Bristow and sutor bailiffs and Bankruptcy

dumbme30

Hi all

Newbie here..but i could really do with some help....

Quick recap on my situation:

• went bankrupt 17th March 2010
• included all outstanding council tax - alot of money
• Official receiver now having £65 off me p/m to distribute to my creditors

Right....
Bristow and Sutor kindly called me today to say that they were waiting outside my house and wanted paying £2000. I said i couldnt pay and that i was bankrupt. They said that there was a liability order for thise money made previously to my bankruptcy. I made my excuses and got off the phone

Called official receiver and he said to contact CAB but no good as it was 4pm. ~Then called council who said they werent aware of my BR and to fax it to them tomorrow and they will look into it...blah blah blah

B&S not ever been into my home but know about my car ( worth £500 max) and when i popped home i have a letter saying "once again a baliff removal team have attended today to remove your goods for sale by public auction". I dont know what to do......

I have told them previously that if they take my car I cant go to work and would lose my job (they dont care). I have also told the council too!!

I have previously been in a arrangement with B&S to pay £80 per month which i did until they requested full paymentwhich i said wasnt possible. Then i filled for BR....not heard anything since.

Surely, as they are aware i have no means to pay the £2000 as i went bankrupt for this and other reasons. The OR takes my excess money and I already pay the council (via attatchment to earnings) which is continuing.

If anyone can shed any light on any of my situation it would be a great help....im stoping with my mom tonight as im a lone parent and dont fancy the baliffs visiting

many thanks

beentheredonethatstilhere

Hi and welcome to the board.

I have PM'd one of the regular posters on the board for you who works for the CAB and another who is an ex-bailiff to come and look at your thread for you and hopefully give you some help.

emos4607

hi and welcome :wave:

Sorry can't help with any advice but i'm sure someone will be along any minute who will be able to help.

Hope you get it sorted, it sounds very stressful for you and B&S can be particularly obnoxious/horrible.

Good Luck

RobertoMoir

Contact your local councillor if the council are being unhelpful. If your previous C'Tax liabilities were included in your bankruptcy order then they absolutely shouldn't be enforced. However B&S receive their instructions from the council and will continue to enforce until they hear otherwise from the council.

Of course if they had any common sense they'd agree to delay things while this was being checked out, but they don't.

Have they levied on any goods?

dumbme30

Many thanks for your help. B&s haven't gained entry to my property so they haven't listed anything if that's what you mean by levied?? They know about my car so I'm guessing that this is levied?!
What with the elections going on I don't know who to go to or anything....I've never done anything like that befor but will look into it.
For the time being I have parked my car well away from my home tonight until I can fax my br order over to the council and try and get something sorted. If not I have read about sending it back to court? Perhaps this may be an option?

Any advice or help is much appreciated

RobertoMoir

If they haven't given you a form that says something like "notice of distress" with the car listed on it then it hasn't been levied, no. And yes, keep it out of sight - they can't levy on it, let alone take it, if they can't find it. Don't let them get into the house... and yes the elections probably mean councils will be a bit fraught tomorrow, but as soon as you can this is what you need to do.

fatbelly

dumbme30 wrote: »

They said that there was a liability order for thise money made previously to my bankruptcy.

That's irrelevant. It's a provable debt. Remind the bailiff that he is supposed to know the law.

debtinfo

fatbelly wrote: »

That's irrelevant. It's a provable debt. Remind the bailiff that he is supposed to know the law.

But there is an exception in law for liability orders, meaning that the baliff can still distrain on goods after a bankruptcy.

The one thing that you should not be doing is continuing the attachment of earnings, ask the OR to send etters to stop this

RobertoMoir

debtinfo wrote: »

But there is an exception in law for liability orders, meaning that the baliff can still distrain on goods after a bankruptcy.

True enough, but they can and should be called off by the council.

dumbme30

Ah right!many thanks roberto! Think it may have to be a pleading game! That's why I was wondering about taking it back to court if they still want to enforce it. What do you think?

RobertoMoir

Don't discuss the matter with the bailiffs. Don't worry about whether nor not the bailiffs still want to enforce it. The bailiffs are irrelevant. The court is irrelevant.

Speak to the council. Speak to your local councillor.