Help Please ?

geomac_3

Hello,
I filed for Bankruptcy in Scotland with the AIB. They recieved my application on the 5th Sept and being on benefits/low income case they sent out the declaration to sign that you are on such said benefits, have no assets over £1000, no property etc which I recieved on the 9th Sept and returned it on the same day.
I haven't heard anything back from the AIB todate (27th Sept).
However, this morning I recieved a letter from Sheriff Officers stating that they will be attending where I live on the 6th Oct to do an "attachment of goods".
I share the property with a few other folk so basically I only rent a room from a private landlord.
Can anyone please advise me what to do as I'm in a right panic !
Do I call the Sheriff Officers and tell them that I have filed for bankruptcy with the AIB and they recieved all the relevant documents on the 5th Sept ?
Or what do I do/say when they turn up at the door ?
Do they have right of entry ? What about my flatmates belongings ? I have no assets that they can take but my flatmates do and this is what's worrying me.
Any advice would be greatfully appreciated as I'm getting myslef in a right state and being the weekend the AIB is closed as most solicitors for advice.
Please help !
Thanks in advance,
George

fiveyearplan

Sorry George, I don't know anything about BR in Scotland.

charlie2517

Hi there,

I am probably not going to be much help as am a Lawyer in England and have no rights of audience in Scotland. In the UK Bailiffs can only take goods which belong to the person who has the debt.

My best advice (and this may be stating the obvious but sometimes when in a panic it helps to have someone tell you what you already know) is first thing Monday call the Bankruptcy Dept and ask them, they should be able to tell you what will happen with them and what to do re the Sheriffs Office.

If not try your Citezens' Advice (or Scottish equivalent) and then call the Sheriffs Office who I am sure will know what you should do. Better off dealing with it.

Try not to worry until then nothing is going to happen until the 6th so no point worrying today when you will know the answer tomo!

Hope this helps! Most of all you are doing the best thing and dealing with the debt, very shortly it will be done and you will have a weight off your shoulders!

Charlie

charlie2517

You can call the AIB now and they will return your call - if it makes you feel better you could do that right now?

AIB gives the Definition as:

Attachment - Attachment prevents you from selling your possessions and can lead to a Messenger at Arms or Sheriff Officer taking the items to sell at auction to recover the money owed to your creditor. Usually, a creditor cannot attach items kept in your home or items essential to your trade or profession but there are exceptions to this.

Sounds like they will be coming to do the above ie to prevent you from selling goods.

charlie2517

HURRAH A LINK WHICH DOES HELP!!!

FROM WHTA YOU SAY HAS HAPPENED SO FAR THE SHERIFF IS COMING TO DO HIS (OR HER) VALUATION REPORT?

http://www.scotland.gov.uk/Publications/2005/09/15105247/52488#7c

When can attachment be used to get back money I owe?
Before your creditor can go ahead with attachment he or she will normally have taken you to court to legally establish that you are liable to pay the debt. The creditor will, in most cases, serve you with a charge for payment that tells you that unless you pay what you owe within 14 days they are going to take action to get the money that you owe them. Your creditor also has to send you a copy of this booklet.
If you have not paid up in 14 days an officer of court can enter any premises ( other than your home) where your goods are kept and attach and value them. The sheriff officer must send a report of the valuation to the court. After that has been done your creditor may arrange for your goods to be auctioned to help repay your debt.
There are detailed rules about the kinds of goods that can be attached, when attachments can be carried out and how to stop goods being auctioned after they have been attached.
Remember that a money adviser can help to explain these rules. If you need help try to contact a money adviser right away - go to the back page for helpline numbers

I'll stop looking now you're probably fed up of my messages lol! Hope this stops the panic?!

geomac_3

Thank you for all the replies.
I'll call the AIB on Monday and see what they say.
So basically, it's just for goods "outside" the property and NOT inside, so don't let them in basically ?
Is it also best to call the Sheriff Officers and explain that I have filed for Bankruptcy on the 5th as well ?

Thanks again !

George

Eternal_Optimist

Definitely phone the AIB because your bankruptcy could have already been awarded. I filed for bankruptcy like you via the LILA route, sent back Form 17 which they would have received roughly about the 15th of Sept, heard nothing so phoned them last Monday (22nd) and my bankruptcy had actually been awarded that very day! I was told that I would get the paperwork confirming my bankruptcy in approx the next week > 10days but as they are extremely busy it could be a bit longer. As yet I've not received it. Basically, if I hadn't phoned to check I wouldn't even know I was bankrupt. So yeah phone first thing on Monday morning and tell them about all of this and hopefully they will advise you and maybe give you some good news:T

geomac_3

Thank you once again !
I know at the moment they said it's taking up to 3 weeks to go through the process in Scotland, so here's hoping !
Thanks again for your help and advice folk !
Enjoy the rest of your weekend !

George

geomac_3

Morning Everybody ! Just to let you know that I called the AIB this morning and I was awarded Bankruptcy on the 18th PHEW !
A big thank you to you all for all your help and advice especially to Eternal Optimist !
I guess in Scotland the lesson to be learned is that because it's a new way of entering Bankruptcy they are way behind in the admin, so as Eternal Optimist suggests "Just call them" !
I'll sleep a lot easier tonight lol !
Thanks again everybody !
George

Eternal_Optimist

:T Great news, George:T ....pleased to have been of help:D One other thing did the AIB give you your case reference number? If you don't have the paper proof of your bankruptcy the reference number is handy when the wolves start to circulate:eek:

I'm expecting the calls to start any day now and I don't have my paperwork to send them as yet. The AIB gave me my case reference number which I could give to creditors so they could contact the AIB if they so desired and find out that I am indeed bankrupt:D

geomac_3

Hello,
Yes they gave me the case reference number.
Likewise, no paperwork as of yet but, they did explain that their admin side is bogged down and are way behind but, if anyone calls or visits just inform them that you've been awarded bankruptcy, the date when and the case reference number and advise them to contact the AIB for confirmation.
Once again, thanks again for all your help !

George