks and then his gp wanted to test him for Aspergers. In February he picked himself up a bit, shut down his business because he couldn't run it anymore and gained employment. He goes up and down and has been trying to sort things out but it seems to be one thing after another.

Hopefully this will all get sorted.

OP posts:
Original poster
namechange3567756 · 29/05/2018 13:53

Toad he could but his internet is cut off. If he had more time he could come to mine to do it or the library but they want it NOW.

OP posts:
Rocinante1 · 29/05/2018 13:59

They want it now because he's had months to sort it out.

Why do you keep saying he could do this or that if he had more time? He's had months if time. They are at the door now because he hasnt don't any if the things you're saying he could do with time. He just hasn't bothered, and these people want their money.

Maybe this will be the shock he needs to actually act instead of ignoring debt.

CuriousaboutSamphire · 29/05/2018 13:59

Bumpowder Bailiffs do have to give 7 dyas notice, unless there are special circumstances. The law changed a while ago! The link you gave has that in there somewhere, as does the government info

www.gov.uk/your-rights-bailiffs

"Bailiffs must usually give you at least 7 days’ notice of their first visit."

Which is why I asked if he haad recieved the notice and that, if he was 100% honest when he said he ahdn't, he could call the office and ask why they hadn't sent it out!

ShawshanksRedemption · 29/05/2018 14:00

Was there nothing in writing from the GP about his MH when the case was in court?

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