IVA and CCJ's

[stressed_suzanne]

I can't believe the very weekend I decide to get everything sorted something goes very wrong. I have a CCJ against my business (I'm self-employed so ultimately my bill. Anyhow I offered 100 a month (bill is 3k)and made 2 payments. The company have now decided that they aren't prepared to accept this and I received a letter today advising me that bailiffs will visit the shop on 6th August to remove goods.

If I manage to sort everything out and find an IP this weekend - well Monday as it's a weekend! - will I be able to delay this?

If not and they turn up, is there certain things I can stop them taking? Like the till as it will impact on my trading! Or can they take whatever they like?

If they do take a load of goods, will that be the end of it, or can they still say I owe 1k, 2k or whatever?

I'm sitting here in tears, I can't believe that they wouldn't accept the offer and I may have to deal with this on a weekday, possibly in front of customers.

[kallis3]

Suzanne, how awful for you![:0]

I am not totally sure of how bailiffs work, but I think you can try to come to some sort of arrangment with them without them taking anything.

However, if you have a CCJ, then surely the amount you pay has been decided by the courts?

Hang in there, I am sure one of the experts will be along soon and give you some advice.

[kallis3]

I'm sure bailiffs have to have a warrant as well before they can do anything.

If you type 'bailiffs' into google, then you should be able to find sites on there which will tell you exactly what they can and can't do.

[Wizzard]

Hi Suzanne
Have you had a visit from the Bailiffs yet? The reason I ask is that in my area the Bailiffs normally visit once to 'ear mark' the goods for collection. They then give you a document which they have signed showing their intent to remove goods in the future (in my case it was 4 weeks) with the goods itemized . So if this is the norm you have at least 4 weeks and a visit to the Council Offices would not come amiss, whilst your IVA is being sorted.

[kallis3]

But surely though Ray, if the company has obtained a CCJ, the payments have been set by the court? Can they still send in the bailiffs?

[stressed_suzanne]

Thanks Jan. I've just googled as suggested :

Once the bailiff has gained access, they can seize any goods belonging to the debtor with the following exceptions:

Items or tools used in self employment/business by the debtor.
This can include vehicles and computing equipment.

So that should limit what they could take. I wonder if it includes stock though?

Ray, yes we have had all that done. Which is why I am so worried. If they take half the stock in the shop, computer, etc, I might as well not bother to open up Monday than carry on struggling. The CCJ didn't stipulate an amount to be repaid, but the 100 is what I offered. I wonder if the courts would be an avenue to follow. If they would think that 100 is acceptable?

[Wizzard]

I noted it was a CCJ Kali, but she didn't say whether the CCJ referred to that debt. But even if it is a default on a CCJ I still think IMHO she should get a visit to itemize her goods before the goods a re removed. Also Suzanne, if the goods taken do not cover the amount you owe you will still by liable for the balance. I still think you have 4 weeks to get this sorted and if I'm wrong then I apologize. If anyone can correct me on this then please do so, I am only speaking from my own experience.

[Wizzard]

Hi Suzanne

Without enticing you to defraud .... get to the shop and remove your PC and your till. Also anything else that's not nailed down. The PC in itself is valueless ... probably worth about £100 in an auction, but the information on it must be worth more than money to you. If you have anything hired or rented from other businesses then either send them back or remove them to a safe place. Any goods you have which are not yet paid for are also exempt from removal as they are still the property of the suppliers, so have the appropriate invoices to hand. I hope this helps in some small way.

[kallis3]

Suzanne, I'm surprised that payments weren't fixed - I thought that was the idea of them.

Perhaps a phone call to the creditor on Monday might be an idea?

I also think that you can make some sort of holding payment to the bailiffs to at least keep hold of the goods temporarily.

I think they can take some of your stock though. I watched an old episode of bailiffs on tv a couple of weeks ago and they went to a hairdressers and were in the process of removing stock when she stumped up the payment.

It wasn't the first time they had been to the shop though.

[stressed_suzanne]

Hi Suzanne

Any goods you have which are not yet paid for are also exempt from removal as they are still the property of the suppliers, so have the appropriate invoices to hand. I hope this helps in some small way.

Thanks Ray, that helps. We've just taken delivery of next seasons stock - and obviously haven't paid for it. It would finish me off if they took that. But, I do have a lot of stock I can't shift - the ones that got me in all this bother in the first place! - so taken some of those wouldn't be the end of the world!

Jan, I was surprised too, so maybe I will phone the courts on Monday and see if there is anything I can do. Basically I made an offer and stuck to 2 payments, so it's not me, it's the company that are being difficult.

[kallis3]

Good idea.

You have a week or so's breathing space anyway before they land. Should give you time to get something sorted.

Let us know how you get on.[:)]

[MelanieGiles]

Suzanne

The benefit of instructing an IP at an early stage is that they can deal with things like this for you whilst you concentrate on running your business. This creditor cannot sent bailiffs round if they do not have a CCJ against you, and this is often used as a threat to get you to pay.

Does the company concerned have reservation of title clauses over the goods they supplied to you? If so, then you don't actually own the goods in the first place so a bailiff could not levy against those, but they could be returned to reduce the debt if they are slow moving lines.

You clearly need professional advice to see you throught this, and can I urge you to do this as a matter of urgency.

[stressed_suzanne]

Thanks Melanie. There is a CCJ so I think they can enter and take, just doesn't seem right when I am willing to pay.

But, I've taken the second step - first was registering on here - and have contacted an IP [;)]

[stressed_suzanne]

No good news It seems I'm stuck between a rock and a hard place. Had a chat with a lovely lady yesterday. Unfortunately the news wasn't good.

Because we have 60k equity in our house, with the debts owing, we can't enter into an IVA. However, we can't access that money without selling the house, which in this climate is probably going to take too long. My DD has SN and moving was a last resort, she doesn't do well with change. If we sell the house, the council don't have to rehouse us as we will have made ourselves voluntarily homeless. The lady suggested a DMP, but as I mentioned before one of the creditors is coming next week to remove assets, so can't see us being successful with that. If I do nothing there is no doubt I will be made bankrupt and then we lose everything anyway. If I become bankrupt could we keep the house if it was transferred to DH's name as it is a family home for the 6 of us?

Of course I could always try and get another loan..........

[Kazzy E]

Aw Suzanne, this is awful for you. You have probably already explored this avenue, but could you borrow the 3K from a family member, or a good friend, and pay them back at £100/month? Also have you thought about releasing some of the equity in your home by remortgaging? I am no expert but wonder whether these are viable options? Hope you get it sorted. Kazzy x