Bailiffs question

[tony84]

Hi,

Weve just had baili...sorry law enforcement officers around. Its a huge mix up but looks like we will be out of pocket because of it.

My understanding is they cant take tools of the trade. But we live in a pub, they were looking at seizing stock (ie barels, bottles etc etc) are these technically not tools of the trade as without them we have nothing to trade?

Just seemed a bit of a grey area when in debate with the bailiff guy and i was just after a bit of clarification. If there are any links to back this up (either way) it would be appeciated.

 

[i234i]

Speak with member on here "LucyAuty" - Very Good!

 

Hi,

Weve just had baili...sorry law enforcement officers around. Its a huge mix up but looks like we will be out of pocket because of it.

My understanding is they cant take tools of the trade. But we live in a pub, they were looking at seizing stock (ie barels, bottles etc etc) are these technically not tools of the trade as without them we have nothing to trade?

Just seemed a bit of a grey area when in debate with the bailiff guy and i was just after a bit of clarification. If there are any links to back this up (either way) it would be appeciated.

Mix-Up? What kind of mix-up? Do you owe the money or not? Sorry to be blunt but you really need to get it clarified in your own mind and if you think you don't owe the money then you need evidence.

What is the debt for? How much?

Have you signed a Walking Possesion Agreeement?

You can PM me the details if you like, or email me at [email protected] and i will advise you.

Lucy

 

[yorkshirejames]

Hi,

Weve just had baili...sorry law enforcement officers around.

This is important - were they court certified bailiffs? Or debt collectors? In other words, have you been to court (AND lost AND not paid) or not?

 

[tony84]

Weve been to court and lost but Have paid - or believe we have. Long story i will PM you the details when i get a few minutes later on this evening if thats ok.
Not sure what a walking possesion agreement is, but it doesnt sound like something we would agree to.

 

[DaveSUK]

They are not tools of the trade they are stock and can be taken. If your an ecommerce business your PC would be classed as tool of the trade but your stock wouldnt.

 

Weve been to court and lost but Have paid - or believe we have. Long story i will PM you the details when i get a few minutes later on this evening if thats ok.
Not sure what a walking possesion agreement is, but it doesnt sound like something we would agree to.

A Walking Possession Agreement is an inventory the bailiff would have taken of goods.

Do you have proof of payment? Was this after the CCJ registered?

 

[yorkshirejames]

Weve been to court and lost but Have paid - or believe we have. Long story i will PM you the details when i get a few minutes later on this evening if thats ok.
Not sure what a walking possesion agreement is, but it doesnt sound like something we would agree to.

Go for it - I'll try and help if I can.

 

[mcgovern]

they can seize stock, not perishable items

 

[mcgovern]

A Walking Possession Agreement is an inventory the bailiff would have taken of goods.

Do you have proof of payment? Was this after the CCJ registered?

technicaly the walking possesion agreement is not the list of goods written down that would be the notice of seizure, but the walking possesion agreement and the list are in most cases on the same piece of paper,
Tools of the trade can be seized when enforcing income tax, vat and non domestic rates

 

[mcgovern]

beer barrels however can only be taken after the beer has been drunk

 

[DaveSUK]

I am sure the barels remain the property of the supplier and cannot be taken anyway,

Also if the pub is rented of a brewery then effectively everything in it is not legally yours and belongs to the brewery so they can not take it anyway.

With regards to the stock again if its a brewery pub the brewery will have a term in their contract that they retain title until goods are paid for in full So all you would need to do is tell them it's not been paid for

 

[mcgovern]

beer barrels however can only be taken after the beer has been drunk

that qoute was a joke

 

[yorkshirejames]

that qoute was a joke

Yes - but when you're giving advice about a serious matter, it isn't always possible to pick up which bits are serious and which aren't.

 

[mcgovern]

Yes - but when you're giving advice about a serious matter, it isn't always possible to pick up which bits are serious and which aren't.

il make it crystal clear when i am joking in the future

 

[mattbetts]

Agree with other posters - Tools of trade are the things you USE to be able to trade - stock is SOLD.

Good luck!

 

[tony84]

Got an interesting point though, the barrels belong to the brewery concerned whether it be diagio or whoever else.

In all honesty they couldnt take the barrels anyway, you need a winch attached to a lorry, a delivery van you can see tilted when the winch is attached to a barrel pulling it up so a burely man and a transit doesnt quite cut it.

Cheers guys but it looks like this whole issue is coming to an end now and is beig sorted out.