bailiffs help!

introuble1 · 21 November 2009 at 12:15PM

hi there this is my first time on and was wondering if someone could give me some much needed advice to cut a long story we had a shop 3 years ago and it not working after a year and a half of struggling and getting in a lot of debt which we are still in and cant seem to get out of plus looseing our house we have just had the bailiffs banging on our door for a debt that is not ours we gave the lease to someone els to take over and it seems she has not been paying her rates for just over a year which just comes to just under 3000 but the bailiff said as she only took over our lease and as it was our lease to begin with it is our debt to pay this is the first we have hear of this and is going to take our car on monday (our only possession) the car is probably just worth 3000 if they are lucky
on the letter it says they could arrest me?
put a charging order on the house (not ours we rent )
or instigate bankruptcy proceedings if they do that will the car still be taken?
can anyone give me some advice i just dont know what to do as i do need my car we live in the country and i need to take my kids to school and also i take care of my grandma(there is none els to do it)
thanks lynsey

nervousmother · 21 November 2009 at 12:33PM

Keep all windows and doors locked. Park your car on the next street. If at any point you let in these baliffs they will have the right to enter your property at any time without you there..
Speak to CAB or one of the debt charities asap!

tigerfeet2006 · 21 November 2009 at 12:54PM

Give Business Debtline a call and get some advice as well. Link and no. in my sig.

alastairq · 21 November 2009 at 1:23PM

Park your car on the next street

or further away...or on someone else's land, out of sight...the bailiff will have the reg number.

then contact as above

SouthCoast · 21 November 2009 at 3:22PM

Information from Business Debtline:

http://www.bdl.org.uk/admin/images/bdl05_ew_Propertyleases.pdf

introuble1 · 21 November 2009 at 5:12PM

not even sure if it has been to court yet the girl that took it over apparently has gone bankrupt if the car is in my oh name can he still take it as the shop was in my name only he was increadably agressive and dreading monday been on to national debt help line they say that it would be my responsability today is the first i have heard of all of this

alastairq · 21 November 2009 at 5:17PM

not even sure if it has been to court

surely teh court...if one had been used...would have contacted you before granting a CCJ or order.....??

I suspect this is some DCA trying it on??

fiveyearplan · 21 November 2009 at 5:28PM

introuble1 wrote: »

not even sure if it has been to court yet the girl that took it over apparently has gone bankrupt if the car is in my oh name can he still take it as the shop was in my name only he was increadably agressive and dreading monday been on to national debt help line they say that it would be my responsability today is the first i have heard of all of this

I wouldn't risk it - keep the car far away from the house for a while. If it is taken, its taken whether or not they had the right to take it. Play safe!

MyRubyRed · 21 November 2009 at 5:32PM

Hi OP, A few questions mate sorry...
Can you claify what you mean by "giving the lease" to the 3rd party.
Did the terms of your original lease allow you to terminate and/ assign/or sublet to a 3rd party
Was a new lease drawn up and agreed between the superior landlord and the new tenant.
If you can give a bit more info it would be useful
Regards
MRR

introuble1 · 21 November 2009 at 5:34PM

i would have thought i would have heard before having a baliff banging on my door but he says that is somthing i am going to have to take up with the council after he takes my car of me, my head is in bits as he has given me the weekend to sort this out and ofcourse the council office and courts are closed and says he will be here first thing on monday for my car
i also tryed to explain no sain person would pay a bill that they thought was not theres with out looking into it and all he said was just doing my job!

introuble1 · 21 November 2009 at 5:39PM

hi they just took out my lease i got a 3 year lease had the shop for a year and a half and they just took it over i didnt sell it the people who i rented off just agreed for her to take over i should have got solicitors involved but i was just so stint and relived to not have the shop anymore very stupid i know i am beating myself up about it now!

bailiffs help!

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