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Hi all,
I've just read the articles about dealing with Bailiffs, which are very good and I wondered if anyone could offer any advice on my situation please?
Here goes...
I own a limited company which was doing well 2008-10, but with the financial crisis, I lost my contracts and due to a situation with my wife's sister's ex (who is now in prison as a result), we had to move house several times. This led to debts with HMRC and my accountant.
I've since gone back into regular employment which supports my wife and children, but doesn't allow enough to pay off debts. About 15 months ago my accountant who was taking a long, long time to prepare my company accounts, finally arranged a meeting with me late one evening after work. He passed me 8 documents to sign, one of which turned out to be a personal declaration for any debt owed to him. I skipped through the letter not realising what it meant and trusting my accountant signed everything. Anyway, I paid bits and bats to my accountant over the following months before finally ceasing trading.
In November 2011 my accountant took my company to court and it was given a CCJ for a debt of £900. The following day Marston's sent me a High Court Writ saying I had to pay £1600 immediately or my personal belonging would be sold at auction. I rang them immediately and after being insulted for a few minutes, they agreed to £100/month, starting in Jan 12. I've paid £600 so far, but late last month they said I had to start paying £150/month, which I literally can't afford. They have since sent a bailiff round in a small car/van who knocked once, then posted a card saying my debt was back up to £1500, i.e. a £500 fee for posting a card. The letter says if I don't pay the full amount now, the writ will be enforced at these premises shortly.
The premises are a semi-detached council house, which we are renting. I don't know what is going to happen next, but know I can't raise my payments and that I can't answer the door. My relationship with my wife is in tatters due to the situation and we are near splitting up over it, with the knock on effects on our young children.
My queries are:
1. Are the excessive fees legal and can I challenge them without going to the High Court? I don't think I could afford to do that?
2. Does the personal declaration transfer the debt to a private debt? All correspondence is to my company at the moment, but I get the feeling this is their back up plan to add more fees and somehow gain entry to my property.
3. If they do gain entry somehow (by breaking in, which I know is illegal) can they take EVERYTHING?
4. Can I just ignore them? According to their website terms: if, after 3 visits, no access is gained to the property, the Client will be charged and that'll be the end of it, unless the Client pays for the action to re-commence, or similar. So far, I've had 1 visit. Should I take my chances?
5. What can I do!!!?!???
Sorry for the long question, but I've not seen anything similar anywhere online and don't know who else to ask (other than Citizens Advice Bureau who I have emailed for an appointment this evening.)
Thanks for your help.
Martin.
I've just read the articles about dealing with Bailiffs, which are very good and I wondered if anyone could offer any advice on my situation please?
Here goes...
I own a limited company which was doing well 2008-10, but with the financial crisis, I lost my contracts and due to a situation with my wife's sister's ex (who is now in prison as a result), we had to move house several times. This led to debts with HMRC and my accountant.
I've since gone back into regular employment which supports my wife and children, but doesn't allow enough to pay off debts. About 15 months ago my accountant who was taking a long, long time to prepare my company accounts, finally arranged a meeting with me late one evening after work. He passed me 8 documents to sign, one of which turned out to be a personal declaration for any debt owed to him. I skipped through the letter not realising what it meant and trusting my accountant signed everything. Anyway, I paid bits and bats to my accountant over the following months before finally ceasing trading.
In November 2011 my accountant took my company to court and it was given a CCJ for a debt of £900. The following day Marston's sent me a High Court Writ saying I had to pay £1600 immediately or my personal belonging would be sold at auction. I rang them immediately and after being insulted for a few minutes, they agreed to £100/month, starting in Jan 12. I've paid £600 so far, but late last month they said I had to start paying £150/month, which I literally can't afford. They have since sent a bailiff round in a small car/van who knocked once, then posted a card saying my debt was back up to £1500, i.e. a £500 fee for posting a card. The letter says if I don't pay the full amount now, the writ will be enforced at these premises shortly.
The premises are a semi-detached council house, which we are renting. I don't know what is going to happen next, but know I can't raise my payments and that I can't answer the door. My relationship with my wife is in tatters due to the situation and we are near splitting up over it, with the knock on effects on our young children.
My queries are:
1. Are the excessive fees legal and can I challenge them without going to the High Court? I don't think I could afford to do that?
2. Does the personal declaration transfer the debt to a private debt? All correspondence is to my company at the moment, but I get the feeling this is their back up plan to add more fees and somehow gain entry to my property.
3. If they do gain entry somehow (by breaking in, which I know is illegal) can they take EVERYTHING?
4. Can I just ignore them? According to their website terms: if, after 3 visits, no access is gained to the property, the Client will be charged and that'll be the end of it, unless the Client pays for the action to re-commence, or similar. So far, I've had 1 visit. Should I take my chances?
5. What can I do!!!?!???
Sorry for the long question, but I've not seen anything similar anywhere online and don't know who else to ask (other than Citizens Advice Bureau who I have emailed for an appointment this evening.)
Thanks for your help.
Martin.
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