Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Started a business june 2005 and it wasn't plain sailing. As a result 2006 missed 4 months business rates payments. Trying hard to build the business on one hand and bury my head in the sand on the other. Well it has caught up with me, business is growing stronger and we are now in a position to repay our debts.
We ahve the bailiff coming tomorrow regarding the debt and he has spoke to me today saying he is comming tomorrow for payment in full or will be taking things out of our garage.
Firstly can he take things that are on finance.
secondly can i not come to an arrangement with the council to pay of this debt but in an arrange time schedule like you can with council tax as the bailiff want thye money in full.
Yes you can contact the council directly as the baliffs are acting under their instructions, you can plead your case offer payments to clear the debt but be under no illusion that they will go straight to the baliffs if you miss any payments at all and they will not intervene again.
The outcome will depend on how sympathetic the person is at the other end of the phone and how you plead your case with them I found begging and pleading worked for me.....oh and the threat of enlisting the support of my MP.
Good luck
9/8 - Discovered Consumer Action Group Site
RBOS - Personal Account
10/8 - S.A.R - (Subject Access Request) to RBOS
17/5 - Defence lodged by RBS
24/5 - Court date
21/5 - Offer received
22/5 - Offer rejected
25/5 - New offer received and accepted!!!!!!
MBNA Credit Card
10/8 - S.A.R - (Subject Access Request) to MBNA
Feb 07 Received payment in full...Yeh!!!!
RBOS Business Account
25/5 - May 07 - Statements received
23/7 - Offered received
You little star, thank you for that vrey quick response.
if the council say yes they will agree to a repayment. how do we send the bailiff away will he listen and go away or stand his ground. what if he tries to take equipment
Jo
Bank of Scotland (Business Account) £805.00 March 07
The bailiff can contact the council and receive their instructions directly from them make sure you have a name and contact number for the person you make any agreements with and pass this to the bailiff when they arrive.
These guys are bullies and will use every threat in the book to get your cash, if all else fails let them take a note of the items in your garage while you are sorting this problem out directly with the council and inform the bailiff that you are making arrangements to pay the council direct so they are wasting their time
9/8 - Discovered Consumer Action Group Site
RBOS - Personal Account
10/8 - S.A.R - (Subject Access Request) to RBOS
17/5 - Defence lodged by RBS
24/5 - Court date
21/5 - Offer received
22/5 - Offer rejected
25/5 - New offer received and accepted!!!!!!
MBNA Credit Card
10/8 - S.A.R - (Subject Access Request) to MBNA
Feb 07 Received payment in full...Yeh!!!!
RBOS Business Account
25/5 - May 07 - Statements received
23/7 - Offered received
good luck hope it goes well - contact your local councillor too if the council refuse to accept your offer they can intervene on your behalf.
Look forward to hearing about your success with the bullies!
9/8 - Discovered Consumer Action Group Site
RBOS - Personal Account
10/8 - S.A.R - (Subject Access Request) to RBOS
17/5 - Defence lodged by RBS
24/5 - Court date
21/5 - Offer received
22/5 - Offer rejected
25/5 - New offer received and accepted!!!!!!
MBNA Credit Card
10/8 - S.A.R - (Subject Access Request) to MBNA
Feb 07 Received payment in full...Yeh!!!!
RBOS Business Account
25/5 - May 07 - Statements received
23/7 - Offered received
snowjo, if this is the bailiff's first visit, he should only 'distrain' or 'levy distress'. This means he makes a list of your possessions and their perceived value. If you then fail to comply with whatever agreement is reached, he then has the right to return and remove goods. You should draw his attention to any goods which are the subject of hire purchase or credit agreements. I'm interested in which local authority and which bailiff. If you don't want to post the info, send me a pm.
No, I haven't, but someone who has will drop by to assist you!
Be firm with the bailiff, don't allow him to intimidate you.
Some payment, for whatever you can reasonably afford, should satisfy him and stand you in good stead with the council when you discuss a repayment plan. If it's a cheque, make sure that it will clear!
i thought that if i paid them something then i would be obliged to continue to pay them and the council won't get involved with it, so was avoiding paying them anything
what do you mean someone will drop by am i on web cam ha ha
was going to call into the council 1st thing to discuss it before he comes
Bank of Scotland (Business Account) £805.00 March 07
Hi Snowjo. Many moons ago, we got seriously behind with business rates as well. It got to the bailiff stage and they came in wanting payment etc. They actually turned out to be a pretty decent company and were more than happy to accept a payment plan. It was a lot of money and we had to make the instalments in cash every month, in person to their offices (which were close by) but as we kept to our side of the arrangement, it was all resolved smoohtly. They have to levy goods (we were in a shop and the chap noted stock items, which he knew full well would be sold over the course of the repayment period) but it never got to a 'nasty' stage. Hopefully you'll be fortunate enough to get a reasonable chap as well. I found that by being polite and up front with him, he was the same with us.
As for their charges, well it was so long ago I can't recall how much 'extra' we paid... if only this site was around then!
Good luck
"Some of the biggest men in the United States, in the field of commerce and manufacturing, are afraid of something.
They know that there is a power somewhere so organised, so subtle, so watchful, so interlocked, so complete, so pervasive, that they had better not speak above their breath when they speak in condemnation of it."
Woodrow Wilson, President of the United States.
Change the US for the U K... do you think he meant CAG?!
Snowjo how did you get on???? Sorry the council were not too helpfull...
9/8 - Discovered Consumer Action Group Site
RBOS - Personal Account
10/8 - S.A.R - (Subject Access Request) to RBOS
17/5 - Defence lodged by RBS
24/5 - Court date
21/5 - Offer received
22/5 - Offer rejected
25/5 - New offer received and accepted!!!!!!
MBNA Credit Card
10/8 - S.A.R - (Subject Access Request) to MBNA
Feb 07 Received payment in full...Yeh!!!!
RBOS Business Account
25/5 - May 07 - Statements received
23/7 - Offered received
really bad day for me, was so upset. any way got up today and feel much better.
Yesterday went to council 1st thing, to be told once gone to bailiff cannot be taken back, bu they would speak to the bailiff to make some arrangement of repayment for us,(because the bailiff wanted all money up front or he would start taking out of our business..
Lady from council rung me back after our meeting to inform me, because last week you told the bailiff you would pay him a £1000. but on the day only had £700. there was no way she could intervene. Now that was the case, we did only have £700. but the bailiff ung before he came and i told him that we had only £700. and so he did'nt turn up. She didn't want to know.
Bailiff turned up that afternoon, peeed off that i had been to the council andwas now demanding the full amount or else was taking everything. i eventually gave him £1000. and he is now coming back next week for the full amount or else.
Sorry i didnt post anything last night, i sleep when stressed.
Better day today........ can't say to much but i think my knight in shining armour has just appeared..
i WANT TO PAY but buried my head in the sand
BUT WONT BE BULLIED ANYMORE
snowjo
Bank of Scotland (Business Account) £805.00 March 07