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Question about bailiffs, debts and etc.

Morning Guys,

A quick question. My brother has got himself into a load of strife cash wise (as I only found out last night I am about to head down to try and sort some figures out!), but he is already being threatened by bailiffs.

He lives with my parents and has virtually no possesions except a computer, a sterio and the clothes he lives in. Does this mean that the bailiffs can remove items that belong to my parents or my sisters? The reason I ask is because my sister has a laptop, my parents a TV in the lounge,etc which they would probably would like to take.

Question 2: Without knowing the full figures I can not put anything down yet, but I know all his income is, is unemployment benefit. I therefore doubt that any Debt Management compnies will want to know... will they?
Signaller, author, father, carer.
«13

Comments

  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Hi TwistedPsycho.

    First of all, is it really bailiffs he is being threatened with?

    Many Debt collection Agencies, will threaten to "send an agent round" or claim that "bailiffs/collection agents may be instructed" plus lots of other meaningless phrases in an attempt to intimidate and frighten someone.

    For normal consumer credit debts, in order for a "real" bailiff to become involved a County Court Judgement must be obtained (which the debtor then defaults on) and then a separate warrant is obtained from the court. At each stage there is ample opportunity to offer a fair schedule of repayments, which the court will set in relation to income. For someone on benefits this can often be a nominal £1 a month to each creditor.

    There is no way it should really ever get to court and then on to bailiffs, unless he completely ignores anything from the courts.

    No bailiff should seize goods belonging to anyone else other than the debtor, and cannot force entry into the home unless they have already entered before.

    You can read about the bailiffs rights, and your/his rights in these links.

    http://www.payplan.com/debt-library/bailiffs-bailiff-law.php

    http://www.insolvencyhelpline.co.uk/identify_problem/bailiff_problems.htm

    If a real one should call, then make sure he locks all windows and doors and starts dealing with the problem rather than burying his head in the sand (needs to do this anyway).

    Plus get him to talk to CCCS or Payplan, as they do DMP's for free (they are charities) and could arrange nominal payments to the creditors.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • Hi fermi,

    Many thanks for the information you have pass on. As I have had past dealings with PayPlan of my own, I was vaguely aware of their website but not of that specific page.

    With regards to the fact that bailiffs can not take any possesions but th debtors, is it up to my parents to prove that its theirs or the bailiff to prove it is not?

    For information and hopefully for some guidance, this is my brothers SOA

    Income
    Dole Money180

    Expenditure
    Rent100

    Debts All figures relate to totals. As far as we are aware, he is not paying anything to anyone at the moment.

    Orange 593.39 As far as I can tell, not been paid for 5 months +

    Virgin Media 141.15 Now with Moorcroft Debt Recovery Ltd Dated 26 June 07 Giving 7 days

    Littlewoods 165.01 Creditors Notice: CapQuest Feb 07
    Offer if reduced settlement: H L Solicitors March 07
    Letter of offer of realistic payment options: ScotCall May 07
    Final Notice: ScotCall 06 June 07 Giving 7 days

    Lloyds 870 Authorised O/D 500 Currently 870 Overdrawn.
    Formal Demand/Legal Action Intention notice 28 June 07

    Nationwide 60 Authorised O/D NIL Currently 60 Overdrawn

    Lloyds Loan 2037.14 Default Notice (section 87(1) consumer credit act) Issued June 07.
    Two months arrears. Request to take action by 16th July 07Issued 28 June 07





    Hmmmm Why won't it let me format using blank spaces?

    As you can see, he has not paid any of his debts for sometime, although I am going to enquire with Lloyds why his redundancy insurance has not kicked in as he lost his job around 3 months ago and has sent them all the paperwork for it.

    When I look at the figures, I was wondering what the best course of action is. As he does not have £200 disposable a month he can not do an IVA, I doubt that any of his creditors will take a DMP due to his history....

    Oh I do not know... I can not make head nor tail of this information.

    I will thank personally and with a big hug and kiss (unless your a bloke... I am not that way inclined) if you can make a better thought on it than I..


    Darren
    TP
    Signaller, author, father, carer.
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    First, I am a bloke so you can keep the hug/kiss. :rotfl:

    It's a scary thing to have to do, but he needs to start dealing with all this ASAP.

    At this stage it appears that none of the creditors have instigated any legal action, so threats of bailiffs are just scare tactics for now.

    Firstly he needs to get some free professional advice on his situation.

    [SIZE=-1]He can contact:
    [/SIZE] Most of those will go through his income/expenditure and debts and help find a course of action that will work for him.

    National Debtline are particularly good for advice on urgent situations such as bailiffs and threats from creditors, and their website is stuffed full of useful and practical info/factsheets/templates letters etc. Their phone lines are normally pretty busy though.

    CCCS and (as you know) Paylan run free DMP's, and he/you may be surprised by what will be accepted eventually. Definitely worth enquiring.

    In the end he needs to start talking to the creditors and explain his situation, and get as much free professional advice as possible.

    Get him talking to people like CAB, CCCS etc on Monday, so he can start getting things sorted. :)
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    Excellent advice from Fermi - I would just like to add the following:

    1. Since only one of his creditors (Lloyd's) is owed more than £750, none of the others can petition for his bankruptcy, and it is VERY UNLIKELY that Lloyd's will do so, given the initial costs, to Lloyd's. Therefore, the WORST that any of his other creditors can do is to obtain a CCJ, where he will have the opportunity to present his SOA, and request time to pay. The Court is unlikely to make him pay more than he can afford.

    2. I would suggest that he starts making 'token' payments of £1.00 per month, to each of his creditors, then TALK to one of the Debt Charities.

    3. The 'rent' figure seems a little high, in relation to his income, and given the fact that he is living with parents. Could there be a little flexibility here?

    I am sure that these will come up with a DMP to suit his circumstances.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Thanks again for all this.

    I am heading back over when he can be bothered to get up (I don't think he really cares now) and try to tackle this with phone calls and trips to the bank. It transpires that my mother has around £100 of his somewhere, so I will be using that to clear the Nationwide one can make token payments to the others.

    rog2: The rent has not been paid for months, it is the firgure that my parents expect but never get.
    Signaller, author, father, carer.
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    rog2: The rent has not been paid for months, it is the firgure that my parents expect but never get.

    That's more like it TP - MY son lives with us, and that's the sort of arrangement that we have. :rolleyes:

    Seriosly though, he is lucky that YOU seem to be worrying on his behalf. I hope you CAN sort things out.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • Personally, I think my mother will be putting him on the streets before he give two hoots about it....

    But anyway. Do you reckon that it will be easier on my side if I get him to complete a letter of authority and they deal directly with me in writing? I am wondering if I keep everything logged that way, IE paperworked, then I am going to get further, using the letter-templates off of the National Debtline website
    Signaller, author, father, carer.
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    But anyway. Do you reckon that it will be easier on my side if I get him to complete a letter of authority and they deal directly with me in writing? I am wondering if I keep everything logged that way, IE paperworked, then I am going to get further, using the letter-templates off of the National Debtline website

    That's ONLY going to be a good idea if he REALLY wants to get himself straight - it's a bit like giving up smoking - you need the willpower as well as good intention. So you need to be ABSOLUTELY sure that he will co-operate, and, by the looks of it, allow YOU to control his expenditure.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • I think the honest answer is even if he goes to Payplan he won't stick to anything....

    ... or even if the court declared him bankrupt to that matter.
    Signaller, author, father, carer.
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    I think the honest answer is even if he goes to Payplan he won't stick to anything....

    ... or even if the court declared him bankrupt to that matter.

    It sounds as if he needs a REALITY CHECK (otherwise known as a 'kick up the backside') before you can help him.
    ONE DAY he will realise that your intentions are for his own good.
    I wish you well.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
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