Can't Pay? We'll Take It Away!: Ch5 9pm
Discussion
nicanary said:
CoolHands said:
Oakey said:
Seems like one of the bailiffs, Del, got into a bit of trouble with the FSA in the past
http://www.fca.org.uk/static/pubs/final/delroy_ang...
I seem to have lost the ability to read cos I can't make head nor tail of that. He has lost the permission. To do what?!http://www.fca.org.uk/static/pubs/final/delroy_ang...
I assume he tried to set himself up as a one-man band bailiff company but came unstuck for some reason not given.
https://uk.linkedin.com/in/delroy-anglin-8925074?t...
https://uk.linkedin.com/in/delroy-anglin-939390b
Alucidnation said:
I didn't think they could take "tools of the trade" with the computer guy at the end?
They may not have taken them, didnt look like they had anything of value anyway, more than likely bluff to get him to borrow money from someone else.What worries me, is how a business debt, turned into a personal debt....
It seemed that his name was on the judgement, but should it just be the business? Is this a court error, just by putting the directrs name on the judgement against a business should not mean the debt now becomes not just the business debt?
Trax said:
Alucidnation said:
I didn't think they could take "tools of the trade" with the computer guy at the end?
They may not have taken them, didnt look like they had anything of value anyway, more than likely bluff to get him to borrow money from someone else.What worries me, is how a business debt, turned into a personal debt....
It seemed that his name was on the judgement, but should it just be the business? Is this a court error, just by putting the directrs name on the judgement against a business should not mean the debt now becomes not just the business debt?
Alucidnation said:
I didn't think they could take "tools of the trade" with the computer guy at the end?
Under certain circumstances they can. The government website below suggests they can take tools if they are worth more than £1,350.gov.uk said:
What bailiffs can and can’t take
If you let a bailiff into your home, they may take some of your belongings to sell.
Bailiffs can take luxury items, eg a TV or games console.
They can’t take:
things you need, eg your clothes, cooker, fridge
work tools and equipment which together are worth less than £1,350
someone else’s belongings, eg your partner’s computer
You’ll have to prove that someone else’s goods don’t belong to you.
https://www.gov.uk/your-rights-bailiffs/what-you-can-do-when-a-bailiff-visitsIf you let a bailiff into your home, they may take some of your belongings to sell.
Bailiffs can take luxury items, eg a TV or games console.
They can’t take:
things you need, eg your clothes, cooker, fridge
work tools and equipment which together are worth less than £1,350
someone else’s belongings, eg your partner’s computer
You’ll have to prove that someone else’s goods don’t belong to you.
Also, if 'tools of the trade' are also available to someone else to use they can take it. With computer equipment I assume that means if the wife also used the computer for personal reasons then they could take it.
thesheriffsoffice.com said:
The main areas where items cannot be seized are:
Bedding, clothing, furniture and provisions that the debtor and their family need for a basic level of domestic life.
Perishable goods: refrigerated foodstuffs, fresh flowers etc.
Tools of the trade: those needed by the debtor to do their job or run their business, for example tools, books, vehicles etc.
However, these goods must be used solely by the debtor for the purposes of his or her work to fall under ‘tools of the trade’. For example, a commercial van that is also used by the debtor’s spouse is available for seizure.
http://thesheriffsoffice.com/articles/which_goods_may_be_seizedBedding, clothing, furniture and provisions that the debtor and their family need for a basic level of domestic life.
Perishable goods: refrigerated foodstuffs, fresh flowers etc.
Tools of the trade: those needed by the debtor to do their job or run their business, for example tools, books, vehicles etc.
However, these goods must be used solely by the debtor for the purposes of his or her work to fall under ‘tools of the trade’. For example, a commercial van that is also used by the debtor’s spouse is available for seizure.
Hmmmm, thats very confusing really.
So, with his van and his wife was insured to drive as a named driver on his business policy, they could take that??
Doesn't make any sense as that is the main tool of his trade, and without that he couldn't work?
So, with his van and his wife was insured to drive as a named driver on his business policy, they could take that??
Doesn't make any sense as that is the main tool of his trade, and without that he couldn't work?
Edited by Alucidnation on Friday 27th May 08:15
Alucidnation said:
Hmmmm, thats very confusing really.
So, with his van and his wife was insured to drive as a named driver on his business policy, they could take that??
Doesn't make any sense as that is the main tool of his trade, and without that he couldn't work?
It appears they have two chances of seizing 'tools of the trade' - the law changed in 2014 and that set the £1,350 limit.So, with his van and his wife was insured to drive as a named driver on his business policy, they could take that??
Doesn't make any sense as that is the main tool of his trade, and without that he couldn't work?
Edited by Alucidnation on Friday 27th May 08:15
legalblog said:
3. ‘Tools of the Trade’ now subject to a financial limit
The old ‘get out’ for the sole trader that goods could not be seized because they were his ‘tools of the trade’ is now subject to a financial limit. Only ‘tools of the trade’ up to a maximum amount of £1,350 are exempt. So, if the enforcement agent finds goods in excess of that value, these can be seized
http://blogs.lexisnexis.co.uk/dr/new-enforcement-by-taking-control-of-goods-7-things-lawyer-needs-to-know/The old ‘get out’ for the sole trader that goods could not be seized because they were his ‘tools of the trade’ is now subject to a financial limit. Only ‘tools of the trade’ up to a maximum amount of £1,350 are exempt. So, if the enforcement agent finds goods in excess of that value, these can be seized
And even if it's below this limit if they can prove that something isn't for the sole use of a trade they can take that too.
Alucidnation said:
I didn't think they could take "tools of the trade" with the computer guy at the end?
It wasn't mentioned in the show, but when I worked in finance we would almost never repo computer equipment -it's just not worth it. we'd threaten it, to to try to reach a resolution but in reality like shopfittings and catering equipment it's effectively worthless, but IT equipment is the absolute worst. For example you repo a second-hand PC, the Repo / liquidators / Balifs usually know very little about computers, but even if they did they wont admit they do, so they'll take them whether it's a CAD workstation with dual Xeon Processors and a grands worth of GPU or a knackered Dual Core Duo from 5 years ago - they want paying all the same.
So you take possession of this PC/s and by default you become liable for the data held on it, so you can't just go turning them around at auction, to comply with the ICO guidelines you've got to securely dispose of the data element - in other words pay someone with the correct certification to destroy the HDD, "wiping" them doesn't do it, because if it forever reason falls into the 'wrong hands' even if someone ends up with someone else's holiday snaps you're in trouble.
If you 100% above board when you do this (and everyone in the finance industry really has to be) unless they've taken the boot disc with it - which they never do, because they're not looking for it and the previous owner almost never has it anyway you've lost the OS license too.
So if you're very lucky you start off with say a recent spec i5 based PC, it cost £350 + VAT new / £150 second-hand minus the cost of the bailiffs, the disposal, a new HDD and even an OS it's now a liability - the worse part is that if they take some old XP machine from 10 years ago it completely worthless before you've taken it, but now you've still got to pay for the disposal.
I'd bet that was more behind why they didn't take them.
It would seem that legitimate bailiff work is not as lucrative as DCBL would like, and they have had to tread the murky waters of private parking charge collection.
Good luck with that!
http://parking-prankster.blogspot.co.uk/2016/05/ex...
Good luck with that!
http://parking-prankster.blogspot.co.uk/2016/05/ex...
S11Steve said:
It would seem that legitimate bailiff work is not as lucrative as DCBL would like, and they have had to tread the murky waters of private parking charge collection.
Good luck with that!
http://parking-prankster.blogspot.co.uk/2016/05/ex...
They have 3 decent companies, the guy Steve Pinner on the TV is an owner of DCBL bailiffs - all 3 companies are small but healthyGood luck with that!
http://parking-prankster.blogspot.co.uk/2016/05/ex...
king chair cos you're going to be here all night" and then slowly find every receipt and go through every item.Gassing Station | TV, Film, Video Streaming & Radio | Top of Page | What's New | My Stuff