Bankruptcy & Bailiffs

RiverRunDry

Hi All

I'm considering bankruptcy but I read somewhere that even if you declare yourself bankrupt and your debts are wiped the bailiffs are still able to come to your home to take your goods.

Can anyone shed any light on this for me please? Is this likely to happen?

Thanks

cheapasfish

I think this is one of the myth's they all threaten you with to make you pay.

I am pretty sure they need to take you to court 1st. Then if you dont keep up any payments the courts set they can then apply to send in the bailiff's.

Providing you do have have expensive assets and have not been spending recklessly your debt is written off. Any surplus income will be taken into account though.

I am sure someone with more knowledge will post soon with better information.

PixiePie

It is one of the myths they scare you with. Most unsecured debts are wiped out by BR, so the bailiffs won't be round to collect as they isn't anything to collect against in general. For specific advise on your situation, feel free to post on the BR board, we're a friendly lot (as long as you're not trying to find 'loopholes' to take the P out of the system! ), or call the National Debtline or CSSS. BR is a big step and not a happy happy fun time, but it can be a welcome relief from a never ending situation for some people.

fermi

RiverRunDry wrote: »

I'm considering bankruptcy but I read somewhere that even if you declare yourself bankrupt and your debts are wiped the bailiffs are still able to come to your home to take your goods.

Sorry to be blunt, but that is twaddle.

Please contact at least one on the organisations in the bottom of my signature.

philnicandamy

Agreed.....total & utter ************* once BR NOBODY will come to pester you or in fact take goods....do as fermi suggested & you'll not go far wrong

Phil

RiverRunDry

Hi All....Thanks so much for your replies - it really has helped lower my stress levels!

I read about the bailiffs still pursuing you after becoming BR on what I thought was a reputable website. Here is the quote and the link:-

Creditors have to stop most types of court action back following a bankruptcy order (but in some still be able to take your belongings away)
http://www.insolvencyhelpline.co.uk/bankruptcy/what-are-the-advantages-of-going-bankrupt.php

I hope it's ok to give you all some background on me and how I got into this situation.....it's such a relief to talk about it after all this time. My family are supportive but I try to keep my problems to myself because they have their own worries.

I used to have a reasonably paid job - about 18k per year....my partner was working also and we had no children so although we didn't have an extravagant lifestyle we were comfortable. I took out a loan of £5000 which I was paying regularly for the first two years. I also had two credit cards with a limit of £5000 on one and £3000 on the other. One credit card I didn't use but kept for an absolute emergency (I have family overseas and felt secure knowing I could fly out if one of them was ill). The other card I used each month and paid off regularly.

Unfortunately I became ill and couldn't work and eventually had to give up my job. I'm sure you all see where this is going! Everything spiraled so quickly.....I had trouble repaying my loan, started using my credit cards to pay bills and to get by until they were maxed. My partner found it too much of a struggle and left me. Within a year I was hearing from bailiffs. I did try to comply at first but they were so aggressive I eventually started burying my head in the sand. I've moved a few times to avoid them but I now have a small council flat and I want to settle down. Although I receive Incapacity Benefit I'm now managing to get by and I'm on top of the rent, c.tax and utilities but I live in absolute fear every day just waiting for the bailiffs to arrive.

I did try to get an IVA but wasn't eligible because I don't have £200 per month disposable income and BR feels like my only way out.

Sorry for the life story folks! Such a relief to say it all 'out loud'. I know I haven't always made the best decisions along the way and I've buckled under the stress of it all but I'm really trying to get this sorted out.


Thanks again for your replies and advice. I will visit my local CAB on Monday and see if BR is the right thing to do.

Cheers
River