Will OR take my furniture?

lilacgirl_2

Hi,

Me and my partner have just had our bankruptcy order (21st aug - same day as kerry katona!)

I have a telephone interview in a few weeks and he has to go in for his interview as he's self employed and it was the business debts that sent us under.

We were just wondering whether anyone knows of or has had someone through the courts come to your property and remove property to help pay towards the debts, i.e. tv, settee, microwave, sideboard as we only have a van as an asset and thats not worth very much.

if they can will they tell us when they're coming to 'value' our goods or just turn up like the balliffs and remove the same day?

should we declare the furniture we have to the OR in interview?

We owe about £56k in total

thanks for your help and advice in advance, Lilac

skylight

No and No.

Unless your furniture is Chipendale, the TV is plasma or you have art deco pieces then don't worry. You are allowed furniture! They do not come to your house at all and do not value anything. Bailifs are not appointed so don't worry.

If they want to take any assets (like the van) then they will make arrangements with you, but other than that, please do not worry. Taking your DFS/Ikea stuff doesn't happen.

fiveyearplan

Hi Lilacgirl and welcome. Relax, nothing like that will happen. Have you opened a new bank account etc. ?

lilacgirl_2

thanks for that - what a relief to know

i know you help alot of people on here skylight and are very knowledgable so hearing that from you is very reassuring

my OH got told the same day as we got our order that he would have to go in for the interview whereas i got given a date for a telephone interview, he's a bit panicky as he feels like they dont believe him, does he have to go in because it was business debts and that he's self employed?

another question i hope you could help with... please..
he has a questionnaire regard the business and papers etc.. there is a section where he's asked to put down if any customers owe him money and if there is he has to give their name and address, the business he runs is van sales and he has got customers who owe him a bit of money (around 1.5k) but as he's still trading, those customers will pay in a few weeks (monthly accounts) and he will prob have other customers that owe him money instead (hope u got that ) he has to send the papers back next week for the interview which will be in 4 wks time, by then the customers who did owe him money will have paid and it may be totally different customers that owe him money come the OR interview date?????

also as we're not married we've had to do 2 seperate petitions and the OR has asked for loan agreements for the debts, my question is will the court accept copies as we only have 1 agreement per loan but both our names are on the debt?

thanks again :rolleyes:

lilacgirl_2

fiveyearplan wrote: »

Hi Lilacgirl and welcome. Relax, nothing like that will happen. Have you opened a new bank account etc. ?

no we havent, should we do it now or after the OR interview?

we cant go with barclays as thats one of my OH's creditors, does that just leave co-op?

skylight

:o Thank you.:o:o

I thought I was more nosey than helpful sometimes!!

fiveyearplan

I think Barclays will open a basic account even if they were one of your creditors. Saying that I personally think the Coop account is the better account because it comes with a visa electron card that you can use most places. The Barclays account only comes with a cash card. I would open it straight away - one account for each of you. I don't have a Coop near me but this has never caused any problems as I pay in to the post office.

fiveyearplan

lilacgirl wrote: »

my OH got told the same day as we got our order that he would have to go in for the interview whereas i got given a date for a telephone interview, he's a bit panicky as he feels like they dont believe him, does he have to go in because it was business debts and that he's self employed? Probably, I had to go in person too and I had 2 businesses

another question i hope you could help with... please..
he has a questionnaire regard the business and papers etc.. there is a section where he's asked to put down if any customers owe him money and if there is he has to give their name and address, the business he runs is van sales and he has got customers who owe him a bit of money (around 1.5k) but as he's still trading, those customers will pay in a few weeks (monthly accounts) and he will prob have other customers that owe him money instead (hope u got that ) he has to send the papers back next week for the interview which will be in 4 wks time, by then the customers who did owe him money will have paid and it may be totally different customers that owe him money come the OR interview date????? BEst to ring Business Debt Line and see what they have to say.

also as we're not married we've had to do 2 seperate petitions Everyone has to do their own petition, married or not that way they get 2 lots of fees! and the OR has asked for loan agreements for the debts, my question is will the court accept copies as we only have 1 agreement per loan but both our names are on the debt? Copies will be absolutely fine.

thanks again :rolleyes:

I also thought the OR wouldn't believe me but its their job to get the truth so if he tells the truth he'll be fine. If he can't remember anything tell him to just say he can't remember - its not a crime to forget things but he doesn't want to just make something up. He'll be fine! My face to face interview was just over 2 hours and it was hard going but I knew I was telling the truth so there was no way they could 'find out' anything.

skylight

Its a good idea if he spoke to business debtline first, cos I think the following is right, but worth checking (it is logical, but logic doesn't make it to the courts).

Technically, as he was made BR on the 21st, anything owed by him or to him up to and including that date is not his money - he technically ceased trading on that date. It will become part of his bankruptcy and will have to be paid to the OR. Anything from 22nd onwards owed by him or to him is his - he has started afresh with everything and re-started trading.

Its why the forms want to know about business debts, to see if they can get anything out of customers to put towards his BR.

Thats a simple version though. As mentioned, it may not be totally accurate so he really should speak to business debtline to see what they say.

As for the loan agreements, a copy will be sufficient (and state why its a copy). There is nothing that the OR cannot source for themselves if you do not have it available anyway.

lilacgirl_2

Thanks for that fiveyearplan and skylight, that seems to make alot of sense

will start afresh with the accounts as of the 22nd august 2008 so all figures that was owed to him by the end of 21st now belongs to the OR

thanks for your help )