selling assets before a bailiff can take away

stevelinz

http://forums.moneysavingexpert.com/showthread.html?t=1259079

I have tried the debt free board but they have advised me to try here can any one help me with the following question.

I was declared bankrupt this year and I thought this was the end of my issues with bailiffs and creditors.

Since I have had a bailiff company visiting me on a regular basis but it seems different bailiffs have taken my case. The debt is for unpaid council tax which the council gained a liability order before I was bankrupt. I do not have a job and I am unable to claim benefits due to my wives earnings.

I have told them all off this but they seem determined to collect this debt, Seems its a challenge for them and they will not return the debt back to the council.

I have not let them in house so they have not got any items and all doors and windows are locked at all times.

I am planning to pass all my possessions over to a friend and he will rent these back to me including my car. Is this legal for me to do as the official receiver has let me keep my car and all households goods.

I am planning to write to the company to let them know that my wife has sold all our possessions and they have no assests to collect

tigerfeet2006

Sorry Steve but I think you will be unable to do this.

Debt Doctor is really good with this sort of thing, I'll PM and see if he can look at your thread for you.

Also give Nat Debtline a ring and check with them.

stevelinz

Thanks Tiger,

They have not been in my house and have no claim on my assets and all my goods have been released by the OR and they are owned by my my wife. The bailifs say this means that her debt is my debt

tigerfeet2006

Having read Skylights reply I agree with her but I am not an expert with this.

Have PM'd a few of the regulars to look at this for you, so hang in there. It will probably take a day or 2 before they reply. Keep bumping this up if it drops down the board.

tigerfeet2006

Just had a quick thought, have a look at Herbie21 website (she is a regular poster on DFW and will help anyone who is a member of this site.)

http://www.bailiffadviceonline.co.uk/

peachyprice

Steve, bailiffs can only take what they can see in your house on the day of their visit, if it aint there they can't take it! And they are not allowed to take anything essential for living, so they cannot take furniture, fridge, cooking facilities etc.

But I do think you will have a battle on your hands trying to prove items are not yours without receipt to the contrary.

As the OR has exempted your car you are free to sell it to your friend, which as far as bailiffs are concerned if the log book is in your friends name it's not yours, just don't park it too close to home.

Waspeze

peachyprice wrote: »

But I do think you will have a battle on your hands trying to prove items are not yours without receipt to the contrary.

Isn't there some sort of statutory declaration that you have to pay for and get witnessed at court that someone else can do to say the goods are theirs?

I'm sure i've seen a form/letter on DFW regarding this?

fiveyearplan

If this is a council tax debt before your BR wasn't it included? If so have you spoken to your OR?

Also if it is council tax isn't your wife liable?

I agree with Peachy - don't park your car anywhere near your house as they can (and will) take it!

tommo20

Hi, Stevelinz,

I included my outstanding council tax in my B.R and as soon as the council found out they went straight to court and got liability order against my OH who is not B.R. They haven't gone as far as bailifs yet but they are so nasty it's not true. No amount of financial or medical evidence or offer of token payments is good enough for them. They have the power and intend to use it!
I think you need to get some qualified legal advice in order to stop this outrageous invasion of your privacy which must be very stressful for you and your family.
By the way writing to these t****ers is unlikely to have any effect. Save your energy for the fight.
Good Luck

stevelinz

Thanks everyone, The issue is that the council will not take the debt back unless returned to them.

I have had different people come round seems to be a challenge for them. Had one on the phone the other day telling me I was lucky that I locked all my windows as they were on the roof.
Told me dont worry they will be back when I dont expect them maybe on a nice summers day and claim the money!!!

It is now a challenge to for me to beat them. I have a friend will buys and sells all kinds of goods so for him to buy my goods is easy to prove

As for my wife the council tax is for my business which has nothing to do with her so,

The OR will not get involved and I have had contact with my local MP about this grey area around orders given before BR.

blind-as-a-bat_2

Yes liabilaty may pass to your OH if you went BR, but if i remember correctly as the council had a liabilaty order before BR, you are still liable, i would have to check though as that section was updated recently.

Have you contacted the council direct and asked if they are willing to accept a payment plan? some are more open to negotiate than others. If you dont have enough goods to cover the amount claimed (and remember household items fetch very little at auction) There is also a little known fact that electrical items have to be tested as safe before offered for sale, so electrical goods are not as valuable nor desirable due to the cost of that test, not sure if they adhere to that, but they should for liabilaty reasons.

Waspeze is correct that your OH can get a sworn statement for for anything she owns, but cant prove ownership, but you have to be carefull with that one, if you lie it can have serious consiquences if cought.

You can also sell anything you want as long as they have not listed it in a previous visit (which it sounds like they have not had chance yet) and can only take your property that is not on the dissalowed list of essential items, although what some bailiffs claim as not essential is not allways correct.

Also removeing items is a way round it, as already said, they can only take what is there on the day of there visit, not shure if they can get an order to allow them to come back at a later date though