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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have a bailiff with a county court warrant Pursuing me for

Resolved Question:

I have a bailiff with a county court warrant Pursuing me for payment but his fees are nearly 90% of the original claim, I have the opportunity to pay the plaintiff direct for the amount of the original judgement. If I do this do I still need pay bailiff fee?
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.

Alex Hughes :

My name isXXXXX and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.

Alex Hughes :

Presumably the judgment had to be enforced because you did not pay it?

Customer: Ok
Alex Hughes :

Even if you pay the claimant directly the bailiffs fee will have to be paid. The fee essentially becomes part of thr debt. If its not paid thr bailiff will keep calling and trying to sieze goods.

Customer: The debt is the name of my limited company, the company has no assets as it used ony for invoice
Alex Hughes :

In that case the bailiff will not be able to collect. The bailiff can only seize goods/property belonging to the defendant company. It is unlawful to take property belonging to anybody else.

Customer: the debt is the name of my limited co. The co. Has no assets which I have tried to explain to them but the insist they have the right to seize goods belonging to me that used within the business. Is this the case?
Customer: They made me sign a walking possession for a van that I proved did not belong to the company and then make a statement to that fact to be read by the judge, can they do this?
Alex Hughes :

No. That's incorrect. Only goods/property belonging to the debtor can be seized. If they take your property then you can sue them and claim compensation. The company is a legal entity - if its owns property then its property can be seized. If doesn't own property then nothing can be taken. The bailiff will, of course, try and take something because he wants to be paid (and they're very persistent) but you have to tell them clearly and firmly that the company doesn't own anything.

Alex Hughes :

You should not have signed the WP. Your only recourse now is to complain.

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