A Balliff Solution

[DeRichleau]

There is a certain company which for now must remain un-named that has offered a leasback scheme to protect your goods from the baliff. The promise is as follows... Has anybody had any experience of this sort of company?

 

We offer a safe and simple solution to protect your valuable items from removal by a bailiff, we simply take title (NOT REMOVAL) of your goods and lease them back to you.

Items leased back to you by ourselves under our agreement can not be removed by bailiff's.

Low cost and effective at just £9.95 per month, your valuables including cars, motorcycles, furniture and household goods will be protected from seizure by Bailiff's and Debt Collectors.

We take the title of your goods and then lease them back to you for as long as you want, your goods will never move and you have full use of them.

This is not an insurance policy but we are protecting you from losing your goods in a way that no insurance policy ever could.

I have asked for a copy of their contract and if they reply(???) I will post it here with permission from the site team.

[seanamarts]

To be honest I wouldnt trust strangers with my possessions then pay them for the pleasure. If you want to do this sort of action to safe guard your property then ask a trusted friend or a member of your family, it wont cost you anything then. You wouldnt be able to do this though once a levy has been placed on goods. Also if you are going to fork out for having something like done then you might as well save your money and pay off the debt you owe.

[ploddertom]

I did a bit of research into the site you refer to a few weeks ago. If you are thinking of going ahead I would advise serious caution - all is not quite what it seems. Let's just say anyone could do this and if enough competition came about you would pay £0. It is possible to do what they advertise yourself.

 

PT

[tomtubby]

There is a certain company which for now must remain un-named that has offered a leasback scheme to protect your goods from the baliff. The promise is as follows... Has anybody had any experience of this sort of company?

 

We offer a safe and simple solution to protect your valuable items from removal by a bailiff, we simply take title (NOT REMOVAL) of your goods and lease them back to you.

Items leased back to you by ourselves under our agreement can not be removed by bailiff's.

Low cost and effective at just £9.95 per month, your valuables including cars, motorcycles, furniture and household goods will be protected from seizure by Bailiff's and Debt Collectors.

We take the title of your goods and then lease them back to you for as long as you want, your goods will never move and you have full use of them.

This is not an insurance policy but we are protecting you from losing your goods in a way that no insurance policy ever could.

I have asked for a copy of their contract and if they reply(???) I will post it here with permission from the site team.

 

I had a few enquiries about this a few weeks ago and my first thoughts are as follows:

 

Bailiffs will very likely completely ignore any such claim and still remove goods. Presently, with proof of finance or hire purchase, bailiffs continue to remove cars and I cannot see how a leaseback scheme such as the one being offered would make any difference.

 

However...and this is my main point......what happens if the bailiff does ignore the Leaseback and removes goods. Will the leaseback company take legal action to recover your goods? Who would be responsible for the cost?

[fork-it]

what happens if the bailiff does ignore the Leaseback and removes goods. Will the leaseback company take legal action to recover your goods?

 

Yes. I do this regularly. As landlord of furnished accommodation I recover the replacement cost of the goods plus a handling fee to cover the cost of staff time preparing and serving documents. I always apply a delay so I dont need to ask for the return of the original goods. I prefer to replace them with new ones because betterment is disregarded in cost recovery claims. Furniture levy by bailiffs has become quite rare now, but revoking a WP is more common.

 

Who would be responsible for the cost?

 

Each type of defendant has their MO. HCEOs/uncertificated collectors, The HECO/collector (or his indemnity insurer) pays the replacement costs of the goods. These are quickly settled when they receive the N1. Certificated bailiffs, the costs are recovered from the authority instructing the them that pays. These cases reach Court nearly every time and I have a 100% success rate.

[DeRichleau]

I had a few enquiries about this a few weeks ago and my first thoughts are as follows:

 

Bailiffs will very likely completely ignore any such claim and still remove goods. Presently, with proof of finance or hire purchase, bailiffs continue to remove cars and I cannot see how a leaseback scheme such as the one being offered would make any difference.

 

However...and this is my main point......what happens if the bailiff does ignore the Leaseback and removes goods. Will the leaseback company take legal action to recover your goods? Who would be responsible for the cost?

 

All points noted and thankyou. However for baliffs to try and remove goods that are on lease or HP would constitute theft (wouldn't it?), if they ignore a leasback contract shown to them a phone call to the police might deter them. I also take the point about a freind doing the same for you. There is nothing to stop you forming your own company at a seperate address and leasing back to yourself (might even be tax deductable) In actual fact I have no need of the 'leaseback' services (touch wood) I was just interested in your opinions. Please dont stop now this is interesting (I hope)

[caledfwlch]

You can just do a statutory decleration with a friend or family member for about £10 and thats it. Bailiff might well still try and take goods, but it will be payday for you at court.

 

Selling your goods before a bailiff levy is recognised by the legal system isnt it - even if its a tiny payment - its not like Bankruptcy where the sale can be reversed or ignored etc.

[DeRichleau]

How would you do a statutory declaration, and to whom do you pay the £10-00

[caledfwlch]

How would you do a statutory declaration, and to whom do you pay the £10-00

 

As I understand it a friend or family member does it at a solicitors who charge approx £10. The bailiff experts here will advise if they "work" but legally speaking afaik they should, and if a bailiff ignores it, then he will be seriously out of pocket after court

 

There was a chap on here who had his own company set up which he needed for part time home work he was doing, and he simply sold all his goods to the company and rented it back for a couple of quid a week

 

No law in the land stops you selling stuff to a friend or family member - afaik its only bankruptcy and landlords with a court order for rent arrears that can intefere with a stat dec.

[DeRichleau]

Now then! I am suprised that more people do not know about this. Many thanks. Has anybody else anything to add.

[seanamarts]

You can write your own state declaration as long as it is sworn at a court or solicitors, bare in mind that you cannot do this if a levy has been done on said items

[Ell-enn]

Sample Statutory Declaration

Statutory Declaration.doc

[caledfwlch]

Its certainly massively better than A: selling your worldly goods to some random company (I can just see the fun and games there - what if they decide to triple your "rent"......) and B: forking out £10 a month, insead of a one off fee.

[DeRichleau]

Never thought of that! By the way- the member who leased to himself through his own company-was that effective?

[DeRichleau]

Just had a thought would a creditor or rather could a creditor get round this protection by starting Bankruptcy proceedings? It would be obvious that you had some assetts worth seizing if you had gone to the trouble of protecting them

[caledfwlch]

Just had a thought would a creditor or rather could a creditor get round this protection by starting Bankruptcy proceedings? It would be obvious that you had some assetts worth seizing if you had gone to the trouble of protecting them

 

I wouldn't have thought the Insolvency service could reverse Sales/Assets if it was done before someone else decides to bankrupt you? I seem to recall from another thread, that the IS don't actually have any real authority to reverse such things, unless it can prove they were sold on to protect them before going for bankruptcy, its all just a brass neck [problem].