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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:
MargotMoon · 15/11/2018 18:08

Ring Business Debtline, they are open til 8pm. Ignore advice from other sources such as Citizens Advice website as it will be based on personal debts and the rules can be different

mumto2babyboys · 15/11/2018 18:09

I thought they took cars if the finance is mostly paid off?

charlestonchaplin · 15/11/2018 18:09

Don't let them into your home full stop, court order or not. They can't force their way into a residential property. You don't have to let them in and you shouldn't.

iLoveFoood · 15/11/2018 18:09

They can take anything he owns. If you cannot prove they are yours then they can take them until you do prove.

Usually they will be accommodating if you're willing to pay a lump sum and set up a payment plan each month. They're happy to see you trying

X

iLoveFoood · 15/11/2018 18:10

@billysboy they're bailiffs by the time they come to your house they have a court order to be there :S denying them access will make them call the police and have the police tell you you're wrong to deny access

Judashascomeintosomemoney · 15/11/2018 18:11

Rossendales are definitely bailiffs not just debt collectors, are you certain there has been no court order? Anyway, firstly have you tried contacting Rossendales directly via the website? Might head off a visit. Secondly, anything here that might help? Give them a call....
www.stepchange.org/debt-info/debt-collection/bailiffs-and-debt-collectors-differences.aspx

charlestonchaplin · 15/11/2018 18:12

There is so much wrong information on this thread. I fear you will take the wrong advice and make things worse.

mumto2babyboys · 15/11/2018 18:14

I thought they could take care even if in wives name and on finance. If finance is mostly paid off, how come they do take them on tv

How old is the car op

mumto2babyboys · 15/11/2018 18:15

Cars

GreenTeacup · 15/11/2018 18:15

@ilovefood

They can’t call the police. There is no breach of the peace and they have no right to enter a private premises, they can only enter peacefully. If they try and force entry, they will be illegally breaking and entering. OP is also pregnant.

OP the only time the police can be called is if they have already gained peaceful entry and it is then denied later. Key is not to let them in at all.

iLoveFoood · 15/11/2018 18:16

Very shocked at all the 'lock your doors and windows and video them' angle.

Op and her husband (or just her husband) are in large debts with their business. Aren't we taught debts bring trouble and eventually consequences such as these?

Of course you must co operate with them they are just doing their job and at the end of the day it's the owers fault they are there, nobody else's Hmm

Debts don't care if you were too broke, sick, depressed to pay, these are the consequences and to ignore them will make this problem a lot worse and unfortunately eventually bring higher legal proceedings for example a high court where they can break in.

My advice is to co operate with them, pay as much or little as you can afford up front and set up a reasonable payment plan
Do not video them or ignore them.

TantrumsAndBalloons · 15/11/2018 18:18

They have been to court
They can force entry with a locksmith for a magistrates court fine- I don’t think business rates is this but I’m not sure so you would need to check this
Videoing them makes not one iota of difference
You are not the debtor so technically you are not vulnerable but if they knock and you are there alone they need to leave
The company will set up a pay arrangement if you have no assets to seize. But they don’t just take your word for it that you have no assets Confused
So whilst it can be good advice to say don’t let them in, if you want to negotiate, and you really can’t afford to pay, and you do not have seizable assets that are worth 3 items the amount of the debt you need to actually work with them to get it sent back to the court where you can then set up a sensible payment plan

GreenTeacup · 15/11/2018 18:18

Depends on the type of finance. Some finance is HP where the finance firm retain ownership of the car until it is paid for (why you should always check car is HP clear). Other company’s offer finance that is not secured on the purchased car and the car is legally owners.

iLoveFoood · 15/11/2018 18:19

@GreenTeacup OP Is not 100% sure if there is no court order yet. And often high court orders process without the debtor even knowing. It would be worth following up. If it is with the high court they can gain access to the property without OPs consent. That's why she needs to be very careful and co operate ,

I meant if she calls the police, the police will side with the bailiffs as at the end of the day the debtors are in the wrong.

AdoraBell · 15/11/2018 18:19

Could you move those personal items and anything you don’t want to lose, like your jewellery if it’s sentimental, to your parents or friend’s house tonight? I know it doesn’t solve the problem but at least the things from the grandmother will be safe.

You’ve got some good advice from others, I hope you can get this sorted soon.

mumto2babyboys · 15/11/2018 18:20

@iLoveFoood

Where is your almost Christmas spirit?

and some husbands do let their wives down. He hid it from her

TantrumsAndBalloons · 15/11/2018 18:21

charlestonchaplin

Don't let them into your home full stop, court order or not. They can't force their way into a residential property. You don't have to let them in and you shouldn't

This is not true and you shouldn’t be giving advice that is wrong as the OP might believe it
For a magistrates court fine, once it is confirmed that the debtor lives at the addrsss the bailiff can force entry using a locksmith. Then add the cost of the locksmith to what you already owe
Please stop stating things like facts when it isn’t true

iLoveFoood · 15/11/2018 18:21

@mumto2babyboys I Agree its an awful situation but ignoring it and denying entry or working with them will make matters a lot worse. Also people don't understand if they do have a court order they are entitled to enter the premises with or without OPs consent. As shit as it is, that's the truth Confused

WitchesWeb · 15/11/2018 18:22

There is so much wrong information on this thread. I fear you will take the wrong advice and make things worse.

I agree.

EarlyWalker · 15/11/2018 18:22

For a business rate account to go to Baliffs there would have to be reminders as well as a court summons, if all ignored then it ends up at baliffs.
Firstly, what sort of company is it? A ltd company has exemptions where they cannot come after the owner if the business is in debt. If he’s just a sole trader it’s different.
Are you even liable for business rates? How big is the office? If it’s below a certain size you can apply for business rate relief up to 100% of the price.
Baliffs want to know that you’re trying to pay. Do not let them into a premises and try to arrange a payment plan. But first speak to the LA and see if he should be exempt.

TantrumsAndBalloons · 15/11/2018 18:23

@WitchesWeb ironically the poster worried about this is the one giving the wrong info

mumto2babyboys · 15/11/2018 18:24

I know lots of different opinions

but poor op having this happen while pregnant and just before Xmas

DaisysStew · 15/11/2018 18:25

Don’t ever let them enter your home and do all negotiations over the phone. They can’t remove white goods, furniture or anything that doesn’t belong to the actual debtor (like your jewellery).

Bailiffs will always say they don’t do payment plans but they can. I had my Council tax arrears sent to them and after a month of threats and them not getting any payments they agreed a plan (I emailed over proof of income and my budget to show what I could spare).

GreenTeacup · 15/11/2018 18:25

All bailiffs are appointed by high court and they CANNOT enter unless allowed to do so or entry is peaceful. They can only forcibly enter a commercial premises. It does not matter that the debt is a commercial debt. The debt is a personal one as it is in the Name of the OP’s DP. That is why they cannot take from the commercial premises.