Jump to content

HELP!!!!! Baliff question


siberian_wolf

Recommended Posts

As many of you know I work within my partners (Jamie) business. Due to the business becoming in debt I haven't been taking a wage and so my bill haven't been paid, although I still told Jmaie and co when they were due and sometimes they would pay and other times they would just ignore it! Although I have tried to pay them I haven't been able to pay the minimum payment :o also tried to write to the company explaining that Iam not taking a wage and am unable to make a payment, hoping for a solution. Now I've had a default come through my door this morning :sweat: from them.

It states that a baliff may come to collect the money owed, but how am I meant to pay them if I have nothing to give. I know that baliffs can hold the right to take things which you own to use as payment. Problem is the only thing that actually belongs to me is my dogs

:cry_smile: :sad_smile: :unsure: :g_sad: :crying: :17: :2: :17: :ran_frown: :verwirrt:

as this is the only thing I own (besides clothes, card making stuff, teddies) does this mean they will take them?

I feel like a really irresponsible owner that I let the debt get to this point but I dont want to loose my babies!!!! Im close to tears now just thinking about it and hoping maybe able to put my mind at rest (sort off anyway).

Please help!!!

Link to comment
Share on other sites

SW... I'm sorry I have no real advice, as I don't live in the UK and am not familiar with their systems. However I would assume a baliff would only take things you own that are of monetary value and (although our dogs have infinite value to us) I wouldn't think the baliff would be interested in taking the dogs.

However, in the mean time, is there anyway that you can get some casual or temporary work just to be able to meet the minimum payments? It's not fair that you aren't getting a wage and can't pay your bills. You need to do what is best for you and your doggies, even if that means taking a temp job elsewhere just to get some cash flow.

Link to comment
Share on other sites

I don't know how things work in the UK, but I would assume they would want tangible items like computers, vehicles, etc. It would make sense to me that taking the dogs would not be a good thing as they would have to provide vet care, food, etc.

Will be saying a prayer for you. Keep your chin up -- we care!

Link to comment
Share on other sites

thanks everyone. Im not bothered if they take other things, just not my boys!

Was looking at JobCentre site earlier but nearly every job there requires certain skill which I don't have. If I can get out sometime, will hopefully go around to the shops and see if any part time work is there. Only prob is all part time work is over weekends here and thats when Im needed most at our shop.

Link to comment
Share on other sites

I wish I could give advice too, but like the others, I've not come across this. I also don't think they would take "live" goods, as stated, what about vet care, animal welfare, etc, I think they take tv, pc, radio's, etc, anything they can auction off to raise the money. I hope you get sorted soon, not a nice thing to have hanging over you when you were only trying to help someone else, cyber hug coming your way & hope a job of some description will jump out at you when out looking. xx

Link to comment
Share on other sites

SW, so sorry to hear about this, I may be able to help, I'm an assistant credit manager and (sorry to say) i instruct bailiffs to recover monies owed to my company so I know what you can and can't do to an extent.

If you want a chat on the phone I can PM you my mobile number but hun, and i'm so sorry, they can take your dogs :(

HUGS

xxxxxxxxxxxx

Link to comment
Share on other sites

SW, so sorry to hear about this, I may be able to help, I'm an assistant credit manager and (sorry to say) i instruct bailiffs to recover monies owed to my company so I know what you can and can't do to an extent.

If you want a chat on the phone I can PM you my mobile number but hun, and i'm so sorry, they can take your dogs :(

HUGS

xxxxxxxxxxxx

Do you have to have good credit rating to consolidate your debt or would it be too late now to do that?

Link to comment
Share on other sites

In order to consolidate your debt, you have to in effect take out another loan, because you've not kept up the repayments, it will affect your credit rating, but at the end of the day - there will be a company somewhere that will lend you the money, BUT the interest rate would be EXTREMELY high.

Have you thought about an IVA?

Link to comment
Share on other sites

Do you have to have good credit rating to consolidate your debt or would it be too late now to do that?

Its never to late if they not been yet a Sarah is right they can take the dogs and i've see it done before now :(

Sell them to your mum,dad,sister or anyone that don't really want them just to make the dogs theres in name only that way you are only there guardian and they cant touch um and if they do the owners can get then back for you ( does that make sence ? )

consolidate your debt is really a bad idea unless there no other way iva is better but am not sure how it will affect your business, if its been as bad as not paying your wages then its hard but you gotta know when to let go :(

Good luck.

Link to comment
Share on other sites

A friend of mine on another forum had the same problem...here is the advice that some girls gave her...i've put xxxx instead of names!

CCCS - this will help you get the longer term sorted out so that this won't happen again. They will makes sure you have enough to pay the vitals first (mortgage, council tax, utilities) and then what's left over gets split between other people (loans, CCs, etc) - and hopefully will stop nay interest you are paying. You'll have a set realistic budget to stick to. I was really scared about talking to someone so I did it all online, however, I have since called them and they are so helpful and non-judgemental.

However, in the short-term I think xxxx is right, give CAB a call for some advice. It's unlikely that the baliffs will come round (it normally just a scare tactic). If they do, however, unless they have the necessary legal papers you DO NOT HAVE TO LET THEM INTO THE HOUSE! There are also rules and regulations about intimidation - so they are not allowed to come at certain times, they are not allowed to try to embarrass you into letting them in by saying the neighbours will find out otherwise, etc. But call CAB and they will be able to help.

--------------------------------------------

keep trying to get hold of the bailiff office....

also, everytime they come to your house they will charge youso please please keep trying to get through to them until you do!

if they do turn up DO NOT LET THEM IN! you dont have to let them in, but they will try everything to get in, "can i use your phone, your loo etc" just say no. if they gain peaceable entry (where you let them in) they can break in next time they visit, so dont let them in. also they can gain access through an open window s shut them.

they also cant take your stuff if you offer money. our baliff wanted 4 grand in 14 days.... we got this down to 200 per month. they get paid more commition the quicker the det is paid.

offer them a payment plan and stick to it or they will charge you again.

---------------------------------------------------------

CCCs is the Consumer Credit Counselling Service. Website is http://www.cccs.co.uk/

---------------------------------------------------------

do the online assessment thing which will set out a complete budget for you. If you do that and you have spare income after paying mortgage, utilities and council tax and food it will suggest a DMP and you'll get sent a pack with all the information, you'll get letters to send to each of the other places that you owe money to and then CCCS will start contacting them to stop the interest.

----------------------------------------------------------

The process I went through was:

1) Filled in online forms

2) Got a recommendation to do an DMP (depending on the situation they may suggest an IVA or bankruptcy)

3) Agreed to the DMP

4) Got sent a pack to fill in some stuff and send to companies I owed to

5) Paid first monthly amount in cash to Post Office

6) Set up direct debit for monthly amount

7) CCCS distribute the money to the people I owe to

8) Yearly budget reviews to check the amount I'm paying is still manageable/whether it can be taken up

It took about two weeks to get the paperwork done. Then a couple of months for those I owed to to stop phoning/sending letters. I sent all letters received to CCCS and they dealt with all the negotiations.

As you can see from my signature I started with nearly 22k of debt and am now down to 15k (at the end of this month). My first set of payments were 120 a month and then went up to 347 when my income went up and next month will go up a bit more.

I've never felt so relieved as when I got the process going. It gave me hope that I would pay it off. It took me a while to get there but my attitude towards money is now more sensible too.

Really, I think you should do the process. Even if your parents help you out this time in a few months time you could be back here again unless you get something sorted for the longer term.

------------------------------------------------

if you have no income after mortgage, utilities, council tax and food then maybe you need to think about bankruptcy? Unless something is going to change dramatically very soon in either income or outgoings? Have you done a budget? Is there anything you can look to cut out? Have you tried the debt thread on moneysavingexpert.co.uk

------------------------------------------------

Well we have money after JUST mortgage, c tax, food and utilities... but I assumed you meant debts such as loans etc as well? Did i misunderstand?

No, not minimum payments, don't include them. You worry about the essentials first - mortgage, council tax, utilities and food.

Any thing you owe after that is what your excess cash goes on - they will try to negotiate this payment for you and once the interest is stopped it will actually be paying off the debt rather than just covering the interest.

So for example after essentials I originally had 120 to cover debt payments - my minimum payments were about 500 a month so it was a drastically reduced amount but the companies excepted it in the short term and stopped interest so that no more debts added up.

-----------------------------------

In terms of the bailiffs - this is your priority I think as:

Can creditors send bailiffs to my house to remove goods?

Bailiffs act on behalf of the courts to collect debts, seize goods or repossess property. There are two main types of bailiffs; private bailiffs, used by the Magistrates Court (principally to collect Council Tax and Fines) and the County Court Bailiffs used to enforce unpaid County Court Judgments.

Private Bailiffs

Private bailiffs are used by the Magistrates Court to collect Council Tax arrears after a Liability Order has been issued, or to collect unpaid Fines. They are also used by the High Court and by the Inland Revenue for unpaid tax. The Inland Revenue does not require a court order and the Bailiff can force entry into your home.

------------------------------------

Some info from CAB on bailiffs:

http://www.adviceguide.org.uk/d_bailiffs.pdf

Some sample letters you may find useful:

http://www.adviceguide.org.uk/d_sample_debt_letters.pdf

Dealing with companies you owe money too:

http://www.adviceguide.org.uk/d_deal...e_money_to.pdf

And some specifics on owing council tax:

http://www.adviceguide.org.uk/d_council_tax_arrears.pdf

------------------------

I know its a lot of info, but i hope some of it may help! - Sarah xxx

Link to comment
Share on other sites

hi SW .... ill try to help as much as poss... this is from memory of a conversation with my ex brother in law on one of my many trips on his boat... ok enough of the chat.. he was a Bailiff.. and i have had chats with him on the do's and dont's cans and cants... first of a baliff unless a Court appointed Bailiff can not enter your private premises with out your consent unless it is a business address..however saying that if you do ask them in rather than deal on door they then do have the right to seize items they see fit ... normally they will do whats know as a walking possesion..

this means that they will agree items with you normally electrical that will be seized .. they dont normally take them there and then ... they will allow you to keep goods so long as debt is being paid.. if you fail they can then enter at any time ( even if you are out ) to seize what is classed as there property..

but before it gets to that and before they turn up ...as any attendance by them will add poss 100 or more to the bill... i suggest you contact them and try to make a reasonable offer of payment or work out a payment plan..

they have to accept any reasonable offer to pay.. all the time you are paying something u are not in default..

ill try to get hold of paul and ask him some more for you.. but rest assured its in the bailiffs best interest to work out a payment deal... they want there money at the end of the day.

goods they will take will not be essential items .. ie; cooker / wash machine etc.. it will be tvs , stereos , jewelery high value goods.. cars are a favourite..

and as as last resort will they seize any of the kids stuff.. unless they are a complete arsehole..

ill see what else i can find out for you

Link to comment
Share on other sites

Thanks to everyone for your help! Added to rep's, apart from Dunc (Soz it wont let me)

Thankfully, I had letter this morning from the comapny who are now dealing with the account and they have given me the option of arranging monthly repayments or all in one so just gotta call them. Luckily no baliff! Gotta go through with how much I will be able to afford and look for some work to get the money in.

Jamie told me I was worrying about nothing but I hate being in debt and as soon as something like a baliff is mentioned I will panic straight away!

Thankyou everyone!!!

Case closed

[ATTACH]791.IPB[/ATTACH]

post-44-1358594198018_thumb.jpg

Link to comment
Share on other sites

awww im glad 2 hear it amy :) ignore jamie lol u didnt no u had no reason 2 wrry bloody men are all the same *hugs* im so happy 4 u :)

MEN ARE ALL THE SAME !!!!! ill remember that next to you beckon me to the chat room ... ill be a typical man who wont listen to a word a women says lol

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...

Important Information

By using this site, you agree to our Terms of Use and Privacy Policy , along with dressing your husky as a unicorn on the first Thursday of each month