Taking work vehicle

[busybeaver]

Hi all. I'm self employed with a bailiff problem. I owe nearly £700 in council tax from last year and have had a letter from Rossendales.

 

I understand all the stuff about fees and so forth but I'm worried about my little van. I travel to various craft fairs and markets and obviously need my van to get there. It's worth, I would guess around £3000. It is really the only thing of worth related to the business, and its kept parked on my drive. It has the business name on the side and is my only vehicle.

 

So can the bailiff take the van or is it exempt?

[Swoosh84]

Is your business a limited company or are you a sole trader?

[busybeaver]

I'm a sole trader. Does that make a difference? The business is all registered with HMRC & everything.

[Swoosh84]

It does - The debt personally belongs to you and as a sole trader the van also belongs to you. If you were a Ltd company then the van would belong to the company and not yourself so could not be touched.

 

From the sounds of things they may very well be able to take the van. There may be rules regarding taking work 'tools' but this is not my area of expertise, others will no doubt be along shortly with some advice on the personal side of things.

 

J

[busybeaver]

The van is registered and insured for business use.

[i hate bailiffs]

You need to act on this as at this stage £75 has been added to the balance for that letter

Make arrangements to pay what you can afford before bailiff visit as fees are massive

 

Tools of your trade should not be taken clearly business use with the insurance you have

So should be safe

[busybeaver]

^Thanks.

 

I was worried as I read that anything worth over £1350 can be taken, but then I read something else. Its so confusing!

[Conniff]

Anything of any value can be taken. If it's of low value they need lots of things to make the total up. They sell just to cover themselves, so if of greater value you wouldn't get sod all back.

[busybeaver]

Anything of any value can be taken. If it's of low value they need lots of things to make the total up. They sell just to cover themselves, so if of greater value you wouldn't get sod all back.

 

But I thought work goods were exempt? Its so hard to get a straight answer!

[Conniff]

I responded to this post:

 

 

I was worried as I read that anything worth over £1350 can be taken, but then I read something else. Its so confusing!

[ploddertom]

Rather than worry about your van you should be making attempts to pay what is owing, if done at this Compliance Stage the fees added are £75, if you decide to ignore this then you run the risk of a visit which will add £235 plus the chance of the Bailiff making a Controlled Goods Agreement. There is much more to it then simply worrying about your van.

[busybeaver]

I have already spoken to the bailiff he said he wanted £250 per month which I can't afford. I offered £100 per month but he said no. He said the alternative was £500 up front then £100 per month for the balance. I just don't have that money.

 

He then just said he'll be in touch. That was on Thursday.

[josephbloggs]

^Thanks.

 

I was worried as I read that anything worth over £1350 can be taken, but then I read something else. Its so confusing!

 

What you read was quite correct

Reg 4 (1)(a) taking control of goods regs

[busybeaver]

What you read was quite correct

Reg 4 (1)(a) taking control of goods regs

 

Sorry to go on! So if the van was worth £1345, he couldn't take it, but if it was worth £1355 he could?? That's surely a very unfair situation! So what other options do I have other than pay the £250 a month he wants (which I can't afford).

 

Sorry, just worried about maintaining my income!

[ploddertom]

What dates have they given you on the letter from Rossendales?

[busybeaver]

Ok, it says issued 9th jan, it was delivered 14th jan and I phoned him on 15th. It says to pay or make arrangement by 23rd Jan.

[ploddertom]

According to my calculations it is compliant. You can of course make a complaint to the Council that they are not accepting a reasonable payment schedule. The Council may well agree with Rossendales as they will be looking to have this paid by the end of the financial year. To avoid your van being seized or taken then you are going to have to remove it somewhere safe - preferably a friends garage. The chances are if taken & sold it may not even reach enough to satisfy what you owe bearing in mind the costs which will also become payable.

 

Another person worth contacting over your offer is your local Councillor(s) -https://www.writetothem.com/

[lookinforinfo]

Busybeaver when the bailiff said he would be in touch that meant that he would be paying you a visit on or afterthe 23rd. That will incur a further cost of £235 which is what the bailiff wants and will not want to call you in the meantime by phone since that may mean he will lose out on that extra fee.

 

So if you don't want to incur that £235 it will mean that you have to contact either the Council or your local Councillor to hammer out some sort of repayment deal before the 23rd. The sticking point with the Council may be that they prefer to have arrears paid off within that financial year since

they fear that carrying it over to the following year will impinge on thhe ability to pay the following years Council Tax. However you are where you are.

When you contact the Council they will probably try and fob you off and refer you back to the bailiffs. You will have to attempt to resist them on this

pointing out that as you cannot afford to pay £250 up front so definitely cannot afford to pay the extra £235 for a bailiff visit so you do need to

come to an arrangement with the Council as the bailiffs are not being realistic in their demands.

 

If you cannot get them to agree, then you need to contact your local councillor and get them to halt the enforcement until you can get the Council to accept your payment plan. The alternative is to write [or email] the CEO of the Council explaining your situation and making an offer

to clear the arrears-and it would help if you could make a payment at the same time.

[lookinforinfo]

Sorry Ploddertom you beat to it again.

You are right too about moving the van.

[Bailiff Advice]

Sorry to go on! So if the van was worth £1345, he couldn't take it, but if it was worth £1355 he could?? That's surely a very unfair situation! So what other options do I have other than pay the £250 a month he wants (which I can't afford).

 

Sorry, just worried about maintaining my income!

 

Interesting query which I will answer in the morning.