Bailiffs help please

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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.

Can’t you use the internet from your phone and connect to your mobile data hotspot at his house? And go over and get his online medical records if it’s really that important....(newsflash, it’s not. He still has to pay this debt)

Also they would stop being ‘threatening’ if your partner starts to negotiate and explain his circumstances - you say that the bailiffs are being difficult but in reality your partner is being difficult to deal with too surely? Why is he insisting on talking over the phone, considering he can just discuss this with them now?? If he’s expecting money within the next few weeks why can’t he just explain that to the bailiffs? Surely if they come back another day, he would still be in the same financial situation until that money comes through? So it’s better to deal with it now and explain his situation now, then next week/next fortnight etc

Why didn't he just pay the debt? Or make an arrangement to do So?

Don’t open the door. I think a lot of this advice is from people who are making moral judgements as opposed to informed judgement. They can only take items they have access to, right now that’s the van I’m afraid. Regarding value- it’s unclear as to next steps. Tell him not to sign anything in the spot.

I can understand his MH might make talking difficult. Get him to ring a debt advice line now for informed advice.

Oops! Thanks for the correction curious

The court date was only at the beginning of May where he lost the case and he was given 21 days to appeal to I'm surprised they have sent bailiffs just a few days after his appeal notice ended so he hasn't had months to settle it because he was still fighting the case. He didn't hear anything from the court after so hasn't "ignored it" per se and he was going to settle it with his impending divorce settlement (which is just weeks away.)

Thanks for taking it in the spirit it was meant!

It changed in 2016, I think. Mainly from the disclaimer on Can't Pay repeats, but also because I know/work with a couple of certificated enforcement agents. They were glad it came in as it meant most scared and vulnerable people had enough time to sort out what to do - though it does also seem to increase anxiety levels in some and aggression in others!

So he lost the appeal, or didn't appeal at all.
But the day after those 21 days; he should have been on the phone arranging a payment plan.
He didn't do that. There's no excuses. The bailiffs are doing their job and they are not doing anything wrong.

He needs to give them something to get them to go away and five him time to get his settlement. They won't leave with nothing; or if they do, they'll just keep coming back and you'll be going through this again.

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.

You could do it for him, once it is set up he will just need the password.

This is beginning to feel like one of those 'I want help but won't take any suggestions threads' .... I hope something gets sorted out but if nothing is done that people are suggesting it won't have a good outcome.

he was given 21 days to appeal to I'm surprised they have sent bailiffs just a few days after his appeal notice ended the debtor probably sent it up to the High Court immediately. And, to be honest, he has ignored it.

He had 21 days, he decided to leave it for what, 2 -3 months and, instead of contacting the debtor and explaining, trying to work out a compromise, he has just shut the door and kept his fingers crossed.

What is he doing right now ?

Has he let them in and started to talk with them? I hope so, they will be very different once they see him try to get it sorted rather than try to block them!

He was trying to explain he needs more time because he's vulnerable to sort out money.

My god please stop with the ‘vulnerable’ aspect - that doesn’t absolve him from paying his debts nor does that stop him from having a mature conversation today with the bailiffs in regards to a payment plan going forwards. The bailiffs will accept a payment plan or controlled goods agreement - they’re not expecting him to necessarily give them £6k+ now.

Why does he need ‘more time’ to explain his future divorce settlement payment or to arrange a payment plan, when he can do that now? Especially baring in mind how long this whole saga must have gone on for, considering it’s been taken to the high court - he needs to sort this out now

It will cost your partner more money in the long term to A. Continue to ignore the bailiffs and B. Let them take the tools/van as realistically they won’t be worth much, but will cost much more to replace if he has to buy brand new tools

I'm afraid your probably going to have to let them take the van, but if it is a joint debt the wife needs to stump up the money too, even if he agrees to give some back to her eventually because it was in some way his fault, i don't see any other way out of it. the debt should reduce and the settlement might allow him to get some new stuff(second hand obviously).

The judgment given would have specified the sum awarded and said 7 or 14 days to pay. As soon as that time passes it becomes an enforceable judgment.

What has he done between the day he went to court and now? Has he just assumed that because he said he would have money coming that the company it was owed to would take his word for it and wait? He should have been trying to sort this out before it got to a court hearing and then not buried his head in the sand after.

What is he, or you as you are dealing with this for him, to raise any money now? If he is actually getting this divorce settlement imminently can another family member not lend him something in the meantime?

If he is already thousands in debt not including this judgment debt (which in the time wasted today will have increased by another couple of thou) is he actually going to have enough coming to him to cover all his debts and put him back to zero? As if not does he need to be thinking about bankruptcy/ IVA?

Haha you think Don't Pay give the correct advice 😂😂 they have serious bad examples of not following the law you're very naive

I didn’t think they could take work tools or your means of getting to work.

He can say something like

‘Hello, I cant give you anything today and none of my possessions are valuable. However I am expecting to receive my divorce settlement within the next month. Therefore I can pay you £X on X date, and then £X every month to settle this debt’

hes had time to sort out a payment plan though as soon as he lost the case

theres no point sitting there ignoring it hoping it will go away and you should have told him that he needs to sort it before they came knocking

Has no one seem cant pay wont pay. Op you better coming to arangement re the debt. It will need paying back and they can take items. Police wont do anything as they have a legal right to get the money to cover the debt. Mn issues are not relevant in this. You need to arrange how to sort the debt out. Do you have any family, friends who help. Can you arrange large amount with debt collections and then a monthly agreement. Im taking it they high court enforcers. Once they have gone contact cab and talk to them. Good luck.

People with certain mental health conditions don't deal with certain things in the way others do. So yes he is vulnerable, he's not ignoring the debt, he just needs more time to settle it in full with his divorce settlement. He can't set up a payment plan because he had no money. He's in rent arrears and has been borrowing from peter to pay Paul so to speak.

He can't set up a payment plan with no money to pay. Now it looks like they are going to take away his tools to work. It's a catch 22 situation.

theyve escalated it to high court i dont think they have to give notice

even if he offered a fiver a week it would be something to look like hes at least trying

Gabs I've linked to the govenrment info - they do, in normal cases, have to give 7 days notice!

www.gov.uk/your-rights-bailiffs

Yes he can arrange a payment plan as he is expecting money in the future, and as a PP even £5 a month is better than nothing

Sorry Gabs, if you meant they don't have to tell you they are escalating it to the High COurt then obviously you are right, they don't have to tell you that, they just go ahead and do it

With that level owing I would assume most people would escalate the debt!

He has had ample time to have his mental health taken into consideration. Clearly the courts have either disregarded this as not relevant or you are trying to make excuses for him. Either way his MH is not relevant to what is happening today.

You need to help him by telling him to stop hiding and deal with this. They can’t take his van and tools if they’re low value. You’ve been given advice on demonstrating the value of the goods.