Can a baliff levy a pet

[ladybird74]

Can a baliff levy our pet dog or fish in tank? The tank is registered in my teenagers name as it is his hobby. I dont know who they were yet, but they said they would flush the fish down the loo:eek: if I didnt pay up. Just dont know who owe to or who baliff is yet as too paniked to listen. They asked me what pets we had and I told them. The tank is massive and took two people to deliver it to my son, can they really take it, it is after all my sons.

[fork-it]

Yes they can levy on animals. They cant flush aquarium fish down the loo because the bailiff cannot damage the goods while under his possession. Not sure how a fishtank is registered to someone (I keep aquarium fish). If the tank doesnt belong to the debtot then a letter saying who owns it should be enough, if a bailiff disregards it then he becomes liable for replacing the goods if the goods dont belong to the debtor. I had a case of a tenant leaving behind parking debts and a bailiff took my furniture from the property when a builder working on it left a door open. I ended up replacing all the furniture and charged it all to the bailiff, who eventually paid up a day before the court case was due. The bailiff was disgruntled with having a rather large bill considering he got almost nothing for the old furniture he took from the proeprty.

[kiptower]

levy on animals are only done to breeders and the bailifs know that

 

contact the RSPCA and tell them what you have been told about the pet dog and fish

 

they are trying to scare you into paying

 

and a formal complaint to the bailiffs company

 

and if its Council Tax a complaint to the Councils CEO , detailing what the Baliff told you,

[fork-it]

I find complaining to bailiff companies about a shirty bailiff a complete waste of time. I am BTL landlord specialising in low-income and student accommodation and bailiffs are an occupational hazzard. ive learned to ignore bad tempered bailiffs and vailed threats to seize my car for a tenants debt etc., but always recover financial losses swiftly using legal process.

[ladybird74]

Yes they can levy on animals. They cant flush aquarium fish down the loo because the bailiff cannot damage the goods while under his possession. Not sure how a fishtank is registered to someone (I keep aquarium fish). If the tank doesnt belong to the debtot then a letter saying who owns it should be enough, if a bailiff disregards it then he becomes liable for replacing the goods if the goods dont belong to the debtor. I had a case of a tenant leaving behind parking debts and a bailiff took my furniture from the property when a builder working on it left a door open. I ended up replacing all the furniture and charged it all to the bailiff, who eventually paid up a day before the court case was due. The bailiff was disgruntled with having a rather large bill considering he got almost nothing for the old furniture he took from the proeprty.

 

You know when you get the tank you have to register it with the manufacturer to protect the guarantee of two years. My son did this, so it should prove its his. I did feel they were trying it on with the down the loo bit, but felt panicked at how would I tell my son. Decided not to worry him and make sure guarantee handy in case.

 

So as not a breeder not to worry about them taking pooch and fish, its only an ugly looking cicclid called oscar, we do love him though.

 

Can you imagine them trying to empty a glass tank and take it, it weighs a tonne and nearly did my sons back in lifting it.

 

The dog farts like a trooper and as aged I cant imagine them getting any money for her. Just need not to panick when they say they will take her.

[ploddertom]

From what you say I assume the Bailiff has been in your home. If that is the case he should have left you with some paperwork. This should list who he is, who he works for, the debt he is collecting, the fees he has charged. If this is a case of him having spoken to you on the phone then obviously when he does call do not under any circumstances let him in.

 

As for your debt - are you aware of anything you may be liable for, council tax, parking fines, magistrates fines (tv licence etc) or anything else. The more you know the more prepared you can be.

 

PT

[Thegreenpimpernel]

Is the fish tank warranty registration proof of ownership?

 

I would think so, things given as gifts are legally the recipients property. The warranty / guarantee seems to prove its status.

 

Does anyone know if that cancels the whole levy?, assuming there ever was one (re: Ploddertom's post)

[fork-it]

if ownership is satisfied not to be the debtors then levy stands cancelled. Its common with rental properties and bailiffs levying on landlords chattels. Most of the time its resolved, only the occasional bailiff gets stroppy and starts moving chattels, but its usually their firm that ends up paying for it all because im too lazy to prove ownership until long after the bailiff has disposed of them.

 

never used a warranty card to prove ownership, but I did recover a seized laptop from a rental flat using the till receipt with a serial number. By the time I handed the receipt and ID to police and notified the manufacturer it had been nicked, the laptop had made its way through bailiffs then a Cash Converters outlet and the new owner plugged it into the internet and kaboom! it was traced within minutes! The hapless new owner lost his laptop and probably his money.

[ladybird74]

No not got that far yet. It was a company it turns out threatening me to pay money and came accross as bailiffs. They phoned again and said they were sending the bailiffs around. They kept asking questions did I own the house, no. Do I have a car, no. I was so panicked thought they were bailiffs as they said would take pets and fish down the pan as shouldnt be able to afford to keep them, they said.

 

They probably have done me a favour as it seems they are taking me to court over a loan and I at least can prepare for the bailiffs to arrive at some point, so anotherwords I can calm down. I dont even have carpets, just some old stereos that they can take if they want.

 

I should have known better not to panic after reading this site for so long, just they caught me on the hop as they say.

 

Next time telling them to pee off. They must be desperate to attack the family pets though, maybe they were peed I have nothing else.

[ladybird74]

Is the fish tank warranty registration proof of ownership?

 

I would think so, things given as gifts are legally the recipients property. The warranty / guarantee seems to prove its status.

 

Does anyone know if that cancels the whole levy?, assuming there ever was one (re: Ploddertom's post)

 

Thanks will prepare and keep photocopies of sons documents.

[ploddertom]

If he wants to continue with his plan tell him you will report him to the RSPCA under Sections 1, 2, 3, 4, 9, 18 & 20 where he will be subject to possible fine and imprisonment under Section 32, you will also claim for deprivation under Section 33 and Expenses incurred under Section 44 - all from the Animal Welfare Act 2006.

 

PT

[fork-it]

flush the aquarium fish down the loo, this looks more like loan sharks than bailiffs, no pun intended

[ladybird74]

If he wants to continue with his plan tell him you will report him to the RSPCA under Sections 1, 2, 3, 4, 9, 18 & 20 where he will be subject to possible fine and imprisonment under Section 32, you will also claim for deprivation under Section 33 and Expenses incurred under Section 44 - all from the Animal Welfare Act 2006.

 

PT

 

Thanks they might regret phoning me again:lol:

[ladybird74]

flush the aquarium fish down the loo, this looks more like loan sharks than bailiffs, no pun intended

 

 

:lol::lol: I will remember that one. Seriously my oscar is so big, hed likely jump back up and bite the first bum that sat on that supposed loo.

[ladybird74]

Son has three large tanks actually but wont go near the oscar. Opened the lid one day and he jumped out and scared the hell out of him. It was up to me to pick it up and save it. Son prefers the little ones, but at least cleans them out:lol: