Does anyone know what the Baliff's are legally entitled to take?

[SkintGirl66]

Hi I would like to know what they can take legally.

I understand they cannot take cookers and fridges (because you need to eat - right?).

I think they can take washing machines (but I dont have one)

The TV they can take

What about my laptop? - I am self employed and it is my sole method of commmunication in order to earn an income - can they take it?

Some advice about this would be much appreciated.

I plan to call the police when they show up - will the police come?

Thanks
SkintGirl

[mutzi]

Have you previously let them into your property? If not then don't let them in, then they can't take anything. As for your laptop, you're right they can't take it if you require it for your employment.

The police may come if there's likely to be a breach of the peace or anything criminal.

[SkintGirl66]

Hi Mutzi - thanks for replying

Its for a trade debt exceeding £6000:o ! My business has failed so they are going to have to have a high court order? I am guessing so that I will have to let them in?

I will only let them in if they have a high court order though?

I haven't had them round yet, but I live alone and its scaring the hell out of me.

Thanks

[PriorityOne]

I am not too sure of the law on this one, but if I was in your position I would still not let them in until the police were also present. If you have things that you do not want taken, then put them somewhere else, such as with relatives or friends, transfer your car into the name of a relative if you can. They cannot take what you haven't got and what is not there to be taken.

Can you not make an agreement for a debt of £6k? I owe 2 seperate unsecured debts for approx. £5,000 each and pay £20 on both with no interest charges.

[i_spam]

Keep all doors locked even you windows on the 2nd third fourth floor etc. Also approach the door very carefully. I would personally put up a couple of chains on the door in hard to reach places so that they cant stick something through and open it. If they try to force entry then you can defend . If a female is the debtor they have to call the police. If you have a car transfer it into example your mums name . pm me and i will tell you how to and also how to obtain the relevant papers from dvla. Takes approx 2 weeks. Were you self employed or a director ?

[SkintGirl66]

Unfortunately I only became limited in Nov 2006 so all the debt was incurred as me being a sole trader (stupid I know - I wish I had become limited) sooner.

thanks for all the help and support on here, (its made me feel so much better, I think I will actually get a decent nights sleep tonight).

SGx

[blfuk1]

Originally Posted by SkintGirl66

Hi Mutzi - thanks for replying

Its for a trade debt exceeding £6000:o ! My business has failed so they are going to have to have a high court order? I am guessing so that I will have to let them in?

I will only let them in if they have a high court order though?

I haven't had them round yet, but I live alone and its scaring the hell out of me.

Thanks

This will be a High Court writ of Fi Fa and will be executed by an Assistant High Court Enforcement Officer under the Authority of a High Court Enforcement Officer (HCEO) to whom the writ has been directed.

In a writ of fi fa, your goods are 'bound' to the HCEO (this used to be either a Sheriffs Officer or Under Sheriff) from the moment he receives the writ - in other words your goods are his (thoeretically). The Assistant HCEO is much like a bailiff although he does not need to be certificated as the HCEO is personally responsible for his actions and the HCEO is personally appointed by the Lord Chancellor.

HCEO's cannot seize tools, books, vehicles and other items of equipment (such as your lap top) provided they are necessary to you personally for your employment, business or vocation. The 'personally' bit means that if others use the lap top it can be seized.

Aside from these and the obvious basic domestic needs, a HCEO has the right and a duty to seize all and any goods of a judgment debtor.

If you take the advice earlier on this thread and transfer ownership of any goods (such as your car) after the HCEO has received the writ (which we must assume he already has), then it will not work and the car may be seized, as the car and any other of your goods, has been 'bound' to the HCEO from the moment he received the writ.

The best advice I can give is to try to come to an agreement with the Assistant HCEO at the earliest opportunity.

Good luck.

[SkintGirl66]

Thanks blfuk1, The laptop is only used by me, so that's okay, The only thing I think they can take is the telly £150! I don't own a car.

Can they take jewerly? I have my grandmothers engagement ring I wear it always and it is of great sentimental value, it was valued at £600 a few years ago. Can they take it?

Thanks

[PriorityOne]

Don't tell them about it ! They will only know about it if you tell them, so don't. If they come round an do gain entry, slip it from your finger and stuff it in your sock if necessary.

[i_spam]

Even though your company went ltd in november. As long as all your business letters had your business name on them and not ta example:
miss a blogss
bloggs and co ltd then the debt is not yours. Unless you ran it up in your own name !!! Also did you use your home as the trading address ?

[SkintGirl66]

My accountant says they will check when the company was registered at companies house... but we will see, I am not that scared now, as they cant take my laptop and the TV I can replace.

To be honest, its going to cost them more in the long run to take me to court, I have offered them £20.00 per week which they have rejected so really they are idiots in my opinion! They are just trying to scare me I think!!

Oh I traded from my home address.

[i_spam]

personally i think blfuk does not want anybody to know the reality behind what you can do etc. Although he and his sort can do what they want. For obvious reasons i cannot comment on this thread. pm if you really want me to put you out of your misery(tell you how it can be done!)

[Bookworm]

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**Skintgirl, be very careful about pm'ing anyone who says they can "tell you how it's done", yet can not do this openly on forum. I strongly suspect that it is because it involves doing something illegal and would therefore advise great caution. **


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[blfuk1]

Originally Posted by SkintGirl66

Thanks blfuk1, The laptop is only used by me, so that's okay, The only thing I think they can take is the telly £150! I don't own a car.

Can they take jewerly? I have my grandmothers engagement ring I wear it always and it is of great sentimental value, it was valued at £600 a few years ago. Can they take it?

Thanks

They are unlikely to even want to unless it is of great value but will not attempt to take something you are 'wearing' in any event. It will not happen!

[blfuk1]

Originally Posted by i_spam

personally i think blfuk does not want anybody to know the reality behind what you can do etc. Although he and his sort can do what they want. For obvious reasons i cannot comment on this thread. pm if you really want me to put you out of your misery(tell you how it can be done!)

You simply can't accept that anything I say can be genuine. Do you really think that bailiffs will always fail just because a debtor knows what can and can't be done. All I'm trying to do it provide transparency for someone who asked a specific question. All you seem to do is argue every point even though you have little knowledge of the relevant laws.