What can a Bailiff take
Nothing, if you don’t let him in (careful with your car, remember)
If you let him in, he can take:
- Goods that belong to you personally, and
- Jointly owned goods, sell them (cheaply at auction) and pay half the proceeds to your co owner.
What can't a Bailiff take
A Bailiff can't take:
- Goods belonging to a 3rd party.
- Goods on finance.
- Fixtures and fittings.
- Clothing (this may not apply in the case of designer clothes).
- Bedding and basic household equipment (dishwashers, dryers etc are not regarded as basic).
- Business necessities and tools if required for work.
- Children’s toys and belongings.
So, it maybe doesn’t sound too bad.
Not so simple though
- The Bailiff is there, he does this every day. He has total control.
- He wanders through your house with his list, levying up on your possessions.
- Here’s the thing: you are in an absolute panic, you aren’t thinking straight.
- Your possessions aren’t your own anymore and they are about to walk out the door. Once he has levied, your possessions belong to the court.
- If a 3rd party owns the goods, you have to prove it. He won’t believe you, so you need conclusive proof now.
- If you have more than one source of income, then he can still take your tools and business necessities.
- If you have two of anything essential, he will take one of them. He will take the best one.
- DVD players etc are not regarded as essentials, but are regarded as luxuries.
He will take the best of everything and leave only the absolute basics.
He will take goods to the value of 10 x the debt and fees.
Payment by instalments
Bailiffs don’t negotiate. They want it all and they want it now. They want to levy on your possessions. They want to increase Bailiff fees. They are self-employed and earn a living from commission, remember.
You need to get the warrant suspended.
This gives you breathing space. Now he cannot take your possessions. The law prohibits it once you have made your application and until the Court decides whether or not to suspend the warrant.
This gives you a chance to negotiate with your creditor.
Make an arrangement with them and then make sure that you stick to it.
We are not here to help you with your debts. You should either pay them or seek legal advice.
We don’t get involved in negotiating with your creditors.
We don’t give legal advice.
What we do is we help you to stop the Bailiff, legally, by providing you with the documents you will need at each stage of the process.
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