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James

If I have only goods worth a small fraction of the debt can a bailiff seize them

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?
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  • Hi, I'm sorry we've taken a while to come back on this - and, to be frank, we scratched our heads a bit before answering, because, we were so sure the answer was "Yes - they can take goods of any value" we felt we had to check our facts before we responded.

    Just in case there's some case law or some such we are unaware of, however, I'm extending an invitation to any passing bailiff or creditor to respond here too.

    So, our view is that a bailiff can seize goods of any value. But you should note that he can't usually take any stuff that is necessary to your work or the basic living needs of you and your family.

    More usually, he won't, at least at first, actually take anything away: he'll just get you to sign a walking possession agreement, whereby you acknowledge a list of your possessions that now belong to the bailiff and which he can come back for at any time. In most cases, debtors at that stage agree a schedule of payments and the walking possession agreement is only likely to be enforced if you don't keep up the payments.

    More details here: http://www.cleardebt.co.uk/debt-guide...

    Do remember that bailiffs' costs can be significant and, every time they come back to see you, more costs will pile on.
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