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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:
TantrumsAndBalloons · 15/11/2018 18:26

green teacup you are wrong
Magistrates court fines give the bailiff the power to force entry with a locksmith
Then add the cost of the locksmith to your debt

Conseulabananahammock · 15/11/2018 18:27

Google stop bailiffs now. Theres a company who help with this. They put a hold on the bailiffs ans help find you a solution for your debt issues. Iva, dmp, bankruptcy etc

Conseulabananahammock · 15/11/2018 18:28

Oh and if there are any court fines on there bailiffs can force entry.. whoever said they cant is full of it.
Rossedales are also renowned for being quite bad.

iLoveFoood · 15/11/2018 18:30

@Conseulabananahammock you do realise the high court powers over any organization like that. Often when people think 'it's not complete yet we're still negotiating' behind the scenes the high court have issued the order and they power over all of those organizations.

GreenTeacup · 15/11/2018 18:30

@TantrumsAndBalloons

Not under these circumstance they can’t. Under certain circumstances yes but none of them apply here and they will be breaking the law if they try and force entry.

Original poster
Dumbfounded212121 · 15/11/2018 18:31

Hi sorry I was web shagging with a debt advice line. They said can we see the liability order but we don't have one. It wasn't hidden from me. I have spoken to the council with him and on my own many times and they wouldn't budge on anything. We are not married we love together. So I'm not jointly responsible. I know that. We have tried many times to resolve this but the council wouldn't listen and the valuation office agency have take too long to look at the rates and also wanted a few ofcourse. We didn't busy our heads.we have very much tried to co operate with the council to be moved to department after department. Robbed off and told to just pay which ofcourse we would have done and have done over the years.

OP posts:
charlestonchaplin · 15/11/2018 18:31

Baliffs can only force their way in to commercial premises to remove goods unless you have previously let them in and they have taken walking possession of your goods. Eviction is a different matter altogether

AdoraBell · 15/11/2018 18:32

Daisy another MNer, can’t remember who now, had to hand over her engagement ring for someone else’s debt because she didn’t have proof that she bought it.

That is why I suggested moving anything personal and sentimental out of the home before they arrive tomorrow.

Original poster
Dumbfounded212121 · 15/11/2018 18:33

Oh ffs toilet is blocked now!

OP posts:
Furiosa · 15/11/2018 18:35

web shagging!

EarlyWalker · 15/11/2018 18:35

What type of company is it, op?

Letsmoveondude · 15/11/2018 18:35

Do not, whatever you do let the bailiffs in your home under any circumstances.
Call the bailiff, tell them as it’s a business matter, and not private you want all dealings to be at the business address.

They certainly can arrange a payment plan. And can do so for as long as it will take for you to comfortably pay off, call the council (I think you said it was council tax on the business address?)

Get DH to call them if your name isn’t on the account, get him to add you as someone can speak on the account, then plead with them to provisionally accept a longer payment arrangement than the bailiffs said they could accept. Beg and plead... they can accept a number much less than the bailiffs will, and they can set it up with the bailiffs so you pay them and they pass on the money to the council, but it’s on much fairer terms.

I had a similar situation. A few years ago life was very different for us, DH went bankrupt and all of our shared debts were transferred to me. Brilliant when I had about 40k of debt land on my doorstep, at the same time that I was being evicted because he was shit with money... sorry I’m getting carried away but I did call them in tears after the bailiffs sent a letter telling me I had 2 weeks to find £2k. No chance I could do that at the time. Council tax helped me out massively. They called the bailiffs and told them they had to accept what I could afford.

I wish you the best of luck. PM me if there’s anything I can help with.

Also, before you call the council get your income and expenditure together. Really think about getting DH to take on a part time job on top of his business if he isn’t making enough to cover even his own business costs, or winding down and a full time employed role.

Sometimes it makes the best sense to work for someone else for a bit. We got into tomato of our trouble from self employment, we tweaked a bit, and a few years on, we’re doing much, much better than we could’ve hoped for.

EarlyWalker · 15/11/2018 18:36

Just seen it’s limited company, is his lease with the office provider/ landlord taken out in the name of the limited company or his own personal name?

GreenTeacup · 15/11/2018 18:37

It is entirely possible that the council have outsourced to a bailiff firm and they are acting in the capacity of debt collector not bailiff.

I know of a few councils who did this (I acted in an advisory role with a council who had previously used bailiffs and ended up outsourcing without court orders due to the vile way that the bailiffs acted). You have to be absolutely sure though. Call the council and ask them to confirm and if no court order, negotiate directly. Let them know that you are pregnant and that the bailiffs are making threats that they absolutely have no power to do so.

GreenTeacup · 15/11/2018 18:38

Cover in clingfilm, flush and gently push down! Works every time Smile

Original poster
Dumbfounded212121 · 15/11/2018 18:39

Yes he's hopefully selling the company to someone who can probably turn it around. But that will take time. It's a retail business. I work from home part time. So we do have my income. I am not having my name put on to it. I have no reason to need the debt in my name too! If I see them coming I will go outside and close the door behind me locked. Kids can play in the garden and I will speak to them. I am more concerned that if they did come into the problem are they going to start riffling through everything. Like I said I don't have many valuable things. I'm not a spender! But hey ho. I'm not panicking now really. Just want to fix it. If we can hold off until the company so solved then we will just pay it. But they aren't going to believe that are they!

OP posts:
Original poster
Dumbfounded212121 · 15/11/2018 18:40

Lease is in his name as at the time the landlord didn't want to risk it with a new business.

OP posts:
Original poster
Dumbfounded212121 · 15/11/2018 18:40

Hopefully toilet is ok. Saw something with dosh soap and hot water. Trying that!

OP posts:
mumto2babyboys · 15/11/2018 18:40

Just to be on the safe side. Anything high value remove now

because you are going to have a though time proving he doesn't own them

Original poster
Dumbfounded212121 · 15/11/2018 18:40

Dosh soap? I mean dish soap. A bit of dosh would be good right now!

OP posts:
mumsastudent · 15/11/2018 18:41

op get bucket & place under hot bathwater tap than pour down loo - wont help your debt but will clear that (if its rather full let it go down a bit) ring one of those debt lines or cab

www.gov.uk/your-rights-bailiffs

Original poster
Dumbfounded212121 · 15/11/2018 18:42

Thank you everyone as well. Much appreciated and thanks for not bashing us!

OP posts:
mumto2babyboys · 15/11/2018 18:42

Saw my plumber use a mop and plastic bag around it to unblock it and then charge me

Didn't know that unblocked toilets as have a Saniflow in annex.

Or try lots of boiled water to dissolve it

Original poster
Dumbfounded212121 · 15/11/2018 18:43

And for the toilet advice. Should just stick the head down it instead! No he's had a crap year and tried very hard. I suggested he needs to get a 'normal job after we have not got the company any more. Which he knows is right but doesn't want to admit it yet. I get it. It's hard but he will do what he needs to do

OP posts:
DialsMavis · 15/11/2018 18:46

@TantrumsAndBalloons speaks sense. She talked me down and advised me years ago when I had an unexpected visit from a debt collector.... Feels like a life time ago now!