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Bristow and sutor bailiffs and Bankruptcy

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Comments

  • fatbelly
    fatbelly Posts: 23,917 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    debtinfo wrote: »
    But there is an exception in law for liability orders, meaning that the baliff can still distrain on goods after a bankruptcy.

    How does that work? A liability order just means that the debtor is liable for that amount

    Surely all the debtor's assets belong to the OR on bankruptcy.

    If the bailiff hasn't already levied at that point, then wouldn't any subsequent levy be invalid?
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    edited 6 May 2010 at 1:15PM
    fatbelly wrote: »
    How does that work?

    http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch1-12/Chapter9/part1/Part_1.htm

    If you read that you will see it could be a bit of a nightmare.

    Which is probably why the vast majority of councils simply recall the bailiffs and be done with it.

    Can't blame them. Makes my head spin just reading that section. :o;)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

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  • debt_doctor
    debt_doctor Posts: 4,595 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Hi,

    Thanks for the PM , I've not been on for a couple of days so only just read it.

    Whats already been said sums it all up really. There is this bizzare allowance to distrain on goods for c/tax after BR,however I have never heard it done in practice and most councils / bailiffs dont know about it anyway.

    If they have not levied on goods then it's the standard dont let them in and hide your car advice, they will return it to the council soon on that basis and then everything should stop.

    I would definately contact the council and inform them that they have no remedy for the debt other than to the bankruptcy estate, and to ask them to take the authority to levy back from the bailiff.

    Good luck.

    DD
    Debt Doctor, Debt caseworker, Citizens' Advice Bureau .
    Impartial debt advice services: Citizens Advice Bureau Find your local CAB *** National Debtline - Tel: 0808 808 4000*** BSC No. 100 ***
  • dumbme30
    dumbme30 Posts: 5 Forumite
    Thanks for the advice. I have been speaking with the council so its with them at the moment but in the meantime I'm hiding my car of a night!! Hopefully something will get sorted next week. Will keep you all posted on what happens
  • dumbme30
    dumbme30 Posts: 5 Forumite
    Update....
    Spoke to council who still want to chase the money via bristow and sutor. They have cancelled my attachment of earnings which is good but not the main debt! So bailiffs will be back soon to collect the debt. They levied distress on my car in Aug 2008. What can I do? I need my car or I WILL lose my job.
    I'm beside myself .....
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