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  • FIRST POST
    • KJ2886
    • By KJ2886 16th Apr 17, 11:29 AM
    • 15Posts
    • 3Thanks
    KJ2886
    Facing up to bankruptcy!.. need help!
    • #1
    • 16th Apr 17, 11:29 AM
    Facing up to bankruptcy!.. need help! 16th Apr 17 at 11:29 AM
    Hi Everyone, Ive been reading posts on here for a while and finally facing up to the possibility of bankruptcy!

    I owe approx 35k in Overdrafts, Credit Cards and a payday loan and im so annoyed with myself I let things get this bad! Due to gambling and general over spending, balance transfers and ending up using cards again and 0% offers ending and debt increasing!
    I hadnt missed any payments until 2-3 months ago and I was all set up to start a DMP, opened up a new bank account, wrote to a few of my creditors (online) but not all, got a pack from Stepchange - but never got up to filling it in!
    My new account is with Halifax but then realised thats part of Lloyds banking group, and one of my debts is Lloyds (£1500 overdraft) so thats why I never actually started with the DMP yet

    I went to check my credit file on noddle adding up all my debts and then I saw a CCJ on my account from Oct 2016 for £5000! and now im freaking out and scared about what will happen now! Haven't contacted anyone about the CCJ yet (Is listed at an old address so this is first ive heard about it)
    Im now worried ill have bailifs at my door or they will take my car etc now

    I dont know what to do now!
    Im dealing with this alone and I dont want any family to know what Ive got myself into

    Thank you for reading
Page 2
    • fatbelly
    • By fatbelly 11th Jun 17, 9:17 PM
    • 10,813 Posts
    • 8,080 Thanks
    fatbelly
    They'll try to visit 3 times. No additional fees can be added unless they can remove goods.

    Yes, it would cost the creditor to petition for your bankruptcy. It rarely happens, particularly when you want it.
    • KJ2886
    • By KJ2886 16th Jun 17, 7:16 PM
    • 15 Posts
    • 3 Thanks
    KJ2886
    The high court enforcement officers came today, I didnt answer and was left a letter in my post box
    It says they have called today to remove assets for public auction as I have not responded to previous correspondence
    It says removal of assets will now take place with or without your presence and where necessary an application will be made to the court under paragraph 15 schedule 12 tribunals courts and enforcement act 2007 for authority to enter your premises

    So would they have to go to court to be able to enter my home?
    How long does this usually take from the stage im at now?

    CCJ debt is now just over £6100
    • peterkay369
    • By peterkay369 16th Jun 17, 8:39 PM
    • 90 Posts
    • 32 Thanks
    peterkay369
    It says removal of assets will now take place with or without your presence and where necessary an application will be made to the court under paragraph 15 schedule 12 tribunals courts and enforcement act 2007 for authority to enter your premises
    Originally posted by KJ2886
    Is this even possible? I thought they were only allowed to gain "peaceful entry"?
    • KJ2886
    • By KJ2886 16th Jun 17, 9:06 PM
    • 15 Posts
    • 3 Thanks
    KJ2886
    Thats what I thought!
    Unless when they say 'removal of assets' could mean car etc rather than in my home etc as need a court order to enter? hmm not sure
    • peterkay369
    • By peterkay369 16th Jun 17, 10:07 PM
    • 90 Posts
    • 32 Thanks
    peterkay369
    I "thought" the only way they could force entry is if its for a reposession on the home and they have the homeowners permission however I'm not 100% on this. Will try and look into it further ☺
    • fatbelly
    • By fatbelly 16th Jun 17, 10:45 PM
    • 10,813 Posts
    • 8,080 Thanks
    fatbelly
    It's probably just a threat.

    paragraph 15 schedule 12 TCE says:


    15 (1) If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.

    (2) Before issuing the warrant the court must be satisfied that all these conditions are met—

    (a) an enforcement power has become exercisable;
    (b) there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;
    (c) it is reasonable in all the circumstances to issue the warrant.

    (3) The warrant authorises repeated entry to the same premises, subject to any restriction in regulations.
    But it's rarely used
    • ToxtethO'Grady
    • By ToxtethO'Grady 17th Jun 17, 3:49 PM
    • 38 Posts
    • 17 Thanks
    ToxtethO'Grady
    Any fees/charges they add on would be included in the BR, are you in Scotland? The legal system there is a bit different than England and Wales so I would definitely get some legal advice.

    Enforcement agents, no matter if they are County or High Court, can't force entry except for criminal fines/certain tax debts or on business premises and they will usually want to get it court ordered before. The blue badge should stop them taking it but it won't stop them clamping it - it's then a case of complaining to the office and association they are a part of and during that time you can't use your car. Best to park somewhere out of the way. As you say keep the door locked and speak to them through a window or your door.

    It does cost a creditor to go through a bankruptcy petition and they add that on to the debt, it goes in to the BR - if the writ is returned it means they don't have to pay or administer the statutory demand.

    Sorry to be blunt but I'd take a little embarrasment from my neighbours rather than a bailiff in my flat. You could contact the bailiff and explain you are looking to go bankrupt and have started the application. Might hold them off as they'd want to save costs.
    • KJ2886
    • By KJ2886 19th Jun 17, 12:44 PM
    • 15 Posts
    • 3 Thanks
    KJ2886
    Hi Thanks again for the replies!
    Ive had a letter 'Notice of transfer of proceedings' saying its been transferred to my local county court.
    Will ring the bailiffs/sheriffs office later and let them know, not sure if it stops them acting on it yet or until its dealt with but will see.
    Im based in England too.
    • ToxtethO'Grady
    • By ToxtethO'Grady 23rd Jun 17, 1:49 AM
    • 38 Posts
    • 17 Thanks
    ToxtethO'Grady
    Thanks for the reply.

    Glad to hear it's been transferred and if the HCEO turn up show them the notice or call them and advise them of it, you can now use the N245 to vary the judgement until you can get your BR going. It also suspends any county court warrants so I'd keep a blank copy.

    Take it step by step and you'll get there. Everyone on here is willing to help.
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