A bailiff is going to remove goods where the value is enough to the debt owed, and they tend to choose goods they can easily access and remove. They cannot take possession of goods by just seeing them through the letterbox or window, they have to touch them physically. The main goods of interest are usually electrical goods, vehicles, furniture, and jewelry. These are items that can be easily sold at an auction for a good price.
They aren’t allowed to go with everything because they have to leave you with basic household items. So what can bailiffs take? The following are some of the things a bailiff cannot take;
Goods that are worth more than what you owe the creditor
Bedding, clothing, furniture, and basic household items that you need to satisfy the basic domestic needs of your household.
- A fridge
- A microwave or cooker
- A dining table and chairs
- A washing machine
- Medical or care equipment
- A TV that is being used (do not switch off your TV because they can then take it away)
Some goods are protected and a bailiff cannot take them:
Goods belonging to someone else
Assistance dogs and pets
Books, tools, computers, telephones, vehicles, and other items that you need for your business, job, or education up to a certain value
Items that you purchased on hire purchase and you haven’t yet made the final payment
Fixtures in your property, for example; fitted wardrobes or kitchen units
Goods that are currently in use, such as a motor vehicle or machinery; the bailiff can go and return later for these items
When they take control of the goods that are protected, then you can make a court claim for them to be returned.
Goods that are owned by another person
The bailiff is not allowed to take goods belonging to someone else or rented. Let the bailiff know that the item is not yours. The owner will need to provide a sworn statement known as a statutory declaration or a receipt.
If the goods are taken and belong to another person, the owner has to write to the bailiff letting them know that they own them. The application can also be made to the court, but you have to pay a deposit first. The deposit varies because it depends on the value of the goods.
Joint possessions
If you own an item jointly with your partner, and the partner is not subject to this, they can take the goods, but they can only take the value of your share.
Goods that have little or no value
There are times when the goods the bailiff has taken are not enough to cover the cost, and this is when they can come back to remove and sell them. When this happens, they have twelve months from the enforcement to take control of the goods. There is a good chance they are going to agree on installments on your debt. If you fail to pay, then the 12-month arrangement is going to be broken.
The bailiff is not allowed to take control of goods that are worth more than what you owe the creditor unless there is just one item that they think is worth taking, like your car.
Hidden goods
If you choose to hide goods (in another location) when the bailiff hasn’t seen them yet, they can apply to the court to get permission to break into where they are hidden. If they have control of your goods agreement and you choose to hide, then you are committing an offense that can easily make things worse for you. You should try your best to avoid breaking any laws during this process.
Vehicles
Goods that are outside your house are also at risk, e.g., vehicles. If you have a vehicle, then make sure it is locked in your garage. The vehicle could be clamped if you park it on your drive. If you choose to park it away from your home but on a public rod, then the bailiff is going to clamp and remove it if they find it. There are some bailiff firms that use Automatic number plate recognition cameras. They can identify wanted cars when the bailiff is driving around. They can obtain the details of your car from the DVLA. Before they take control of your vehicles, the bailiff needs to check the DVLA and Hire Purchase Index to ensure that you are the legal owner of that car before they take it. The last thing they want is to end up with a car that is not yours and cant help them recover the debt.
The bailiff cannot take control of the following vehicles because they are protected
The vehicle has a disabled badge displayed, or when it is obvious that a disabled person uses the car
A car that is subject to a logbook loan and you have not made the last payment on the loan
A vehicle that you need when carrying out your business or job and it worth less than £1,350 (for example a taxi)
A vehicle such as a caravan, camper, or houseboat acting as your main home
Hire purchase vehicles
There are some bailiffs that can interpret the law differently and say that it is within their rights to take possession of the car that is subject to a hire purchase agreement (this is a vehicle that you are not yet the owner because you have not fully paid for it)
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