Can bailiffs take a computer?

Question

My mate has just told me bailiffs are coming to remove her goods to the value of £3000 on 1st march 2007 and she is unable to pay them any money as she does not earn very much and is a mother of 4 children under the ages of 8 years. she doesnt really have anything of very much value in her home except her computer. This is the only thing she said she does mind about being taken as a hard drive contains so much personal data and her only photographs of her children are all stored on it. Shes also worried if bailiffs took the computer someone could get information on her credit card details etc as they can be retraced even after they are deleted if the right person managed to get hold of the comp and shes worried that she will become a victim of identity fraud. Also shes worried about her kids having to go through the stress of the bailiffs entering her home and taking stuff in front of them. Does anyone know the law on what bailiffs can do and take?

Answer 1

Whilst the bailiffs can take anything of any real value belonging to the debtor, if some of those items were sold to a friend (for a nominal sum, say £1) the items no longer belong to the debtor and cannot be taken, (as long as she can produce a receipt). The property can remain in her house, by permission of the new owner. That is why items on credit purchase cannot be taken by a bailiff. Not that i'm suggesting anyting so devious!

Answer 2

Bailiffs can seize and sell any personal property - that would include the computer. They can't take a few items necessary for health/well-being - but a computer doesn't fall under that.

Considering her situation, I'm surprised she has any credit cards - it would be a good idea for her to have those cancelled.

Copy the pictures to a CD for her.

Hiding assets from the bailiff is a criminal offense; so don't think about moving things out of the property before they come.

Answer 3

If the computer isn't in the house then how can they take it ;)

Bailiffs can only take goods if they are allowed to enter the property - if she did not let them enter they cannot force entry.

Can she not call the debt collectors for whom the bailifs are working and try and come to some payment agreement? Surely this would be a better option?

Hope it gets sorted x

P.S I'd tell her not to worry about identity theft as it sounds like no-one would get any credit in her name anyway!

Answer 4

The bailiff can take any goods owned by the debtor, up to the value of the debt with the exception of certain protected goods (essential household items such as beds, cookers, fridges, etc and what are known as "tools of a trade"). I don't think the computer could be classed as a protected item unless it was necessary for the running of a business, which could then fall within the category of tools of a trade. Your friend could contact Citizens Advice for further information.

Answer 5

Bailiffs can only take stuff belonging to the defendant. Which basically means, yes, they could take it. If I was her, I'd bring the PC round your place for a while.

If the bailiff cannot find anything to the value of £3k in the house, the warrant will eventually get returned to the court. When this happens, she can then get back in touch with the Means team in the court and arrange monthly payments, or if she's signing on have it deducted from her benefits.

So basically, she can't get out of the bailiff coming round, but if she hides/brings round yours anything of any value, the distress warrant will get returned.

Answer 6

If the bailiffs have already been and levied on the computer and its not there when then come then she will be in trouble however if there coming for the first time then simply remove it why not contact the company in question and request to pay by instalments this is normally set up with great ease

Answer 7

basically baliffs can take anything. and if the property owner restricts entry theyll go get a court order.

you might think that the best thing to do would be to ake everything out of the house that has value and i would agree with this in the case of the PC.

however, baliffs sell the things at auction for MUCH less than what theyre worth. your friend is best off selling items HERSELF and then giving the money to the company. lets say for example she has a £100 chair. if the baliffs took it theyd happily let it go for £30 , and come back for MORE STUFF. if she sold it herself she could get a LOT more for it i.e. £60, and minimise the amount of things taken...

Answer 8

If it's so important then move it to another house, perhaps yours.
They can only take what's in the house, and only if it's your friends.

If the computer is for work, then they cannot take tools of the trade as this denies you the ability to work and thus earn an income to pay the debts off.

I once worked for a canadian internal airline and they were being threatened by balifs who were going to impound the plane. They shifted it from one airfield to the next each night. Protect your assets and move it out. Just because they say they're coming doesn't mean you have to have something there for them to take.

Answer 9

Just take it and anything else she wants to keep and move it somewhere else. Do it now don't wait. Not answering the door is fine but the will come back with a court order so its only delaying the problem.
Then as somebody else advised go to the CAB and get some help not just with this but the long term problem.

Answer 10

the baliffs are allowed to take what ever they want, as long as it does not go over the price that she owes, but then they could take more because it wll e second hand.
she could alwas put it at friends house so that they dont see it. bt leave it there for a couple of weeks in case they come back for more.
but them she has a risk of being kicked out of her house if shes behind on the morgage