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Forgotten business debt - what can the bailiffs do?Business Community Home > Business Law Forum > Non-payments and Debt Forum |
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| Original Message Added : 15 Jun 2012 I have an old business debt that I had forgotten about. I was paying £5 a month to clear the debt. I was a sole trader and the business hasn't been trading for about 3 years now. However, over the last year I had forgetten all about this debt and stopped paying. Today I get a note through the door from a bailiff. I am attempting to make a payment arrangement with them, but what can they take from my home if they decide not to accept it? Thanks |
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| Reply : 15 Jun 2012 I won't go into details but, a bailiff is only a bailiff if he has a court's (or other authorised body's) order against you. It seems they haven't taken you to court, so they don't have the right to come into your home without your permission. If they did try and force their way in, you are free to call the police. There are many online forums which you can search and look for answers e.g. Consumer Action Group. I hope this helps. Thanks, WLC **Any information given here is not to be considered legal advice and should not be relied upon. WLC does not accept any liability to the recipient or any third party for any loss suffered as a result of reliance on the information provided herein.** |
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| Reply : 15 Jun 2012 They have already obtained a court order, once I received the court order, I made a payment arrangement with the company to pay back £5 a month. I am on the highest level of tax credits and the moment, as we have a very low income and a disabled child. We also rent our property from a housing assosciation. The only asset I have is my car which I need for my daughter as we always have to be able to get to the hospital. I'm scared that they can come in, take my car and all our stuff. |
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| Reply : 15 Jun 2012 You also probably have no contract with them. They have no right of access unless you give it to them - or let them assume it. You have to sign to let them take away anything... so don't let them in, don't sign and you can even notice them of your charges (anything you like) if they cone to your property or harrass you. Also try the White Rabbit group on Skype and on Facebook. If you decide not to accept they can't take a thing. |
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| Reply : 16 Jun 2012 - (Edited : 16 Jun 2012) |
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| Reply : 9 Jul 2012 - (Edited : 9 Jul 2012) Also could you answer were you visited in the inital outset by a bailiff when the arrangement was made as he may well of issued a levy of distress which can be put into place for up to 6 years. If this was not the case the bailiff will have to enter the property by what is called peaceful entry this can be by being invited, by walking in through an unlocked door or window or levy against a vehicle on or directly outside the property. If he has entered once he is in he can enter any room in the property by force if required to levy against ur goods. He will usually give you xx amount of address to pay the demise. If you fail a plan or to pay the debt he will return and attempt to make contact with you if this fails he will leave a card and if he wishes has the right to force entry to the property to collect his goods namely the items he has levied against. You need to call asap to address this before the bailiff returns as charges will be added to your debt. It may also be adviseable to obtain a full financial statement of your income and expenditure to validate the reason behind the low level payment. You can get help and advise from the citizens advice or the consumer credit counseling service who details can be found in the front of the yellow pages. Send me a message i can supply a expenditure statement form. |
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