Can't pay we take your plane

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luxardo
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#1 Can't pay we take your plane

Post by luxardo » 11 May 2017 08:07

I was watching an episode of Can't Pay and they went to some guy's house with a warrant. It turned out he owned a plane so they went to the airfield and seized it. I though a warrant only included property at the address on the warrant and if any property you owned was not on the premises or on a public area like a road they could not seize it ?

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Schedule 12
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#2 Re: Can't pay we take your plane

Post by Schedule 12 » 11 May 2017 08:50

They cannot lawfully seize the plane situated on the airfield. It is neither where the debtor lives or works. Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

In any case, the bailiff has no way of removing it from the airfield. That requires a flight plan to be filed before push-back clearance is given by the tower. The airfield wouldn't fuel the aircraft anyway and without the aircraft logbook, they cannot get ATC take-off clearance.

This has been attempted before and the outcome was a disaster for the bailiff. The bailiff literally hired a pilot to fly the plane out of the airfield. That was an instant failure because the pilot did not have the airworthiness certificate. Those proceedings are in progress. It involved a biplane owned by a stunt pilot and the bailiff and his company is now defending a £4.3M claim.
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luxardo
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Joined: 14 May 2016 15:27

#3 Re: Can't pay we take your plane

Post by luxardo » 11 May 2017 11:28

Thanks, I thought so. In the same episode they also badgered someone about who owned the goods in the house, guy claiming (quite rightly) that everything belonged to his father. Bailiffs said they needed to see proof or they would seize. Is that true ?

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#4 Re: Can't pay we take your plane

Post by Schedule 12 » 11 May 2017 11:36

I've not seen the TV show.

Bailiffs can assume at first sight the goods are the debtors unless evidence to the contrary is shown.

They need to tread carefully because an Interpleader claim is very expensive and the creditor gets the bill. When I refer an Interpleader claim to a solicitor, there is no change from £8000 in costs due to the applicant having to lodge money onto court to claim his goods. This even applies when the goods, a van, is only £500. It's called indemnity costs. Eventually, all the costs and the damages are all thrown at the bailiff company.

I only do Interpleader claims when the claim is irrefutable or I have an appeal strategy in the event of the court making an error of fact or an error in law. It makes assuming ownership of goods high risk for the bailiff.
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