Bankruptcy and Bristow & Sutor still pursuing

scotlady

Hiya, Hoping someone can help me with some advice.

I was declared BR in June and as wrong as it sounds I was so relieved, my ex left me in thousands of pounds debt and I tried for the last 3 years to pay it but I only put a dent in it.

Anyway, since the BR was declared I thought that would be the end of it. But nope, yesterday I was advised that even though Tax credit overpayment was included in the BR they are still going to continue with the deductions until I am discharged!!!

Not only that but today I got a letter from Bristow & Sutor, "Notification prior to Sale of Goods".. so I rang them up to make sure they'd been informed of the BR and was told yes they are aware but its the council pursuing the debt and they want to know when I can make payments to the outstanding debt (of which was included in the bankruptcy), I said again that it had been included with the bankruptcy but nope they still want the money. I called the council who then told me it wasnt them, it was B&S pursuing it as I signed a levy for walk in possession or something PRIOR to the bankruptcy..

Can someone tell me if this is right?

I thought that I went bankrupt because I was struggling to pay when really I could have saved £525 and not bothered as they're saying they're gonna get the money anyway. Does bankruptcy not mean what I thought it did?

Sorry to go on, just so confused & upset right now

IF

Bumping your post up the board.......x

scotlady

Thanks, I kinda found out my own answer today and it sucks to be honest..

Despite putting the amount down on the bankruptcy, due to the bailiffs being in my house prior to the bankruptcy I "gave them permission" to pursue me according to the trustee.. So yes they can walk in my house even now & take everything. Whats the point in going bankrupt, whats the point in even trying to get my life back on track...

I am now paying out more than I was before I went bankrupt and STILL got to pay the debt..

Just wish I had known about HMRC and Bristow & Sutor, coulda saved myself £525 court fee

IF

I am sorry scotlady, do keep in touch and pop on here if you need a chat.

Best wishes
If...x

CorBlimeyHowMuch

Is the above true?, Does debts to HMRC still have to be paid to them even after BR and if you have let the Baliffs in prior to BR?

:eek:

debt_doctor

It's quite complex I'm afraid. In council tax, any amount due, including the whole current year in some circumstances, is a debt included in BR, whether bailiffs have walk-in possession or not. What BR does NOT do is take away the right of distraint for c/tax arrears. What does that mean- it means that allthough the debt being chased IS part of your BR, the bailiffs still have a right to seize goods if you dont come to a suitablr arrangement with them.

What I would say is that mosts peoples goods are worth little in 2nd hand value, and in the 7 years I have been giving debt advice I have NEVER known a bailiff actually seize goods in a domestic property. Thats because bailiffs DON'T WANT YOUR GOODS!. I can go to ASDA and buy a brand new DVD player for £12.99 - it would be worth pennies 2nd hand. If a bailiff seized your goods they would have to collect and transport them at their own expense, store and insure them at their own expense, register and transport them to auction at their own expense and pay for the professional testing of electrical goods before sale.
Do you think they really want or can afford to do that? - No way!
It is the THREAT of removal of goods that makes people pay. I have had many conversations with bailiffs (after discussing with client first) and said to the bailiff on the phone "take em then!" " client can afford £5 per week, if you don't want that then take their goods now!" They get ever so flustered at that approach and are suddenly not so threatening any more! They would usually pass the debt back to the council with the usual threat of " oh well it's imprisonment next for you!" which technically speaking is the next stage (commital hearing) but it's also a last chance to negotiate an affordable amount with the council.
So I cant guarentee that they wont take goods (and this stance in BR is very rare) but unless they are of incredibly high value, I very much doubt it.
So you can either take the gamble stance and ask what time they are coming round for the goods as you have no money or offer a small wekly amount you could afford. I would also say to them that my assets at are under the control of the Official Receiver, and you would need to pass any seized goods to them !

HMRC have an 'understanding' that they will not continue with distraint once their debt has been included in bankruptcy.

DD

alastairq

I would also say to them that my assets at are under the control of the Official Receiver, and you would need to pass any seized goods to them !

what an excellent idea?

CorBlimeyHowMuch

Thanks DebtDoctor I not going BR or anything it just seemed this lady had gone BR and it looked like she would have been better not bothering.
Im sure each BR case is unique in its own right as is the events leading up to there personal BR.

Many thanks for answering my query..:D

kepar

scotlady wrote: »

Thanks, I kinda found out my own answer today and it sucks to be honest..

Despite putting the amount down on the bankruptcy, due to the bailiffs being in my house prior to the bankruptcy I "gave them permission" to pursue me according to the trustee.. So yes they can walk in my house even now & take everything. Whats the point in going bankrupt, whats the point in even trying to get my life back on track...

I am now paying out more than I was before I went bankrupt and STILL got to pay the debt..

Just wish I had known about HMRC and Bristow & Sutor, coulda saved myself £525 court fee

Apart from the HMRC , how are you paying out more, surely the rest of your debts have been wiped.

scotlady

I was struggling to pay all the debt, robbing one to pay another kinda thing. Before BR I was paying £5 per week to Bristow & Sutor, now I'm paying £8 per week. Inland Revenue, I was paying £3.75, now I'm paying £6.50. So both of those I'm paying out more. The rent's gone up and council now aint covering that so I have to top up that as well. I've finally just managed to get a job under the permitted work for Incapacity so hopefully things will start to look up.

Re the bailiffs, I asked the trustee about him "owning" the goods, he said he does yet when I asked him how they can take them then he said he wouldnt stop them...

HMRC said to me that once I am discharged then they will stop making deductions.

Sorry for delay in coming back, lost my internet but finally seeing the light at the end of the tunnel.

Thanks for the replies

Candy53

I don't understand this at all. I went bankrupt in 07. Has the law changed since then?

My council tax debt was included in my bankruptcy, right up to the day of bankruptcy, and bailiffs had been in my house.

All that happened to me, was the council sent me a bill immediately afterwards for the amount owed from that day to the end of the financial year.

Candy