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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I have made an arrangement to pay a balif company on the 28th

Customer Question

I have made an arrangement to pay a balif company on the 28th of this month, I will not be able to meet this obligation. They have not been out to see me in person yet, this arrangement was made telephonically and then they followed it up with a letter, agreeing.
It is a business debt and a public house that I own.
Can they just arrive on the 29th of this month ? I am particularly concerned, because I will not be on the premises until the 2nd of February, my daughter will be running the business until I get back.
Your advice will be appreciated
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Jo C. :

. Thank you question. My name is ***** ***** I will try to help with this.

Jo C. :

How much do you owe please?

JACUSTOMER-wioylqxt- :

Jo, thank you . I owe 12900 pounds .

Jo C. :

Thanks.

Jo C. :

How quickly can you pay?

JACUSTOMER-wioylqxt- :

Well I made this arrangement to pay on the 28th, but am unable to, things have not gone to plan. So at this stage I am not sure. I did try to get the council to give me more time, but this has been going on a while now, they said its now up to the balifs and that I should make all arrangement with them.
I will probably declare myself bankrupt, but just want time to look at all my options first.

Jo C. :

That is not entirely true actually. The control the bailiffs. They could call them off if they choose to. They might not chose to and that is fine but it isn't right to say that they couldn't.

Jo C. :

The short answer is that they could enter immediately I'm afraid. This is a commercial premises.

Jo C. :

The practical reality is that they probably would not.

Jo C. :

It would take them a few days to realise it hadn't been paid at all and then generally they will not attend immediately.

Jo C. :

with bailiffs though, there isn't really much that you can do except pay as much as possible.

JACUSTOMER-wioylqxt- :

Yes I believe that to be true, but as you say, they are not willing to call them off. If I fail to make the payment, can they arrive and seize my goods anytime after that ?

Jo C. :

Bailiffs generally have far more clients than they can ever chase.

Jo C. :

And they will chase the ones who are not paying at all and have funds.

Jo C. :

I'm afraid if you fail to comply with the arrangement then they could do that legally.

Jo C. :

Whether they would or not is another matter. It depends on how much time they have and whether they have clients who are misbehaving more than you are.

Jo C. :

I have found generally that they don't do things quickly.

JACUSTOMER-wioylqxt- :

Then the other question, which is my main concern is that, all the fixtures and fittings on the premises belong to the brewery, so I assume that they cannot take possession ?
And what impact does it have if I am away when they arrive ?

Jo C. :

No.

Jo C. :

They don't belong to you.

Jo C. :

It doesn't have any impact I'm afraid.

Jo C. :

The business is the debtor and anyway they don't need the debtor to be there to remove his goods.

Jo C. :

They will probably look at other options though like putting goods in walking possession etc.

Jo C. :

And it isn't likely they would act immediately because they have other plans.

JACUSTOMER-wioylqxt- :

Lets assume that I do not have any belongings go my own, except car, which is not wort more that a couple hundred pounds ?
AsI said I will probably start to apply .

Jo C. :

Then they won't have anything to seize.

JACUSTOMER-wioylqxt- :

We have another business, but that is in my wires name, how does that affect things ?

JACUSTOMER-wioylqxt- :

Wifes

Jo C. :

Ultimately bailiffs can only take goods to the value of what is there.

Jo C. :

They can't seize anything relating to the other business.

JACUSTOMER-wioylqxt- :

You have been a great help, thank you advice.

JACUSTOMER-wioylqxt- :

If I have any other questions, may I ask them on here ?

Jo C. :

No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. information, please start your question with ‘ C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

JACUSTOMER-wioylqxt- :

Thank you

Jo C., Barrister
Category: Law
Satisfied Customers: 69546
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.

Jo C

Are you available advice regarding the above ?

Expert:  Jo C. replied 1 year ago.
Yes, go on?

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