How can a bailiff enforce a debt if BR has been awarded?

MummyCat123

So a bailiff turned up at my Dad's house with a writ to enforce a debt included in my Sequestration, awarded 2 weeks ago. Surely I no longer 'own' the debt now? If I call the guy today, do I just refer him to the Accountant in Bankruptcy? I didn't think creditors were allowed to contact you after bankruptcy has been awarded? I'm about to have a baby any day, and shouldn't really be dealing with this kind of unnecessary stress

fermi

What is the debt for?

MummyCat123

University fees (not student loan) I've got all the details of my case number and Trustee, I was still being contacted by creditors until very recently, so I'm guessing they just haven't got around to passing the Info onto this one yet maybe?

fermi

In that case, I would imagine that the bankruptcy order trumps and bailiff/court action.

I'm not that familiar with Scottish law, so can't say 100%. However, I would be amazed if that wasn't the case.

Until someone more familiar with the Scottish system can comment, I would suggest contacting the court with details of the bankruptcy. On proof of that, I presume they can suspend or withdraw instructions to the bailiff.

Also, contact the AIB. They need to know that someone is trying to enforce a bankruptcy debt against you, and will also probably want to contact the court/bailiff to tell them to "back off".

MummyCat123

It's def included in the total sum of my bankruptcy on the website, and isn't through a student loan, so doesn't appear on any list of debts that can't be included. My Trustee didn't mention a problem with any of the debts and said they'd all been accepted fine. I'm guessing it's a case of miscommunication, but they shouldn't be having any contact with me at all.

MummyCat123

Yeah, I should be 'protected' by the bankruptcy order awarded. I've totally calmed down and collected myself enough to rationalise it. I appreciate that some debts cannot be included, but this was direct to the university itself which makes them the same as any other creditor. It's just that initial panic I think. Also, the gentleman was totally obnoxious and rude to my dad, which is totally unjustified (it's nothing to do with him realistically) The AIB don't do weekends, bless em, so I'll contact this guy today and get the details for the court and ring my trustee Monday.


Thank you Fermi x

Thank you