can bailiffs levy on my car if needed for work?

Icondetail

I am expecting a visit from the bailiffs in the next few days. After trawling through the forums on here and following various links i am aware that under no circumstances should i allow the bailiffs to enter my home and that they have no right to break in. I am aware they can lie to gain entry but not use force. It is not an offence to remove or hide goods before the bailiffs first arrive, however they can return at any time to try to catch me out and gain peaceful entry. This is not a problem as i have already stripped the house bare and the goods will not be returning as i am moving in with my OH (although not before i arrange my bankruptcy)(not for this debt btw)

The debt is a ccj for £1500 for which my repayment proposal was rejected and i was ordered to pay in full (even though at the time i was unemployed and had the grand total of £64.30 a week to live on)

I became self employed as of April this year as a mobile valeter, therefore i cannot trade without my transport.

The bailiff will not be gaining peaceful entry. end of.

However, is he able to levy on my car (It is registered in my name and i can hide it but it is not exactly inconspicuous wherever it is due to it being a big red shiny advert for my business) even though without it i would not be able to trade? Or can he nab it anyway but would have to give it back?

I have found the following info on a link from here but i am unsure which type of bailiff i am dealing with

Are there any goods that the bailiff cannot seize?


Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

• tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
• clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

• clothing, beds and bedding tools of the trade
• basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.

Also does it matter how long i have had the business as to whether the car is fair game or not(history of the business below)


I originally started the business in april 2008 and ran it for a year alongside my full time job. i was then made redundant from my main job so did not trade for the next financial year as the f.t job was subsidising the new business (consumables etc) and i could no longer afford it. However i never cancelled my self employed status and carried on paying class 4 n.i.c. The same business was re-started up in april this year on a full time basis.

Hope theres enough info in there. Thanks

fermi

http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters#Vehicles_and_Assets_Required_for_Your_Business

Hopefully useful......

Herbie21

Icondetail wrote: »

I am expecting a visit from the bailiffs in the next few days. After trawling through the forums on here and following various links i am aware that under no circumstances should i allow the bailiffs to enter my home and that they have no right to break in. I am aware they can lie to gain entry but not use force. It is not an offence to remove or hide goods before the bailiffs first arrive, however they can return at any time to try to catch me out and gain peaceful entry. This is not a problem as i have already stripped the house bare and the goods will not be returning as i am moving in with my OH (although not before i arrange my bankruptcy)(not for this debt btw)

The debt is a ccj for £1500 for which my repayment proposal was rejected and i was ordered to pay in full (even though at the time i was unemployed and had the grand total of £64.30 a week to live on)

I became self employed as of April this year as a mobile valeter, therefore i cannot trade without my transport.

The bailiff will not be gaining peaceful entry. end of.

However, is he able to levy on my car (It is registered in my name and i can hide it but it is not exactly inconspicuous wherever it is due to it being a big red shiny advert for my business) even though without it i would not be able to trade? Or can he nab it anyway but would have to give it back?

I have found the following info on a link from here but i am unsure which type of bailiff i am dealing with

Are there any goods that the bailiff cannot seize?


Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

• tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
• clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

• clothing, beds and bedding tools of the trade
• basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.

Also does it matter how long i have had the business as to whether the car is fair game or not(history of the business below)


I originally started the business in april 2008 and ran it for a year alongside my full time job. i was then made redundant from my main job so did not trade for the next financial year as the f.t job was subsidising the new business (consumables etc) and i could no longer afford it. However i never cancelled my self employed status and carried on paying class 4 n.i.c. The same business was re-started up in april this year on a full time basis.

Hope theres enough info in there. Thanks

You say that the vehicle is a "big red shiny advert" for your business. I am therefore assuming that it has signage to advertise your business. If so, then the vehicle is clearly "exempt from seizure".

It is important to be aware that a bailiff can charge a fee of £24.50 for "attending to levy (where no levy was made). Therefore UNLESS the bailiff is able to levy upon goods, he will earn very little money. First and second visit fees are nearly always retained by the company.

For the bailiff to earn any money at all he will be looking to be able to apply a "levy fee" and very quickly followed by a van fee. This is where the money is. He will therefore rely upon your ignorance of the law and TRY to levy upon your vehicle. BE AWARE.

I would even go so far as to suggest that you call the bailiff to advise him that he will not allow him into the property and that you have a vehicle that is clearly signed to advertise your business and that this is exempt from seizure and therefore he can only charge £24.50. You can then make a sensible payment proposal. Do not expect him to agree any proposal that does not provide for the debt to be cleared within approx 6 months.