Bailiffs - Help!

[xLulzx]

What items can the Bailiffs take from your House ?

Can they take item's like Built-in Washing Machine ? Built-in Fridge Freezer ? Bed ? Sofa ? etc.

 

[internetspaceships]

Is this business related?

Do you have a limited Company or are you a sole trader?

 

[kulture]

None of that list. Except perhaps the sofa. TVs, radios, CDs DVDs et are all fair game. Built in things, are BUILT IN so cannot be taken, and I doubt that they could take a bed.

The trick is not to let them in.

 

[xLulzx]

Was a Sole Trader, lost his business in County Court to a fraudster! Good Old Rip Off Britain!!!

 

[Charlie B ACS]

This is a handy list of what can't be taken:

http://www.adviceguide.org.uk/engla...tm#things_the_bailiffs_aren't_allowed_to_take

Best advice, as has already been given, is not to let them in, and not to leave any doors or windows open, or unlocked. Once "Peaceful Entry" has happened (Including crawling though an unlocked window) and walking possesion obtained, then they can force entry on their return, as long as the property is left secure.

 

[arcon5]

As asked in previous thread.. Why would a judge award a claimant having had the invoices proved fraudulently? There's more to this than meets the eye. Have the police yet been involved? Has it been appealed?

As to bailiffs visiting... Just tell them to do one and keep all doors and windows locked

 

[tony84]

Anything can be taken unless you can prove its yours.
ie if theres a playstation there, you could say its your kids.

I feel for you, sadly being a sole trader offers very little protection. Its hard work but you could go to court to dispute the money owed.

 

[xLulzx]

As asked in previous thread.. Why would a judge award a claimant having had the invoices proved fraudulently? There's more to this than meets the eye. Have the police yet been involved? Has it been appealed?

As to bailiffs visiting... Just tell them to do one and keep all doors and windows locked

The Fraud was not noticed till after the Judgement was made, as it was in High Court it could not be Appealed, the Judge was all for the Claimant even though official documents were presented to show that he was lying, some of the people who done the bogus bills got cold feet when confronted with the Fraud, he's been told its too late to do anything about the Fraud now as its been over a year or so.

 

[Colin Smith CBP]

I'm sorry to hear you are facing what is a very unpleasant situation. It is precisely to avoid the possibility of this kind of situation that I have always chosen to operate via a limited company.

Not much information to go on here to help you. Obviously a former supplier has obtained judgement against you and has now set the dogs onto you. You seem to be indicating that this isn't right and shouldn't have happened. Did you fight your corner and lose in County Court or was the CCJ a default judgement awarded in your absence? Either way, if you truly believe that this judgement is wrong then you need to either apply to have it set aside or lodge an appeal. There are strict time limits to do this however so hopefully you haven't buried your head in the sand and are still able to do something about it.

Having applied to have the judgement set aside or having lodged an appeal, I would then contact the creditor and get him to call off the dogs pending the outcome of the application/appeal. In the meantime, as other participants in the thread have rightly pointed out, do not let them into your house under any circumstances. When they post a letter through your door, write to them and tell them that any judgement they have obtained is being challenged in court and that you refuse to cooperate with them until after the court ruling. Most of the time, this will lead to the firm of bailiffs suspending action until the case is heard.

 

[xLulzx]

I'm sorry to hear you are facing what is a very unpleasant situation. It is precisely to avoid the possibility of this kind of situation that I have always chosen to operate via a limited company.

Not much information to go on here to help you. Obviously a former supplier has obtained judgement against you and has now set the dogs onto you. You seem to be indicating that this isn't right and shouldn't have happened. Did you fight your corner and lose in County Court or was the CCJ a default judgement awarded in your absence? Either way, if you truly believe that this judgement is wrong then you need to either apply to have it set aside or lodge an appeal. There are strict time limits to do this however so hopefully you haven't buried your head in the sand and are still able to do something about it.

Having applied to have the judgement set aside or having lodged an appeal, I would then contact the creditor and get him to call off the dogs pending the outcome of the application/appeal. In the meantime, as other participants in the thread have rightly pointed out, do not let them into your house under any circumstances. When they post a letter through your door, write to them and tell them that any judgement they have obtained is being challenged in court and that you refuse to cooperate with them until after the court ruling. Most of the time, this will lead to the firm of bailiffs suspending action until the case is heard.

The Claimant was a Tenant and the Defendant was the Landlord, pretty sad that the Tenant can come along and take your Business away from you just like that, I've made previous posts about what happened but I can not post the link up "Legally Robbed .. Advice needed!"

 

[kulture]

Stop fighting the legal system and start using it. Consider Bankruptcy.

 

[xLulzx]

Stop fighting the legal system and start using it. Consider Bankruptcy.

He has considered this, not the root he wanted to take, by doing this he'll lose his home and be made homeless.

 

[kulture]

If he cannot pay the debt, then that is a possibility anyway.

 

[arcon5]

Anything can be taken unless you can prove its yours.
ie if theres a playstation there, you could say its your kids.
.

That's not true, they cannot take items essential to living such as beds, clothes, cooking facilities etc

 

[arcon5]

Stop fighting the legal system and start using it. Consider Bankruptcy.

I read somewhere Debra incurred within 30-90 days of bankruptcy are unlikely to be included as they are considered to have been taken out in anticipation of bankruptcy order........ In reality I'm not sure on the likelihood of this or how in depth they look at the debts and dates so perhaps this could be a point to clarify....

 

[Charlie B ACS]

If there is a house involved, and the OP has income / equity, then an IVA may be a better option than looking over your shoulders for Bailiffs day in & Day out.

Speak to an Insolvency Practitioner, most give a free 1/2 hour consult on the phone. I can recommend Alan Price, who posts frequently on this forum.

 

[QuickHomeBuyers]

You say, a tenant actually stole a landlord's business? I must say, I haven't heard anything like this before so would be interested to hear more.

 

[ITsoldUK]

First thing to do is stop fretting this can be solved, maybe not in the ideal way but the bailiffs are a piece of P%^s to get rid of.

Rule 1. NEVER let them in. Do not answer the door to them, talk to them through the door or ignore them.

Rule 2. NEVER leave a window open, they cannot change the locks (without a court order and police and only then I believe it is for council tax and other enforceable debts. Not private CCJ's...they are only allowed PEACEFUL ACCESS and this includes climbing in OPEN WINDOWS.

Rule 3. IGNORE ALL THE THREATS they pop through your door. They have NO legal right to entry nor to be on your property unless invited. (Assuming you have not let them in....)

Rule 4. Grab a N244 and apply to get this set aside. Never heard so much nonsense about no appeal. It is a CCJ and as such can be challenged.

That is all for now and all of this is gleamed from years of helping a couple of mates who hit hard times.

The key thing is NOT to let them in under ANY circumstances.

After your N244 application is put in motion, speak to the CAB or CCCS and gleam some FACTS not opinions.

Good luck.

 

[xLulzx]

You say, a tenant actually stole a landlord's business? I must say, I haven't heard anything like this before so would be interested to hear more.

The Claimant (The Tenant) went for Harassment after failing to win two previous Court Cases, the Judge ordered that the Business premises be sold off to pay him off.

 

[QuickHomeBuyers]

The Claimant (The Tenant) went for Harassment after failing to win two previous Court Cases, the Judge ordered that the Business premises be sold off to pay him off.

That is very strange, on what grounds did the Tenant claim harassment? As I understand Harassment is a criminal matter, so was any conviction made at the same time?

 

[xLulzx]

If he cannot pay the debt, then that is a possibility anyway.

With a Bankruptcy Order will that mean that the CCJ is no longer enforceable against him ?

 

[ITsoldUK]

With a Bankruptcy Order will that mean that the CCJ is no longer enforceable against him ?

Yes and No.

In effect the CCJ will become SATISFIED however, the debt will go into the list of debtors and the OR will ascertain what assets are in possession and if applicable, deliver payment to this list accordingly.

This list will be prioritised, HMG come first and so on.

No assets = clean slate, no payment to be made etc.

Bear in mind that life insurance, bank accounts etc will need to be surrendered to the OR and EXPLICIT permission/buy out needed to keep/operate.

Discharged after 12 months (normally unless the OR is not complied with or thinks that things have been done deliberately.)

That said, N244 would be my first port of call!

 

[Charlie B ACS]

This list will be prioritised, HMG come first and so on.

No longer true, HMRC lost their preference a number of years ago in the enterprise act.

 

[ITsoldUK]

No longer true, HMRC lost their preference a number of years ago in the enterprise act.

Thanks for the info.

It has been many years since I helped out someone with this ergo some finer points need clarity.

Ta again

 

[ITsoldUK]

One reason I mentioned the N244 there is a point I forgot to mention.

Once the hearing is granted ALL ACTION will be on hold awaiting the judges findings on the set aside hearing.

At the very least, it will buy you some time to get things sorted/seek advice.

There should be a money advice guy at the court who would be able to come in with you and help.

The system is in place so do not ignore it, use it and use it well IMHO.

 

[OldWelshGuy]

Didn't the OP say it was high court? can you serve an N244 on a high court case? Also if that is the case (it being high court) they will likely be high court enforcement officers and not your average bailiff.

Any chance of clarification on this?

 

[ITsoldUK]

Didn't the OP say it was high court? can you serve an N244 on a high court case? Also if that is the case (it being high court) they will likely be high court enforcement officers and not your average bailiff.

Any chance of clarification on this?

You can issue an N244 for High Court CCJs (it moves to HC due to amount) and you have the choice of Master, District or Judge to hear the case.

HC Bailiffs (called enforcement officers and are self employed) are bound by the same restrictions as CC Bailiffs as far as I am aware.

There is a fee for the N244 £65-£70

 

[Charlie B ACS]

Thanks for the info.

It has been many years since I helped out someone with this ergo some finer points need clarity.

Ta again

No problem, it has made life a bit easier without their preference, particularly in corporate insolvency cases.

 

[eventdomain]

Creditors rarely let debts linger, either because of the 'principle of it' or just to send a message - the amount owed has little to do with whether the creditor chases the debtors. If you think about it, companies only get forceful, when 'something in the comms process has gone wrong' and its usually the debtor who has broken off/blocked comms/disputed the debt for a reason.

Most debtors will avoid Court proceedings, as evidence is made clear via any debt agency way before Court action is even considered. Yes, some never pay, but these usually end up on bad debtors credit files somewhere, which no matter the legal outcome, will affect them for many years afterwards, as every instance of loans/requests, applications is recorded on the credit history file.

If the bailiffs have a Court Order, you either pay or end up back in court. This is what happens if you don't pay the man! :

http://www.youtube.com/watch?v=5yZRtrPLDaI

 

[bizrep103]

Speak to an insolvency specialist. You can call Tim Corfield at Griffin and King or his team on 01922 722333, they are very good.
I am sure this is a stressful time for you so my advice would be to remain calm, get professional input and try and deal with things in bite sized chunks so you don't get overwhelmed. Thats not an excuse to procrastinate by the way lol

 

[xLulzx]

That is very strange, on what grounds did the Tenant claim harassment? As I understand Harassment is a criminal matter, so was any conviction made at the same time?

No conviction, it was the other way around the Police where called to the Tenant as he assaulted the Landlord on an inspection for Insurance purposes.