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AIBU?

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Original poster

Bailiffs....I need advice asap please

251 replies

Dumbfounded212121 · 15/11/2018 17:27

Hello all I have and changed for this.

So I'm not far off murdering my dp. Many will say LTB but that's not going to fix my problem for tomorrow. I will deal with him later.

Dp has a debt to do with business however it is in his own personal name. Business rates. The company hasn't been doing very well recently and he has struggled with this and paid as and when he can. The bailiffs have been sent round to his place of work and left a letter saying they will be back to remove goods. Do called the number and said look I can't pay all. Can I pay a bit and set up a payment plan with you. Bailiff said I will give you until Friday (3 days ) to get what you can and if you are lucky we can agree something to let you pay it off by new year. Well we still won't be able to pay it off by then. As the council want the years business rates up front even though we are only a few months in arrears.

So they can't take anything from his work as he has proof the business owns everything not me. This so try as in finance in companies name and business rates in dps name. So the belief said I will come and you can show me your proof but then I will be coming to your house. He has our address. So I have some receipts for the tv and laptop to prove they are mine. But no receipts for anything else.

What can he take.... Can he take the tumble dryer, dishwasher?we have a spare fridge in the garage, sofas? My jewellery? Nothing worth much.

Thanks in advance. I know not aibu. But i am desperate and don't know what to do tomorrow. I'm more worried about the effect on my kids rather than stuff. Please don't bash me or dh. Times have been hard and the council didn't listen when we tried to sort it out before.

OP posts:
BertrandRussell · 15/11/2018 17:39

Usually bailiffs don’t have the ability to arrange payment plans- it’s gone beyond that by the time it gets to them. Did you hear the conversation dh had with them? Have you seen the previous correspondence?

billysboy · 15/11/2018 17:41

do not let them in under any circumstances as once they gained access they have more power
plenty of advice on line

Governoress86 · 15/11/2018 17:42

As far as I am aware they can take anything that is not essential, so to me the dishwasher and tumble dryer is not an essential item. They can not take anything from children's bedrooms however they can search them in case you have stashed stuff in there, they can also take stuff like cars if they are not on finance.

They can not force entry in to your home so don't let them in and they can not take inventory of what you have. I would see CAB for advice.

Governoress86 · 15/11/2018 17:43

They can arrange payment plans and that is from experience , however if it's rossendales, they are assholes. Just be wary of the charges they put on as it can be hefty

Original poster
Dumbfounded212121 · 15/11/2018 17:47

Thanks all. I have checked online but I have got myself in a bit of a state. I only heard the convo about coming back on Friday.

His car is on finance so they can't take that. I don't have a car. I have a receipt to prove I bought our tv and the laptop. But those are not the things I'm worrying about. Actually maybe they are debt collector not bailiff as no court order.

He said we might be able to organise something if so can pay something tomorrow but he can't.

If I don't answer the door surely they will just keep coming back. Do says just let them take what they want. Somethings are our landlords but not much so they can't touch that. Just the cooker and kitchen fridge.

The council didn't listen when we said he was struggling to pay it They just ignored us and then said well there's not a lot we can do. Which I suppose is true. But business rates are stupidly high. And it just isn't fair. We created a business that has done well for a few years now and created jobs for quite a few people. We have never defaulted on anything until this last year and things have gone down hill. You ask for help and advice and then don't get it... it's a bitch.

OP posts:
Original poster
Dumbfounded212121 · 15/11/2018 17:48

Oh my it is rossendales!

OP posts:
GreenTeacup · 15/11/2018 17:49

Have you called the business debtline for advice?

Firstly if the business is not doing well, what is the rateable value of his premises. Is it possible you should have been given a certificate of exemption.

How many months behind are you? Councils normally state a period before it goes to court and bailiffs are appointed. 3 months does not seem like a long time.

Do you have anything that you can offer? You can try and call the council or the court where the bailiffs were appointed and request a means test if your situation is bad.

Why are the rates in his name? Is he a sole trader?

Sorry I am just trying to get an idea of the business set up.

Ignore he is a sole trader, then they would be able to come to your house and take goods. They don’t usually take anything needed for the family, like washing machines and sofas. They will take anything that can raise money in auctions like cars. In general this is hard work as they get paid commission so would much rather you stump up the cash. They will try all of the scary threats to worry you so that you pay.

Remember that they can only forcibly access commercial premises. They can not force their way into you home. Keep doors and windows locked.

If they do come in, they will generally make a list of items to see if it is worth them taking them but again this is a last resort. No matter how heavy handed they are, they will prefer a payment plan and will only remove goods if you fail to keep to the repayments.

Original poster
Dumbfounded212121 · 15/11/2018 17:49

Also I have some things locked away in a filing cabinet. Can they force entry into that? I have some things from my grandmother that I am saving for my daughter when she's older and I would be heartbroken if they took those

OP posts:
UnexpectedItemInShaggingArea · 15/11/2018 17:51
  1. Don't let them in. Ever.
  2. Can you parcel up any valuables and leave them with your mum or someone?
  3. Don't let them in!
EmilyRosiEl · 15/11/2018 17:54

Hi OP,
It's really important that you do NOT let them in and that you phone Citizens Advice as soon as they open.

The Citizens Advice website says

  1. Bailiffs are only allowed to try to come into your home between 6am and 9pm.
  1. You shouldn't let a bailiff into your home - it’s always best to try to sort out your debt by keeping them outside and speaking through the door or over the phone.
  1. Make sure your doors are locked and your windows are closed - bailiffs are allowed to come in through unlocked doors. If you have a porch with a lockable door you should lock this too.
  1. Depending on the kind of debt you owe, the bailiff will sometimes have the right to force entry by asking a locksmith to open your door if you won’t let them in. It’s very unlikely they’ll do this - you should still have the chance to pay without them coming in.
  1. Call 999 if you're being physically threatened by a bailiff - don't let them into your home.
  1. Before you speak to a bailiff, check the extra rules they should follow if you:

are disabled or seriously ill
have mental health problems
have children or are pregnant
are under 18 or over 65
don’t speak or read English well
are in a stressful situation like recent bereavement or unemployment

Nightgremlin · 15/11/2018 17:54

Have PM'd you OP

Original poster
Dumbfounded212121 · 15/11/2018 17:54

Thanks all.

He has a limited company. But for some reason the business rates are in his name at the business address. I don't know why. Not sure why the council didn't say anything.

We had some trouble last year then managed to get back into a payment plan then things got worse and we defaulted again. We did speak to the council and we spoke to the valuation office agency and they started a revaluation but it's not complete yet.

The belief said look I know where you live so you can close the place of business but I will not come to your home and your family are there. This I heard. Even if they took everything I owned it would cover even a third of the debt. They are saying it is £19,000 for 2 years but I do have proof that we have made some payments. I think the rates are about £9,000 ish a year. I need to double check when do gets home. Is it worth putting things like laptop etc in his car and locked as they can't take that?

OP posts:
Original poster
Dumbfounded212121 · 15/11/2018 17:56

Thanks all. Also I have 3 children and am pregnant with number 4. 1 is in school other in nursery am only. Other is still a toddler.

Is it worth just locking everything and going out? Wouldn't they just come back?

OP posts:
GreenTeacup · 15/11/2018 18:00

May I ask what name the lease is in? The company or your husband? If it is in the company name, the council have made a mistake by putting it in the personal name.

WitchesWeb · 15/11/2018 18:01

Is it worth just locking everything and going out? Wouldn't they just come back?

Yes they will come back.

Your DH burying his head in the sand isn't going to make it go away.

You also need to find out if they have already been to court. High Court baliffs have different powers.

Original poster
Dumbfounded212121 · 15/11/2018 18:02

I have just been checking that green and the lease is in his name. If I remember correctly the landlord didn't want it in the company name at the begining as it was new. So yes that's why the rates are in his name. We hopefully have someone who wants to buy the business which would be perfect as we would just pay it then. But that all takes time

OP posts:
Original poster
Dumbfounded212121 · 15/11/2018 18:02

There have not been any court orders. The agency is called rossendales

OP posts:
EmilyRosiEl · 15/11/2018 18:04

Hi OP,

If you are pregnant then I think you are covered by special rules according to citizens advice- so definitely look into that and ask DH to phone to state that you are vulnerable.

Definitely definitely do NOT open the door to them and if you need to then only speak through the letter box to explain that you are pregnant and that any distress that they cause may have consequences for your health and that of the baby.

If you can stay at a friend's or your parent's house for the day tomorrow until 9pm or as late as possible then that sounds like a good idea. Lock all the windows and doors very carefully so that they cannot gain access legally and perhaps take your possessions to a family member's house.

mumto2babyboys · 15/11/2018 18:05

Go and open a safety deposit box tomorrow put everything of sentimental value in it

Then when they come Idk I've only seen it on tv but do not open the door and video them outside and any threats they make

charlestonchaplin · 15/11/2018 18:06

Don't let the bailiffs into your home. They don't want your stuff unless it really high value stuff because it will only fetch a fraction of its value at auction. They want money but they will use the threat of taking your stuff (including low value but sentimental stuff) to force you to pay up.

If they can't hold your stuff hostage they will be more amenable to a payment plan. They definitely can and do set up payment plans. They will only refuse to set up a payment plan if (1) they can get their hands on an asset that will cover all or most of the debt (2) they feel that the asset they have seized is of sufficient importance to you to force you to find the money in one go (3) they get into your home and take possession of your goods but believe you will remove them from the property and default on any payment plan.

Stopping bailiffs getting their hands on your property is the number one way to force them to enter into a payment arrangement. By the way, they cannot remove your vehicles from private property such as a neighbour's driveway.

Bobbybear10 · 15/11/2018 18:06

You need to get on YouTube and watch the videos about bailiffs and how to deal with them.

Do not under any circumstances allow them into your property without a SIGNED court order. The signature must be that of a high court judge not just signed by the company or whoever. If you want to speak to them you make sure someone else is in the house, you step outdoors and you lock the door behind you/have someone lock it from the inside and let you back in once they have gone.

Can you speak to the companies etc that you owe money to and make a payment plan with each?

Unfortunately with it having got as far as Bailiffs I presume that means it has been to court, in which case that was really the time for him to get a payment plan drawn up. Otherwise can he declare himself bankrupt?

There are websites dedicated to dealing with bailiffs so worth a google.

Otherwise be calm and non confrontational but do not take any shit and know that most bailiffs will lie and use reactive sentences to scare you.

tiggerbounce77 · 15/11/2018 18:07

Keep all your doors and windows locked, do not answer the door to them, do not call the police as they will side with the bailiffs. Look up a Facebook page called beat the banks and balliffs

charlestonchaplin · 15/11/2018 18:07

So that means don't let them into your home.

GreenTeacup · 15/11/2018 18:07

If it has not been to court and a liability order has not been granted, then they are no more than debt collectors and have no powers at all. Phone the council and renegotiate with them.

Bobbybear10 · 15/11/2018 18:08

Oh and video them and make it very clear you are doing so.