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Bankruptcy and Bailiffs - terrified

livilou
Posts: 148 Forumite
Hi,
My husband was declared bankrupt in february, which I add was not through frivilous spending but trusting the wrong business partner. Slowly we are rebuilding our lives, emotionally and he is working which just about covers our outgoings. However this week we have had two letters saying bailiffs will be coming, one for a council business tax that wasn't paid and another is a credit card.
At the point of declaring bankrupt my hubby was advised by the insolvency group not to pay any creditors which we haven't. I am the one at home with 2 small children and am terrified. I have spoken to the cccs and they have advised don't let anybody in but they may put their foot in the door?? So how does a mum with 2 small children and a dog deal with this?
My hubby has spoken to the insolvency group and they haven't even started working on his case yet so have not informed all the creditors.
Can we write to them all ourselves with a copy of hubbys bankruptcy papers along with the letter advising hubby not to pay creditors??
I'm hoping somebody can help me to sort this as I can't take much more emotionally and can't live in fear every day of who is at the door and certainly don't want my children witnessing all this.
Thank you
My husband was declared bankrupt in february, which I add was not through frivilous spending but trusting the wrong business partner. Slowly we are rebuilding our lives, emotionally and he is working which just about covers our outgoings. However this week we have had two letters saying bailiffs will be coming, one for a council business tax that wasn't paid and another is a credit card.
At the point of declaring bankrupt my hubby was advised by the insolvency group not to pay any creditors which we haven't. I am the one at home with 2 small children and am terrified. I have spoken to the cccs and they have advised don't let anybody in but they may put their foot in the door?? So how does a mum with 2 small children and a dog deal with this?
My hubby has spoken to the insolvency group and they haven't even started working on his case yet so have not informed all the creditors.
Can we write to them all ourselves with a copy of hubbys bankruptcy papers along with the letter advising hubby not to pay creditors??
I'm hoping somebody can help me to sort this as I can't take much more emotionally and can't live in fear every day of who is at the door and certainly don't want my children witnessing all this.
Thank you
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Comments
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A difficult situation.
I'm by no means an expert but at least to give you some comfort, fit a chain to the door and use it.
Take a look at this website, I know you don't need the job but the points in the "What is the work like" section are relevant even though you are on the receiving end: http://www.connexions.gov.uk/jobs4u/furtherdetails.cfm?id=313&parentID=376
The advice on this site is relevant, take note of the "duty of care" comments:
http://www.advicenow.org.uk/go/feature/feature_331.html?pkgid=31
It also helps explain the procedures and what is lawful and what is not.
You may owe money but anyone dealing with your situation must act reasonably, fairly and within the law. Ask for ID and use the phone to check it is credible. The chain on the door allows ID to be passed to you without actual entry.
Hope that at least gives you some comfort.0 -
never let a bailiff into your home, you do not have to open the door. If you do open it they can then barge their way in. If they have been into your home then they can break into the property in future to remove goods. They can come into the house if there is a window or door open also so just be careful.
If they cannot gain access to your property then there is little they can do,. although the cars that you own will be their next target. They will clamp them and take them away if they cannot get contact with you.
I would ring the bailiffs office that is dealing with this and speak to them. Explain the situation and give them a contact number or whatever you have for the people who are dealinng with the bankruptcy. That way they know that you are not lying. Only send them copies of papers etc if they specifically ask for them.
Bailiffs will not come to your home and pester you if they see proof that you are not going to have to pay them, eg bankruptcy papers, they are not going to get any payment from you in this case and therefore they will not get their commision cut so they will go for someone that they will make money on. Just ring them and explain the situation, they will be ok hopefully.0 -
Livilou,
Do check the links about Bailiffs in my earlier post on what is lawful and what is not.
Take further advice from the CCCS, they are there to help you resolve your situation with the debtors in a reasonable and fair manner.
Agressive behaviour by a Bailiff is not acceptable, if you are frightened then call the Police.0 -
livilou?
As has been said ... don't let them in. Once you do, as I understand it, it's like an open invitation. You can't refuse to let them in once you have. But I'm only going by (an old) memory of a tenant we had who did. They tried to take our stuff as well!
And don't be scared of them or be intimidated by them.
burbs has a few good points, even though it's scary to read and we don't all have his nerves. So does roger56.
Just don't let them in.
I don't let anyone I don't know into my house uninvited anyway. Even relatives. Just treat them like uninvited guests and don't answer the door to anyone unless you know them and are expecting them. No matter how hard they bang.
Other people that know better than me will advise you on what else to do. And I know it's easier said than done but I'll say it anyway ....
.... don't worry.
Good luck.0 -
On another forum I go on, someone who went bankrupt in February was told by the Official Receiver that it can take six weeks or more to sort through the paperwork and then contact the creditors.
This person then went on to say that they had rung all their creditors and told them, giving them the reference numbers, the name of the OR and their telephone number.
If you ring the council tax bailiffs and explain that your husband is bankrupt, give them all the above details and then they can ring if they want to confirm.
I wouldn't be concerned about the bailiffs they are very reasonable people and once they know there will be no money forthcoming they won't waste their time as time = money.
HTH0 -
thank you all for your replies, I'm going to contact all the creditors - well hubby and I will, so they know the score. Just kind of assumed - wrongly I know that they would all have been contacted by now!
I will have a look at your links roger, thank you.
thanks all for your timex0 -
Although the credit card debt should be taken care of by the bankrupcty (ring your official receiver to check they have this debt within the bankrupcty) the position with council tax is different. That debt is not going to be wiped out by bankruptcy. I would check this with your receiver but your best strategy is to make an offer to pay this bill over time, make this direct with the bailiff office or ask that they return the debt to the council then negotiate with the council. Also get someone to check the bailiff's charges, they generally get these wrong0
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sorry fast track you are wrong council tax arrears are included in bruptcy, however your current ongoing liability is not, make sure you are keeping up to date with this years payments.
i dont think the bailiffs will be chasing this years bill yet as its only April so arrears are in bruptcy.
Call the bailiffs give them your bruptcy number as advised and also call the local authority, its their debt and they will take it back from bailiffs if you tell them your brupt.Ready to Go Go!0 -
Oh just a thought..you are both liable for the Ctax your husbands goes into the bruptcy but you are still liable for the full bill. (assuming is for the address where you both live)
therefore you need to sort out a payment arrangement. go to CAB, read info as suggested. If you make an offer of payment bailiffs with useually agree.
Apologies to Fasttrack - you are correct - it is sunday!Ready to Go Go!0
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