Bailiffs...help?

doodlebug89

Hi, i'm new to the forum but have been looking around for a while. My mum (i'm 21) is intending to bankrupt as soon as she has raised enough money (it's a joke isn't it?!) but in the meantime she has recieved a CCJ asking her to make an immediate payment of £4,000 which there is no way she can afford. The papers she was sent stated that she had not replied to the original court papers (before the judgement) but actually she did. She's sent the court photocopies of everything she originally sent. But now she is so frightened about Bailiffs coming round and in paticular whether they will take her car. She's so upset and I really don't know what to tell her..

I read somewhere that a bailiff cannot take your car if you need it for your job, however i read somewhere else that you also need to be self-employed otherwise they will not take it. She works for the NHS, and does need her car but won't be able to get any written authorisation to that effect for a couple of weeks.

Also, we thought about transferring the car to my name - but now we are worried that when she goes bankrupt that it will look bad to the OR.

She's so scared and I just want to help however I can. I live with her so there is every possibility i may have to face the bailiffs myself and i want to be prepared. Do they just come any time or do you get some sort of notice beforehand?

any advice would be really appriciated.

Thanks x

Lightattheend

I can't offer any help as I'm new to all this as well but just wanted to say that someone will be along to help and in the mean time I'm sending positive thoughts your way. Hope it works out well.

Merlinexcalibur

Read here for what a bailif can and actually cannot do:

http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

And here

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

So_Sad_Angel

Hi DB

Wanted to say welcome along Honey....<<hugs>> to your Mum & to you for being suppportive.

She needs to speak to one of the free debt charities...CCCS/ Nat Debtline / CAB they will make sure that she is suppported until BR is taken....also they will check that there is no other options of course.

Car is usually excempt if essential for work & under £2k value.

The main issue is ensuring that it does`nt go to baliffs...you don`t need the hassle really. In the interim don`t answer the door to unknown visitors & certainly don`t ever let them inside....just in case.

In BR personal goods are protected anyway.

She is lucky to have your support & if BR is the way forward then so be it.

You will both get support from the guys on here.

Angiexx

So_Sad_Angel

.....ps must type quicker...can`t keep up with Merlin!!!

...oh & forgot to say....keep smiling:D

gtanny

as far as im aware unless they are handed the keys they can not take the car, i dont think hotwiring is permitted! simple answer is tell you mum to keep the keys in her poket at all times she answers the door and as the above link states do not let bailifs into the property.

as im currently also saving up for BR bailifs are one of my biggest concern as if im at work my partner will be at home alone with our 17 month old daughter

shadowdragon

If its a CCJ, wouldnt they make arrangements to take a fixed amount off you per month/week ect, surley if its a CCJ forunpaid debts they cant expect you to cough up 4k just like that, even if you have assets, maybe your mum could contact the court and seek there advice?

fiveyearplan

Is there any way she can park her car down the road. Its best to try and prevent a bailiff taking things - whether its legal for him to do so or not) than to have to fight to get it back. I'm bankrupt because a business landlord sent the bailiffs to change the locks on my business premises - an action that was illegal because I did not owe any money to the LL but once it was done it was done.

Merlinexcalibur

Doodlebug, what would be nice for everyone would be if you replied? And gave us some feedback?

Also, we thought about transferring the car to my name

Think that would be classed as 'deception?' Potentially. I mean, I don't imagine it would be easy just sigining over a car eg tax, registered details just in a few days. It's a lengthy process for example.

What I am surprised about is that your mother (from your post) doesn't seem to have had any advice from anyone before reaching this point.

doodlebug89

I'm sorry it took me so long to reply - I felt exhausted last night and wanted to be thinking straight when i replied.

Thankyou to all of you for your comments. Mum's going to ring the CCCS and she is going to contact the court, too.

As i said before she has already written a letter to the court as the soliciters dealing with the case claimed they did not recieve her admissions form until the day of the judgement which is ridiculous as she posted it 3 weeks beforehand.

We thought this request of immediate payment was strange as she already has a CCJ for which she is paying monthly at an amount she can afford - she's not trying to get out of paying - if anything she wants to pay back what she owes but she simply hasn't got the money to do so.

What's worse is nearly every single creditor/company have accepted a montly repayment of £20 to be reviewed in 6 months - and she owes them more than this paticular one that the CCJ is for.

We did think too that transferring the car would be 'deception' which is why I asked as the last thing we want to do is hide things but panic makes you think of all sorts of things.

In response to your comment, Merlin, my mum DID go to the CAB last year and it was an absolute mess. One week she was told bankruptcy was her only option, the following week she was told she could get an IVA, the following week the "advisor" changed his mind again and to be completely honest thought the whole thing was rather funny and kept on cracking jokes all the way though each session. He also advised her to default on her mortgage (up to that point she had no arrears on her mortgage) in order to get repossesion process moving and was told to rent somewhere else. When we queried about the fact that if we rent a place when she goes bankrupt there is the possibility the landlord will give us notice the advisor told us "it wasn't important".

After this she rang the CCCS (this was before any CCJS) and was given advice to get up to date on the mortgage again and to write a letter to each creditor offering a montly payment she could afford - which she did and most of them accepted.

She's really been through the mill emotionally, and she even confessed to me she feels like she should be punished (even though all she was doing was trying to survive after my father comminted suicide when i wa 11).


But bottom line with the bailiffs..am I correct in saying we should not let them in, make sure all doors and windows are closed, keep the car keys with us at all times and in that case we should be okay in the meantime while she contacts the court etc ? And also do the bailiffs give any sort of notice or can they just turn up any time?

I just think it's unfair as she is someone who WANTS to pay back anything she can but is simply not being given the oppurtunity to do so

p.s. i have also given her the link to this site and hopefully she will post here too and get some support from people who are/have been through simmilar situations as i feel i can only do so much - I wish i could help her more

doodlebug89

fiveyearplan wrote: »

Is there any way she can park her car down the road. Its best to try and prevent a bailiff taking things - whether its legal for him to do so or not) than to have to fight to get it back. I'm bankrupt because a business landlord sent the bailiffs to change the locks on my business premises - an action that was illegal because I did not owe any money to the LL but once it was done it was done.

Yes she could - we've also got a garage which we can park the car in and lock. I think her biggest concern is leaving for work or coming home and the bailiffs trying to get the car from her.