If I have only goods worth a small fraction of the debt can a bailiff seize them

[Gresham]

I have been told that a bailiff should not take assets unless they are valuable enough to pay off a significant part of the bill. What they should do - I am told - in such a case is write to the creditor saying there are insufficient goods. Is that correct and if so what is the backing/law/legal case for it?

 

A bailiff visited the premises and agreed that payment will be acceptable by the end of July. He insisted on taking a walking possession order. However, there are no assets of any value. About £200 was the estimate of the attending bailiff and assets are worth £400 at the most. The only assets are old/obsolete computers and second-hand desks, and those are necessary for the business.

 

I am led to believe this may be wrong because:

- A bailiff should not take assets unless they are valuable enough to pay off a significant part of the bill.

- Moreover, the cost of removal and sale would be more than the sale value of the assets.

 

 

The fees for walking possession are 100s of pounds.

Is it true that the correct action for the bailiff was to have sent a report to the creditor saying there were insufficient assets to act upon? And as such shouldn't charge fees for walking possession?

 

Grateful for any advice and legal cases as evidence.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/content.php?774-CAG-Newsletter-July-Focus-edition-Reform-of-the-Bailiff-Industry

 

You might find some information in the article linked above. There are some links within the article that will take you to "stikkys" in the main bailiff forums that will also be useful.

 

HTH

[ploddertom]

Can you tell us what the debt is for? How much it is for? Do you have a breakdown of the Bailiff charges? Can you list exactly the goods described on your Notice of Seizure?

 

PT

[Gresham]

The debt is for non-domestic rates.

I don't have the walking levy fees exactly with me, but they are for around £500 twice.

There are no specific items listed on the Notice.

 

 

Thanks for your help

[ploddertom]

The situation with NNDR is very broadly similar to that of Council Tax. !st Visit fee of £24-50 when no levy is made, £18-00 for a 2nd Visit where no levy is made, no matter how many times the come they can charge no more providing no levy is made on your goods. If any goods have been seized and providing the levy is not invalid in some way then the chrges can go quite considerably. Most businesses are used to being ripped off - electric, gas etc - that they think the extra chargs the Bailiff has applied are correct, this is very far from the truth.

 

You first of all need to establish how much you owe, do not believe the Bailiff - he failed is 2+2 exam. Ring the Council and ask:

1 - how many Liability Orders they have

2 - How much each one is for

3 - when they were obtained

4 - what period of time they cover

5 - how much is still outstanding

6 - when they were passed to the Bailiff

Also ask:

a - can they see your account with the Bailiff & if so

b - the dates of any visits

c - the charges they have applied

d - the payments you may have made

e - the contents of any levy

 

When you have these answers you need to write to the Bailiffs and ask for a breakdown of charges they have applied - there will be a sample of what to write in another thread somewhere. When you have them you can then compare both Council & Bailiff stories together.

 

You state "there are no specific items on the NoS". Do I take this to mean they have written something similar to "all goods to satisfy the debt"?

 

PT