Petition for Sequestration Help Please

Jacqu79

Hi I'm looking for a bit of advice if possible please.

My boyfriend has been served with a Petition for Sequestration.

A court date has been set for next week. Should he attend this? He can't afford to pay the money back and he doesn't have any assetts, only a van he uses for work.

He lives with his mother who owns her own home. Will this affect her?

Thanks in advance.

eklynne

Hi.
Is he happy to allow this action to go ahead?
If he is hoping to avoid the action he MUST attend and make his case to the judge, who may postpone the sequestration. I must stress that if he doesn't go to court the sequestration WILL go ahead.

Jacqu79

eklynne wrote: »

Hi.
Is he happy to allow this action to go ahead?
If he is hoping to avoid the action he MUST attend and make his case to the judge, who may postpone the sequestration. I must stress that if he doesn't go to court the sequestration WILL go ahead.

Hi thanks for the reply.

He's happy for it to go ahead, the only thing he's worried about is the affect, if any, it may have on his mum as he lives in her house. Also would they take his van? It's an old van, and probably not woth very much, but he relies on it for work.

Skint_Lynne

Hi,

This will not affect your boyfriend's mum, as long as the house is in her name, and your boyfriend is not on the mortgage. It won't make any difference to her credit rating either.

They shouldn't bother with the van either as long as it is worth less than 2 grand.

HTH.

Jacqu79

Skint_Lynne wrote: »

Hi,

This will not affect your boyfriend's mum, as long as the house is in her name, and your boyfriend is not on the mortgage. It won't make any difference to her credit rating either.

They shouldn't bother with the van either as long as it is worth less than 2 grand.

HTH.

Thanks. That's put his mind at rest a wee bit.

hoopedheart

If the van is worth more than £1000 then the trustee will look to sell it. Normally your boyfriend will be given first refusal of the van, so he can effectively buy the trustee's interest out. However if he can argue that in order to make a contribution then the van is necessary in order to get to work then the chances are that he would be allowed to keep it.

The trustee will normally require to see something in writing with regards your boyfriend's living arrangements but if his mum owns the house then there should be no problems at all with that. His mother's money does not vest in the Trustee.

I hope this helps.