Baliffs/Banruptcy

[treacle73]

Hi, Please can anyone advise?. I have got council tax arrears from last year. I have had a letter from Equita in which I have replied making them an offer including my expenditure form which was refused by them and the council. Upon returning from work yesterday an enforcement officer had come to the house as there was a note put through the letter box. I have informed both parties that I have began the process of Bankruptcy and my partner is about to start a DRO process. We both own vehicles worth under £1000 which we need for our jobs as there is no public transport to where they are situated.
We both have no option to go these routes due to debt accrued from previous relationships. I have opted to pay my bankruptcy fee in instalments as I am unable to afford it up front. Thanks :beagle2222:

[R0b]

Re: Baliffs/Banruptcy

At a very high level and in normal circumstances a bankruptcy petition would prevent creditors from taking further action whilst the bankruptcy procedure is ongoing. I would presume that would apply to bailiff enforcement too as they act on the creditor's instructions. Have you notified them in writing or just over the phone? Make sure you keep receipts of letters posted as proof and evidence just in case.

There is a restriction on taking certain assets below a certain value, and if they are used for employment that could prevent them from taking it but also possibly that its worth less than a certain amount. You might want to look at the CAB website for a bit of an uderstanding on what they can and cant do -> https://www.citizensadvice.org.uk/de...take/bailiffs/

Maybe @Debt Camel could help on this one

[treacle73]

Re: Baliffs/Banruptcy

Hi Rob,

Thank you for your reply. I omitted to mention that I am paying my bankruptcy by instalments therefore would this be sufficient enough for the council and bailiff's. Yes I have sent both Council and Equita recorded delivery letters informing them of our intent and given them my Bankruptcy Reference number. With regards to our vehicles that are not used for our business just to get us to and from work.

Thanks

Hi, Please can anyone advise?. I have got council tax arrears from last year. I have had a letter from Equita in which I have replied making them an offer including my expenditure form which was refused by them and the council. Upon returning from work yesterday an enforcement officer had come to the house as there was a note put through the letter box. I have informed both parties that I have began the process of Bankruptcy and my partner is about to start a DRO process. We both own vehicles worth under £1000 which we need for our jobs as there is no public transport to where they are situated.
We both have no option to go these routes due to debt accrued from previous relationships. I have opted to pay my bankruptcy fee in instalments as I am unable to afford it up front. Thanks :beagle2222:

[R0b]

Re: Baliffs/Banruptcy

So you already have a bankruptcy order against you personally? If you have then that should be sufficient but the council tax is only likely to be covered in your bankruptcy up to the date of it being made, any council tax after that date I presume could be recovered.

If all of it is covered then the council should instruct the bailiffs to stop attending, unless there is some statutory right for councils to still reclaim it. My knowledge on bankruptcy is limited but the council tax might be classified as a provable debt and so it would be included.

If the bailiff shows up then the obvious thing to do is not let them in, doors locked especially round the back and windows too. They might try any tactic to get in and seize your goods.
If for whatever reason they somehow end up in the house then you should tell them you are bankrupt and give them your reference number.

If they ignore it and then decide to continue seizing the goods, then you could have a potential claim for against the council and/or the bailiffs for conversion and/or trespass but you would need to know whether or not the debt is enforceable or not.

Did you include the debt in your bankruptcy petition?

[Debt Camel]

Re: Baliffs/Banruptcy

Have you taken advice on whether insolvency is your best option? Your partner must be talking to a debt adviser to set up a DRO - I strongly suggest you too should talk to a debt adviser even if you are convinced bankruptcy is correct. It won't take long and it is good to have an independent view on such a big decision.

How long is it going to take to save up the bankruptcy fees? I assume you have stopped making ANY payments to non priority debts to speed this up. More idea on how to get the bankruptcy fees together fast here: http://debtcamel.co.uk/help-with-bankruptcy-fees/

In the meantime you need to park the cars in a locked garage or a long way from your house. And not let the bailiffs in.

I am afraid telling the bailiffs that you are about to go bankrupt wasn't a great idea as it can make them try to sort your case out more quickly. Starting to complete the new online bankruptcy form doesn't give you any legal protection I am afraid.

The good news is once you get the fees saved, it's very fast to go bankrupt. people are reporting next day after submitting the online application.

[Debt Camel]

Re: Baliffs/Banruptcy

So you already have a bankruptcy order against you personally? If you have then that should be sufficient but the council tax is only likely to be covered in your bankruptcy up to the date of it being made, any council tax after that date I presume could be recovered.

If all of it is covered then the council should instruct the bailiffs to stop attending, unless there is some statutory right for councils to still reclaim it. My knowledge on bankruptcy is limited but the council tax might be classified as a provable debt and so it would be included.

If the bailiff shows up then the obvious thing to do is not let them in, doors locked especially round the back and windows too. They might try any tactic to get in and seize your goods.
If for whatever reason they somehow end up in the house then you should tell them you are bankrupt and give them your reference number.

If they ignore it and then decide to continue seizing the goods, then you could have a potential claim for against the council and/or the bailiffs for conversion and/or trespass but you would need to know whether or not the debt is enforceable or not.

Did you include the debt in your bankruptcy petition?

I don't think he is bankrupt. I think he has started to complete the online form and to save up the fees. You aren't bankrupt now until the Adjudicator approves your bankruptcy application after you submit your form - the old "petition" language has gone. See http://debtcamel.co.uk/complete-bankruptcy-application/ for more about the new process which started in April.

[R0b]

Re: Baliffs/Banruptcy

I think I was talking about the OP's bankruptcy not the other half. It was my understanding that any petition prior to the new changes would have to cease until a decision was made. Are you saying that position has changed or just the process for making the application?

[Debt Camel]

Re: Baliffs/Banruptcy

The concept of a petition no longer exists except for creditor petitions. You apply for bankruptcy, then it is approved, usually the next day.

[R0b]

Re: Baliffs/Banruptcy

I know you've said, but I said prior to the new changes, if you submitted a petition then creditors could not seek enforcement whilst the petition was ongoing. But if the process is submit and acceptance by the following day then it wouldn't matter unless they rocked up on the day the application was submitted.

[Debt Camel]

Re: Baliffs/Banruptcy

Creditors don't have to halt enforcement just because you have submitted an application. Creditors may not be fully up to speed with new process and some are finding it difficult to believe it is now so fast, see the last comment on this article http://debtcamel.co.uk/complete-bankruptcy-application/