I have two bailiffs on my drive at the momment

[Anthony22]

Two vans just arrived about 1 hour ago,

 

I have not let them in nor spoke with them.

 

I have only asked them to stop harassing us, my wife has just had to have her leg amputated and has had to retire from work due to ill health and she has asked them via a written message to stop harassing a vulnerable person.

 

Having asked them to leave our property they did not and they have stated they are waiting to get a locksmith to gain entry to an outbuilding which is my workplace. This is clearly signed in a company name and contains only materials and equipment for my business.

 

Having not left at our request we have now blocked the entrance to our property with a car.

 

What rights do they have can we park a car on our property anywhere we like!

 

What should we do.

 

Obviously early replies will be appreciated as they are here!!

[alfwithhair]

I think the first thing to establish is WHY are they there?

[ploddertom]

Is this for Council Tax, Business Rates, Parking/Magistrates or High Court?

 

PT

[Cyberprog]

And of course, whose Debt they are chasing - Yours, OH's, or Both?

[Anthony22]

They say they are high court enforcers, look like a private bailiff company.

Edited July 14, 2011 by Anthony22

[Anthony22]

My wife has again just asked them to leave and stop harassing her and told her to stay in the house as they will only deal with the gentleman. I have not given them my name nor responded to them calling my name. Having asked them to leave twice what can we do as my wife is now getting upset. They have been here 2 hours and told her they have a locksmith coming in 5 minutes. Should, if the locksmith attends, I photograph them gaining entrance into an obvious business premesis.

 

Cheers for any advice.

[ploddertom]

Is the debt for personal or business? If for business what stus do you trade under - Sole Trader, Partnership, Ltd etc?

 

PT

[dx100uk]

load of cobberes

 

they cant use a locksmith anyhow

they are bluffing.

 

ask to see i'd

 

and CALL THE POLICE

 

dx

[dx100uk]

oh and photograph them anyway now.

 

have you had court papers about this debt>??

 

did you know they were comingf?

 

dx

[Anthony22]

The locksmith is here and they have called the police. I am a sole trader

[tomtubby]

Given the seriousness of this I have sent you a private message and I will let the moderators know why.

[Anthony22]

Police expected in an hour

Edited July 14, 2011 by Anthony22

[ploddertom]

At the top of the page there is a bar look for the Notifications, click on this and go to Inbox.

 

PT

[brassnecked]

Can the bailiff take a child's musical instrument what age is the child? did the child touch the bailiff trying to retrieve the sax, or as stated the bailiff grabbed the child? in this case the bailiff may well have assaulted your child but he may claim the child assaulted him also to gain police sympathy

[alfwithhair]

To get your PM's go to the top of the page where it says 'notifications'

Click there, it should show new message/s

[tomtubby]

Conversation taking place right now and police are in attendance......

[Cyberprog]

Did you defend the Court Case with the builder? If yes, then you have very little recourse here - you'll continue to be hounded by these people unless you can prove that you don't own any assets that are either of sufficient value, or are protected items, or belong to someone (or a company) else.

If you're a sole trader, they could potentially take any materials you have that are worth anything, but wouldn't be able to take any tools. There are certain protected items for a household also.

[dx100uk]

so how did this pan out?

 

dx

[Anthony22]

Police attended and asked me to give them goods to the equivalent of the judgement. 4 hours later 3 police and 2 bailiffs and locksmith. Ended with police agreeing with bailiffs opened the door before they drilled it. They took exercise equipment belonging to disabled wife and some equipment for my business. Walk in possession on other equipment and a two cars, one does not belong to me other used for transport to work.

 

Police stayed throughout "only to prevent a breach of the peace"

 

Bailiff issued us with a

High court enforcement group ltd notice of seizure removed and inventory

 

Judgement debt

 

Judgement costs

 

Attendance / removal costs £960.00

 

Locksmith £240.00 + VAT

 

Storage TBC

 

Are these fees chargeable the locksmith was not used.

 

Also levied two cars one used to get to work and one registered to someone else and some equipment essential to my work

Edited July 14, 2011 by Anthony22

[Cyberprog]

Did you point out to them the walking possession on the car that didn't belong to you was invalid? And that the car was covered under the tools of trade restraint clause on their actions?

[Anthony22]

Did you point out to them the walking possession on the car that didn't belong to you was invalid? And that the car was covered under the tools of trade restraint clause on their actions?

 

Did, but made no difference still levied

[tinafromeast]

This is awful!! Why do the police help the bailiffs? I know nothing about anything like this. Simply wanted to say how appalling this is:mad2:

 

Bless your hearts. Is your wife OK?

 

Tina x

[Anthony22]

Had some great advice from people on here, you know who you are, thank you!! though feel police are totally unhelpful basically asking us to allow them entry, can anyone comment on fees they think they will charge.

Edited July 14, 2011 by Anthony22

[brassnecked]

Had some great advice from people on hear, you know who you are, thank you!! though feel police are totally unhelpful basically asking us to allow them entry, can anyone comment on fvees they think they will charge.

 

unfortunately the police often forget they are only there to keep the peace and actively assist the bailiff, as you pointed out certain items were exempt from levy, so the whole levy is probably invalid anyway. Others like tomtubby, and ploddertom who have already assisted you will be able to clarify and point your way forward.

[ploddertom]

Sorry to hear this has panned out like this.

 

Going back to the very beginning I assume you knew about the original CCJ? When it wa awarded against you was it a "forthwith" Judgment or did you ask to be able to pay in instalments. If you disputed the Judgment what steps did you take?

 

Your claimant has taken the steps he has as no payment has been received and consequently had the original CCJ transferred up into a High Court Writ. It is normal practice for them just to arrive. I also assume as they have removed goods you were in no position to pay the sums asked for.

 

Thinking about some of the goods that have been removed - the equipment of your wife's was it an aid to her recovery, if so was it provided as such and along with any other items is it on finance. Were any of the goods or material removed from your workplace purchased on account or do you have clear title. The vehicle that is not yours - you must inform the owner immediately and they must file a claim that it belongs to them - they must provide proof of this.

 

Is it possible you can raise the funds to pay this off before your goods may be sold. The difficulty will be the added fees for removal & storage.

 

PT