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Soulstarr
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Posted: Monday September 18th, 2006 19:00 |
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Knowledgable folks of BNV, what do you know about baillifs and debt collection, etc...?
For instance what can they take and what CAN'T they take?
I've done a bit of research on the net but its all a bit hazy and need it broken down for a friend who's made some, shall we say "questionable" decisions of late.
Can they take anything thats been bought on credit or via hire purchase?
Oh and hows does negotiation work when it comes to bailiffs?
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Kunjufu
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Posted: Monday September 18th, 2006 19:02 |
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| Soulstarr: as far as I know they can take anything within your property unless you can proved it belongs to someone else... That is my understanding, however I would suggest you visit a Citizens Advice office as they can your a better idea of your rights...
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Soulstarr
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Posted: Monday September 18th, 2006 19:20 |
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Kunjufu wrote: Soulstarr: as far as I know they can take anything within your property unless you can proved it belongs to someone else... That is my understanding, however I would suggest you visit a Citizens Advice office as they can your a better idea of your rights...
Thats what I said but you know some folks don't like to listen 
He's adament his car is safe as its on hire purchase and even thought its his name etc, its not fully paid off. But the way i see it, can't they still take it and leave him still obligated to pay it off?
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Incognito
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Posted: Monday September 18th, 2006 19:24 |
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Soulstarr wrote: Knowledgable folks of BNV, what do you know about baillifs and debt collection, etc...?
Apparently it's good work if you can get it
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Kunjufu
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Posted: Monday September 18th, 2006 19:26 |
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Soulstarr wrote:
Thats what I said but you know some folks don't like to listen
He's adament his car is safe as its on hire purchase and even thought its his name etc, its not fully paid off. But the way i see it, can't they still take it and leave him still obligated to pay it off?
I assure you Soulstarr, that if he thinks that he is in for a very rude awaking....the Baliffs can take ANYTHING in order to recover the debt owed.... and in my proffessional experience they usually sell off cheap, regardless of value...
A car, TV or anything else on hire purchase can and will be taken...and sold.. What will happen will be the fact that he will be paying in effect for a car, or TV he does not have... The debt is with him and not the item in question...
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Saida.M
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Posted: Monday September 18th, 2006 19:32 |
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My knowledge of this may be out of date but last known Baliffs cannot enter your home uninvited. That means they cannot barge their way in, nor have they any legal authority to enter.
If they do manage to get a foot in the door they can only take things that are yours - so anything belonging to your boyfriend/spouse/child/chlidren/mother/father etc., cannot be taken.
Apparently if they can look through your window and see 'stuff' they can make an appraisal of the things they see but what else they can do beyond that I'm not sure.
Stuff that are on HP, (do they still do that lol), they can take, but I think it depends on how much you have already paid on the goods. Roughly, if you paid back more then half or three quarters, then the goods are seen as yours. But if for example, you have only just started the repayments, then they will be seen as the property of the lender so they cannot take it.
Hope that helps. 
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Soulstarr
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Posted: Monday September 18th, 2006 19:42 |
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athaba wrote:
Stuff that are on HP, (do they still do that lol), they can take, but I think it depends on how much you have already paid on the goods. Roughly, if you paid back more then half or three quarters, then the goods are seen as yours. But if for example, you have only just started the repayments, then they will be seen as the property of the lender so they cannot take it.
Hope that helps.
Thanks athaba, I'll let him know about this...
thanks @KJ too
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Saida.M
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Posted: Monday September 18th, 2006 19:49 |
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Soulstarr check
http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm#bg6
Seems a very good site
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Black_Power
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Posted: Monday September 18th, 2006 19:58 |
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one of the lads down the gym is a bailiff...damm good job to do!!..nuff monry
BUT ANYWAY does he live with his parents?? if so all he has to say is that he owns nothing in the house..then they cant touch nothing..
just make sure the car is parked NOWHERE nearby.. as they normally search the surrounding streets if they know you own a car and they got the reg plate.
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Backatya
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Posted: Monday September 18th, 2006 20:13 |
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@ Soulstarr
If your friend hopes to rely on the "it's not mine" defence to stop them taking stuff, tell him to make sure he has some solid proof to show that it does not belong to him. The bailiffs are not going to rely on his word alone.
Remember their authority to take stuff is backed by court order and that's a pretty strong piece of authority so your friend best beware as he may be in for a shock when he finds out just exactly what they are able to do.
Don't rely on what is said on message boards either unless you know its from people who know this stuff inside out.
Respect
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Black_Power
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Posted: Monday September 18th, 2006 20:15 |
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or just tell him to pay his damm bill!!
hey why dont you help him out?
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Soulstarr
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Posted: Monday September 18th, 2006 21:18 |
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@BP- Nope he doesn't live with parents. It's a pretty large bill so paying it in one chunk isn't an option. I think he wants to try the negotiation route and see if he can pay it off in installments unless by some miracle, he comes up with the money. And me help pay it of?? With my debts on what I earn?? I wish I had that kinda spare change! I'm just getting as much info as I can for him. He's grateful for that contribution.
@Backatya- Beleve me, BNV isn't the extent of my research lol! Just thought I'd see what anyone else had to say about it. I'm a poor naive student who's never lived away from the family home so never had to deal with this kinda thing. It goes way over my head 
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Dada
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Posted: Monday September 18th, 2006 22:01 |
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From my understanding:
They cannot take essential items, Knives,forks, spoons, bed carpets, ( Unless their silver or persian of course )
If you are self-employed they cannot take your tools. Nor can they take things that have not prospect of resell ( So your family photos are safe ).
The law is mainly about property. I would recommend even when things are bright to simply list all your belongs and than "give" them formally in writting to a trusted friend and them visa a versea so if they were to a take your friends belongings you could call the police on them. OF course such a gift would have been done a number of years ago, not just before your difficulties.
Oh yes and of course you have a joint bank account, so they have no rights to the money inside .
"Money is neither lost or found, simply transfered from one illusion to another"
Gordern Decko,
Wall Street
Last edited on Monday September 18th, 2006 22:04 by Dada
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facetygal
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Posted: Tuesday September 19th, 2006 20:41 |
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| Baldy is right but it goes deeper than that. Basically whoever's name is registered as the owner of the house if they owe money bailiffs will come to the property to take tings, even if the 'owner' of the house doesn't live there ie rented it out. They will serve a 24hr notice then come back and start taking tings. This has happened recently to someone I know, not sure how it's played out but should be getting an update soon.
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LadyDay
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Posted: Saturday September 23rd, 2006 15:55 |
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bailiffs have no legal right to enter your home. if they enter illegally you can have them done for trespassing.
they can obtain a court order i believe.
http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm#bg4
http://www.advicenow.org.uk/go/feature/package_31.html
http://www.debthelpuk.co.uk/law/bailiffs_rightsofentry.htm
Last edited on Saturday September 23rd, 2006 16:04 by LadyDay
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FredB
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Posted: Saturday September 23rd, 2006 16:31 |
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@SS Just to reinforce LadyDay, Dada and finally Kunjufu and others. They can enter your home and take almost everything of re-sell value other than tools etc under the conditions mentioned by Dada. But becareful with these b**tards, because they will trick their way into your property as they have to be allowed in usually.
So don't open the door to anyone don't care if they dress like a lap dancer or inconspicously. I have heard of these guys thinking they are FBI and on some fantasy thing and doing all kinds of sh*t to trick people...
Dada is on the money. They can't sell what is not yours and this goes for big stuff like homes or houses or property and I know this from experience not ballifs but the working of the law.
Your bredrin can sell all his things of value to a close and trusted friend eg you. All you need is a simple bill of sale as record. That is evidence of a legal contract eg offer, consideration and agreement. Done deal and nobody can mess with it. When sh*t is cool you sell or give it back to your bredrin. No actual money has to change hands. I have done it so I know what I am talking about.
The only problem is hiding the money, because if he banks it they can and will find it. So your sick grandma in Jamaica has to come in or something similar. Gave it to your cousin to take back home. They can't prove jack, as long as you don't burst out laughing.
But, please check with the citizen' s advice bureau because the law is forever changing to close loop holes.
Peace.
FB
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The Watcher
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Posted: Saturday September 23rd, 2006 17:15 |
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| If you know they're coming a long time in advance you move your important things to somebody elses house. That's standard.
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blaklikeme
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Posted: Friday November 17th, 2006 19:07 |
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Has your friend tried doing this, www. nationalbankrefund.com it can seriously turn around a bad debt situation..... Even ones with baliffs alreadly involved
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blessingfromgod
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Posted: Sunday November 19th, 2006 22:48 |
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| I saw a program on baliffs and they stated if there is any access to the property, (i.e) open window, they will gain access that way, so beware.
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