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.

So he hasn't given the court proof of having MH issues, just his verbal say-so. If he was using that in any way of a defence, he should have not waited for the court to ask but got a letter from the GP/NHS.

What about the divorce settlement? Any paperwork on that?

If I were him, I would remove any sentimental items and other important items to a place of safety.

Why? They are not interested in taking an old laptop, a tv or sentimental bits and pieces as this is not going to be anywhere near the total amount of the debt.

Your best course is to let them in and agree a monthly payment plan.

This is what about 30 other people myself included have advised him to do, just how many people need to explain this is the only way to resolve the issue before he/you listen?

So why did he take out a loan? If he couldn't work due to illness why would he not claim benefits. And with regard to the first issue was it he signed a contract to have work done that he then said wasn't up to scratch? How long ago was this?

The items he removes won't be put back into the property. His van's head gasket has gone and it's leaking oil so it's really not worth anything.

I'm sure they could rustle up £6 k worth of stuff from his flat but least it won't be stuff he cares about iyswim. His laptop is ancient and he rarely uses it because he doesn't do technology. He has a mobile and that's all in the technology sense. No game consoles or anything.

He wasn't entitled to any benefits.

I'm sure they could rustle up £6 k worth of stuff from his flat

It doesn't need to be £6k worth of stuff it needs to realistically be £12K + worth of stuff as its going to be sold at auction for a small fraction of its face value.

Right. I'm really sorry but I'm heading out for an appointment in a minute so don't have a lot of time. The best thing you or he can do right now is join a group on Facebook called "bailiff debt and bills" and get advice right now.

Bailiffs, even from the high court, cannot force entry unless it's for a business debt or they're evicting you. They also can't seize goods unless the goods they can take will cover the ENTIRE amount of the debt.

Please join the group I have mentioned above; the admin on there are very knowledgeable and I promise will be able to give the correct advice on how to deal with this.

At the end of the day, they cannot have what you haven't got to give.

How can he not have been entitled to any benefits if he wasn't working due to ill health?

Without going into detail to out myself he didn't have work done (such as building work for instance) that wasn't up to scratch. It was more a service that was supposed to have been provided but wasn't fully and lied about what they actually fulfilled etc. Complicated but I really can't say more to out myself.

Did he get information about which company they are from? He would be better off phoning the head office and trying to come to an agreement over the phone rather than waiting for the bailiffs to come back to the property.

Sweeny you tell me 🤷🏼‍♀️ He has no dependents living with him and he's classed as a single man living alone so no benefits. He did go to the benefits department though but they said he wasn't entitled to anything.

I doubt if there is anything there that will be worth 6k at auction, where domestic items only get a fraction of their retail cost. They will only take things that have real value. No one will buy a TV or kitchen appliances.

Mother yes I have repeatedly said that and 30 people can still say the same thing about setting up a payment plan and I can still repeat that he has 0 money to do so.

Mars thank you I will look at that fb group. Is it something my fb friends will see I am on though if I comment?

30 people can still say the same thing about setting up a payment plan and I can still repeat that he has 0 money to do so.

Nobody who is working has no money. It might be poorly managed money but how can he live in a house or eat food if he has no money? He gets paid wages and therefore he can use some of this as part of the payment plan.

He lives in his overdraft. He is in rent arrears and I mostly feed him

Absolutely not; the only people that will see anything are members of the group. Posts are not visible to non members. You will need to tell them all the details though so they know best how to advise you. Best of luck.

Thank you

He lives in his overdraft. He is in rent arrears and I mostly feed him

Then he needs the help of an agency like step change. If the situation is this dire then he needs to talk to the bailiffs they will see if he is really living in poverty and take that into consideration, they are not heartless monsters.

He does need to resolve the amount of red he is in though, if he continues to bury his head in the sand without proper support he will just have another bailiff at his door next month.

Nobody who is working has no money. It might be poorly managed money but how can he live in a house or eat food if he has no money? He gets paid wages and therefore he can use some of this as part of the payment plan.

^^
This

Of course he must have some money coming in. I don't know about the debt with regard to the company but taking out a loan and not paying it back shows bad money management. And the whole divorce settlement sounds wishy washy as well. Has it been agreed in writing, where is it coming from, how can you be sure when he will receive it?

High court officials have a LOT of powers (for future reference - watch 'Can't pay, we'll take it away')

They're looking to recover the funds, they initially ask for full payment, then if not possible they'll consider a down payment and a payment plan. They'll only move onto the removal of goods if there's no cash to take from anywhere.

They'll remove any vehicles that aren't on finance and worth more than the cost of removal.

They'll take any tools whether necessary for work or not. They'll take any electronics that'll raise funds at auction. Any jewellery, designer kit, antiques etc. Anything of value that can be sold.

The only way he can get out of this completely is to petition for bankruptcy. This costs £680 but wipes out all debts. It'll decimate his credit score but may be necessary to wipe the slate and start again.

He is paying the loan back. It was set up at the time where he has to pay back x amount a month. All his outgoings are essential such as rent, utilities, council tax etc. He can't turn around to the bailiffs and say ok I won't pay the bank back their loan so I can pay you. Otherwise he'll have the back on his back too.

It is very possible to be working ft and living in your overdraft. When he gets paid the overdraft reduces then he's into it again. It's a vicious circle.

The only way he can get out of this completely is to petition for bankruptcy.

I'm beginning to think this is probably the way he needs to go if his incomings each month still mean he is drowning in his overdraft to the extent he cannot afford to feed himself.

However I believe the writ will still be active until the bankruptcy is finalised and I am not sure how this would work with the supposed settlement he is going to receive so it might not be such a good resolution.