Bailiffs seizing assets

Raphael

Does anyone know what could happen in the following situation:
a limited company allows a sole trader to use part of their business premises to trade and store his equipment there; the company has debts and bailiffs turn up to seize assets to cover the debt.

Would the bailiffs be able to seize the sole trader's assets if the sole trader is present and explains the situation? What sort of evidence would be accepted to prove they belong to him (are cash receipts and copy of equipment insurance enough)? Would they leave the assets there in that case, or would they be likely to seize them anyway, with the sole trader having to go through a more lengthy process to get them back afterwards (which would threaten his livelihood)?

teabelly

They shouldn't take stuff that doesn't belong to the debtor but I'd be sure they would want proper proof - receipts certainly. They've probably heard it all before. Business owner always says that stuff isn't theirs! Get your stuff out of of there sharpish it's the easiest answer if your livelihood depends on having it.

Raphael

freewriter wrote: »

I presume you are the sole trader and your stuff is somewhere else and the company who has those premises is in financial difficulty. If so, then get your stuff out and keep it elsewhere as the bailiffs may come when you or the premises owner is not around and you may never see it again.

It's not me but a friend. Getting the stuff out is ruled out especially at such short notice (they're meant to come in a couple of days), no transport, nowhere to store it, the insurance will only cover it in that location so should anything happen to it whilst out of the premises it'd all be lost, and my friend needs to use it this week and cannot trade elsewhere.

Hopefully it won't come to that, the debt isn't much, and I'm pretty sure it's not a case of the business being unable to pay but just them being slack and ignoring the debt. They're meant to sort it now but who knows, better be prepared. If the bailiffs do turn up, it's not like they'd have to go empty handed if they don't take my friend's stuff, there's other stuff that belongs to the business that they could easily seize to cover the debt.

nwflyboy

In my bitter experience with Bailiffs, they generally don't take stuff there and then. They take "walking possession", often known as "obtaining a levy" - which essentially means that they take ownership, but leave the goods there. They will then try and charge extortionate fees.

Tell your mate to make sure he has some proof with him, and if they do levy his goods (they shouldn't if he has evidence they are his - as it can lead to a Form 4 complaint), it can be dealt with, though obviously it can be stressful.

The best way is to not let them onto the property. They are allowed to gain "peaceable entry" (i.e. through an open window or door).

Or is this too late??

hippyadam

nwflyboy wrote: »

The best way is to not let them onto the property. They are allowed to gain "peaceable entry" (i.e. through an open window or door).

If its just a bailiff then that's true. However if its a debt more than £600 it may well be a high court enforcement officer. They can force entry into commercial premises.

OP if its your mates kit and they can prove it (receipts and insurance docs should be ample) then even if they take walk in possession and levy (point at it and say that's mine if you don't pay basically) on your pals stuff you'll get an opportunity to object.

You compatriot may want to consider finding some new workspace mind, this sounds like the kind of hassle that no one needs! :eek::eek::eek: