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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:
mumto2babyboys · 15/11/2018 18:46

I used to watch that tv programme on my maternity leave and they took anything of value and forced their way in and even followed people around and clamped their cars as soon as they went into work

You will have a very hard time getting anything back without receipts to prove he doesn't own the property. Police see it as a civil matter

Have you got family you can leave anything of value with now before it's too late. Or safety deposit box for jewellery

Letsmoveondude · 15/11/2018 18:46

No, don’t put your name on the account as liable for the debt. but they can add you as someone who can speak on the account without doing that, I was on my husbands when he was my partner as he would just bury his head in the sand, only chance of it being dealt with was because I could then arrange payment plans etc.

Up to you ofcourse if it’s advice you wish to take or not, but I managed to deal with the issue with a payment plan at a reasonable rate I could afford without the bailiff actually making it to my door.

charlestonchaplin · 15/11/2018 18:46

Bailiffs can force their way in to residential property to collect fines issued by the magistrates' court but the magistrates' court deals with criminal matters so I didn't think it was relevant here. However, it seems failure to pay business rates may eventually be a matter for the magistrates' court so if your case has reached that stage some of my advice is irrelevant to you. I am sorry for causing confusion.

GreenTeacup · 15/11/2018 18:50

I have been there OP. Retail is hard and suppliers and landlords all push for personal guarantees now as so many business Go bust. I was a ltd retail business but closed in January but had massive debts due to all of the personal guarantees. Retail is a vicious cycle.

I didn’t want to give it up as I had worked so hard at it. In hindsight I should have gone two years prior and would have had no debt but I didn’t want to give up. No judgement here. I promise you, once it has gone you will be able to breathe again.

Dumbfounded212121 · 15/11/2018 18:50

No thanks all. Well we have tried payment plan suggestions direct with the council before all this. They just were not interested. I will speak to rossendales tomorrow. They can have the dishwasher if they want.... it's not heating up anyway. Had it repaired 5 times. Not having much luck recently....lol. keep smiling and all that

OP posts:
TantrumsAndBalloons · 15/11/2018 18:51

@dialsMavis it does seem like forever ago but I’m glad things worked out in the end

Notwiththeseknees · 15/11/2018 18:51

There are two things that I can think of that might help. Firstly, does he not get exemption for business rates under the small business rate relief allowance?
Secondly, look on FB, there is a page called Beat the Bailiffs that seem very helpful for people who are involved with bailiffs and they seem to be able to act very quickly.

Dumbfounded212121 · 15/11/2018 18:51

Yes. Thanks green. We will sort it. Just trying to avoid any trouble in front of the kids and nosey neighbours!

OP posts:
CarrotTop6 · 15/11/2018 18:58

OP please join a group on Facebook called - Baliffs, Debts and Bills. You will have to post using your actual profile but Things are kept in confidence (everyone in the group has had or is in debt so no judging)

They will give you some advice, it will help lose the fear of the Baliffs. And also help you plan how to pay the debt back.

Dumbfounded212121 · 15/11/2018 18:59

Thank you

OP posts:
Iaimtomisbehave1 · 15/11/2018 19:10

I really can't believe that a couple with 2 years if council business rates debt decided to have a 4th child...

Your partner needs to pay his debts. Even if that means living on a shoestring.

mikesh909 · 15/11/2018 19:15

Actually maybe they are debt collector not bailiff as no court order.

It's essential that you clarify this. It will make a huge difference one way or another.

www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-Help-with-Dealing-with-Bailiffs-and-Enforcement-Agents-including-HCEO

Can I recommend this forum? You will get excellent advice from knowledgeable people here. I've linked to the subforum on bailiffs / enforcement agents specifically but there are others for debt collectors and other financial / consumer issues.

mumto2babyboys · 15/11/2018 19:16

@Iaimtomisbehave1

Op asked for no judgement and her partner hid it and what a nightmare for anyone just before Xmas

Dumbfounded212121 · 15/11/2018 19:17

Thanks I am. I never said we aren't going to pay it....I have been trying to bloody pay it with a payment plan but no one wants the bloody payplan. We will pay it off. We just want time to do it. They didn't accept our payment plan with a direct debit. We want to pay them. They aren't accepting it and now we have baliffs. We will pay it off in the end so how many kids we have is not really relevant. That is the only issue we have. Everything else is paid. All other business bills. Rent is paid. House bills are paid. The council have just been an arse when we pointed out they are much too high and can't afford that

OP posts:
Dumbfounded212121 · 15/11/2018 19:18

And as I said it is one years. They said it is 2 years but it is not. It's one years. And not even the whole bloody year. They want the whole year up front

OP posts:
Iaimtomisbehave1 · 15/11/2018 19:19

@mumto2babyboys
Her partner didn't hide it. She said they've had a payment plan set up ages ago, but fell behind on payments. She said they've phoned the council many times to ask for more payment plans. She said she has spoken to them herself many times. It wasn't hidden. She knew about the debt... still plans another kid.

The attitude of some people... racking up debt, but carrying on like it doesn't matter. You don't have kids you can't afford. A failing business and a mountain of debt? Don't have more kids.

HellenaHandbasket · 15/11/2018 19:19

🙄

Dumbfounded212121 · 15/11/2018 19:20

And actually I never said he his it from me! I have Said in nearly every single one of my posts that we have tried sorting this from day one...

OP posts:
Furiosa · 15/11/2018 19:22

Iaimtomisbehave1

Thats really great advice. How many other people have you helped travel to the past and prevented their children from existing?

Dumbfounded212121 · 15/11/2018 19:23

Since when did we carry on like it doesn't matter..... We have tried sorting it. We don't live on benefits. I have an income too... it's this one debt that the council actually forced on us when we said we needed help. I hope you never get into trouble. I do everything myself. I don't have family who help. I have never used child care or even a baby sitter. I work hard and I don't complain about it. We have tried to fix it. And the council were not interested. I haven't said we are right not are we wrong. We have been open and honest with the council. What would have been irresponsible is to get into further debt to pay this one off.... We could be in a lot more trouble.

OP posts:
Dumbfounded212121 · 15/11/2018 19:27

I am .... would it have been better to close the co.pany down. Loose everything. Not have an income for some time and get into more debt and make many people redundant with no pay instead...

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AnchorDownDeepBreath · 15/11/2018 19:28

There's been some fairly recent changes to the car on finance rules. It's more complex now and means they can take the car in more situations; so if the car is essential to you, move it now. If they can take it, they will.

Also; move anything in the locked cabinet. It's easier that it's not there than that they seize it and you have to try and get it back.

Finally remember that if you go outside and lock up when they come they are going to put an insane amount of pressure on you to open up because that's how they make their money. Although if you vocalise that you're pregnant, they should be less horrendous as you're vulnerable.

Do keep pushing Rossendales and the council to agree a payment plan. Do you have anything you could pay a slightly bigger payment with to get it started?

Dumbfounded212121 · 15/11/2018 19:29

I will just return dc4 for a refund. This is not going to last forever. I asked for advise and got It. Thank you everyone. I now know that as I have nothing of value they can sort a payment plan which I what we wanted anyway! They will just be difficult. We can sort it. How many kids and help do you get I am I wander?

OP posts:
mikesh909 · 15/11/2018 19:29

Way to make yourself feel superior for your deep pockets, sound financial management and / or restraint on procreation Iaimtomisbehave1.

Seriously OP, try the forum I linked above where people could not care less how many kids you have, know a lot about dealing with debt collectors and bailiffs and will be able to guide you through this ordeal.

Dumbfounded212121 · 15/11/2018 19:31

We have offered to pay £2000 the day they first came and he said I will give you until Friday to raise more funds. He wasn't interested in that £2000. That's some of my savings and some money from the company. We can't get more than that in 3 days without gaining other debt.

OP posts: