Is High Court Judgement

I have a debt which is being collected by a High Court Enforcment company. It is around £1350, and I am paying it off at £50 a month at the moment. I know it will take a couple of years to clear at this rate, so I will be trying to up the payments soon. At the moment however, they appear to be adding about £1 per day interest. So for every monthly £50 I pay them, I am only reducing the balance by £20. Is this level of interest correct?? Also, I have an itemised list of charges for this. There is: Judgement Debt £900 Judgement Costs £147 Execution Costs £100 Interest to date £50 Enforcement fees £200 Is a £200 enforcement fee allowed on top of the £100 execution costs? Thanks in advance!!

No, not been in yet as they called while I was out. I am just getting prepared! Can they charge a van charge for a first visit? I thought it was just the £24.50 they could charge for a first visit????

Thanks Voxter

Also, as there appears to be no way to stop a bailiff entering a business premises, do you have to sign a walking possession if you want to stop the immediate removal of goods or is there an alternative?

Rates. Thanks. In reality do you think a bailiff would force open doors if a realistic payment plan could be offered (for example £100 per week on a £1300 debt).

Can anyone shed some light on how far peaceful entry rights go. For example, in a business premises, if a bailiff enters a reception area (which is open to the public), can they then assume they have gained peaceful entry to the whole building even if all other areas are behind locked doors? Would they have the power to demand that the locked doors were unlocked as they had gained entry to the reception?

Hi All, RESULT!!!! I saw a magistrate at my local court this morning regarding this. Final and definitive answer is that a bailiff cannot take ANY tools of the trade, providing they are for use soley by a sole trader. If the tools are used by other employees, they can be taken, but as I am a sole trader working by myself, they are exempt from seizure. I challenged this by filing a request for a summons against the council under regulations 14 & 15 of the Non Domestic Rating (Collection & Enforcement) (Local Lists) Regs 1989. Thank you everyone for your support and excellent information (from most of you!). I'm now off to file a form 4 complaint against the bailiff himself, as he has knowingly broken the law. Simon

OK. I am going to challenge the bailiff tomorrow, so will post an update tomorrow afternoon as to how I get on (as long as I still have a computer that is!!!) Hopefully some definitive answers will come out of this somewhere! Thanks again to all. This site has given me the confidence to challenge what I believe to be wrong doings by these bailiffs. Will let you know soon!!!!! Simon

I hope that post was not intended for me, as I am quite offended by it. I do have an education and understand what you have said, BUT it is only what you have said, and it goes against everything else on the web. Surely you can see that all we are asking is for some clarification on this from an independant source. I could come on and say anything I wanted, but unless it could be clarified, no-one would believe me would they?

Hiya, I am geuinely grateful for any help, and thank you all for your input. I have a small business, and if i cannot sort this one thing out, i am in danger of ceasing to trade this week. If it is written anywhere what bailiffs can or cannot do, reffering to taking my equipment, I would just like to know where, so I can save my business. So please, could someone tell me if there is such a page anywhere? Yours gratefully Smee

Thanks Robin. I was beginning to think I was the only one who thought tools of the trade were exempt. Even my local council say they can be levied. If the bailiff and my local council have been lying to me, I think they may have a fight in front of them. Simon

Thanks Kermit. From what you say, you seem to be much more reasonable than my chap. In my case, I am a printer and the goods levied include my printing press, platemaker, signmaker, etc. Several thousand pounds worth and I have only one of each due to their cost. Without these I cannot print, hence cannot work. I understand your example with the drill, but in this case I assume my goods would be exempt. In fact I will quote the bailiff - "if you don't pay, we will remove all the goods listed, which will close you down" I take this as a threat and consider this bailiff to be acting illegally. Can they take my goods to "close me down"? I am considering a From 4 complaint against this chap, but not sure if I have sufficient grounds. What do you think? Is he acting illegally?

Thanks for the advice guys. Kermit - can you let me know where I can find details of the tools of the trade rules as you state? As Robin says, everywhere I look says they are exempt, but it is interesting that you as a bailiff and newlyns as a bailiff company, and the council who have a biased interest, are the only three who state it is legal. Do you all know something we dont? Secondly, I have been told that the van fee can only be charged after a levy has been made. Is this true? Thanks again Simon

Thanks Kermit. Do you know how I can appeal against the £300 first visit fee? Both the council and the bailiff say it is "standard industry practise", but does that mean it is legal? I need to challenge it on Tuesday with the bailiff, but I know he will not listen and say I have to pay it or he will remove the goods. Any ideas as to how I should handle that? Also, can you explain to me briefly how the 'tools of the trade' thing works. There are loads of mentions on forums stating that they cannot be taken, but you say they can in this case. Can you tell me how this case differs? Thanks again Simon

Hi, I was wondering if anyone can give me some advice urgently!!! I have a bailiff attending again on Tuesday morning! I am a self employed sole trader working from a small industrial unit. I have been unable to pay my NNDR (Business rates) so the local council applied to the courts and obtained a liablity order against me for just over £1500. They have now instructed Newlyn Bailiffs to collect. They attended on Monday this week with a van to remove goods. I had no choice but to let them in as my front door is always open for customers. They were going to remove goods there and then unless I paid them £400 and signed a walking possession for the balance to be paid a week later They have charged me £300 for the first visit, plus £64 levy fee and £12 walking possession. My questions are: 1. Can they charge £300 for a first visit on this? Some people say they can and others say they cannot. 2. They have listed on the walking possession all of my equipment, meaning if they took it, I would be unable to trade. Can they levy on tools of my trade? I have spoken to the council and the bailiffs office who both say as it is business rates, they can levy on tools of the trade, or how would they ever be able to levy anything in a small business. I desperately need to be able to stop this action - any advice gratefully received! Can the bailiff levy on tools of the trade? The bailiff and the council say they can, but I was always told they cannot. If not, how do I stop the removal? I can raise half of the money, but not all, so the bailiff will be looking to remove goods on Tuesday which will close my business. How can I stop this happening. Thanking you in advance. smee