Bailiffs' Powers - Clarification please?

[Halibutt]

If a CCJ has been awarded against a debtor and for whatever reason, the debtor defaults on payments, what can bailiffs legally remove from property?

 

For instance, if the debtor is living with family or friends, are the family/friends' possessions safe?

 

Can bailiffs only seize property owned by the debtor? If so, what proof is needed of ownership?

 

Government sites also suggest that bailiffs cannot seize anything that is considered "tools of trade" - in other words, if you're a carpenter, they can't swipe your chisels, planes, screwdrivers, etc. as that would deprive you of the means to make a living (and therefore continue paying off debts).

 

In the same way, if you are a journalist, a web designer, graphic designer, photographer, etc. would that mean that also cameras, computers, scanners, etc. would be exempt from seizure?

 

If so, what proof would one need?

 

I'm not in this situation (yet) but I think it would be helpful to get advice on this - for others here as well.

 

Many people worry when DCAs threaten Bailiff action, without knowing that only a court can order such action - and usually then, only due to a default in compliance with a court order.

 

Thanks in advance for any comments.

[Revenant]

Hi Halibutt

 

There's a Bailiff's section on here where I think you'll get all the info you need and more

 

I'll tag this for the Site Team to move across

 

R

[Halibutt]

Thanks Revenant. I was thinking it might be worth having the info here as well - simply because this ties up so closely with many people's worries about threats of bailiff action.

[MARTIN3030]

Not sure if its really a good idea to have the info here since it could confuse members with powers of DCAs.

Will move to Bailiff forum.

[Revenant]

Thanks Revenant. I was thinking it might be worth having the info here as well - simply because this ties up so closely with many people's worries about threats of bailiff action.

 

Ahh ok

Seems a good idea

Why not contact the Site Team explain your thoughts, cancel my idea and maybe they can get someone from the Bailiffs section to pop in instead

R

[MARTIN3030]

Some of the questions answered here;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?107376-What-bailiffs-can-and-cant-do

[Halibutt]

No probs. Well, as it's now here in the Bailiffs section (thanks R & Martin) then any advice would be welcome. When a concensus has been reached, then the relevant advice could be offered elsewhere when needed.

 

I do love the people here. Thanks for all your continuing help

[ploddertom]

If your theory comes into being then all you have to do is ignore the bailiff. There is no law that says you have to speak to or deal with a Bailiff. The County Court Bailiff is quite amenable - he gets paid regardless. If the debt is for more than £600 inc Costs then it can be transferred through the High Court and you will get involved with High Court Enforcement Officers - they are very tenacious and their fees are astronomical but again if you keep doors 7 windows locked, move all external goods and keep any vehicles well away they can do nothing.

 

There are examples of bailiffs seizing work vans and tools within this forum and the owners can have a terrible job getting things back as a lot of the Companys think the laws etc don't apply to them, they will draw things out as long as they can.

 

PT

[Halibutt]

Thanks PT. Something to bear in mind then.