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If I have only goods worth a small fraction of the debt can a bailiff seize them
guestjim
Posts: 34 Forumite
I have been told that a bailiff should not take assets unless they are valuable enough to pay off a significant part of the bill. What they should do - I am told - in such a case is write to the creditor saying there are insufficient goods. Is that correct and if so what is the backing/law/legal case for it?
A bailiff visited the premises and agreed that payment will be acceptable by the end of July. He insisted on taking a walking possession order. However, there are no assets of any value. About £200 was the estimate of the attending bailiff and assets are worth £400 at the most. The only assets are old/obsolete computers and second-hand desks, and those are necessary for the business.
I am led to believe this may be wrong because:
- A bailiff should not take assets unless they are valuable enough to pay off a significant part of the bill.
- Moreover, the cost of removal and sale would be more than the sale value of the assets.
The fees for walking possession are 100s of pounds.
Is it true that the correct action for the bailiff was to have sent a report to the creditor saying there were insufficient assets to act upon? And as such shouldn't charge fees for walking possession?
Grateful for any advice and legal cases as evidence.
A bailiff visited the premises and agreed that payment will be acceptable by the end of July. He insisted on taking a walking possession order. However, there are no assets of any value. About £200 was the estimate of the attending bailiff and assets are worth £400 at the most. The only assets are old/obsolete computers and second-hand desks, and those are necessary for the business.
I am led to believe this may be wrong because:
- A bailiff should not take assets unless they are valuable enough to pay off a significant part of the bill.
- Moreover, the cost of removal and sale would be more than the sale value of the assets.
The fees for walking possession are 100s of pounds.
Is it true that the correct action for the bailiff was to have sent a report to the creditor saying there were insufficient assets to act upon? And as such shouldn't charge fees for walking possession?
Grateful for any advice and legal cases as evidence.
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