Question about bailiffs, debts and etc.

TwistedPsycho

Well I have just spent 2 hours trying to sort this stuff out and he is not co-operating I just give up now...

I can not cope any more of spendinf 10 hours running trains, getting 4 hours sleep, dealing with him and going straight back to my big trainset.

He does not care, he is happy to go to court, which one creditor will do on July 20 if he does not sort his act out.... he has even put all his stuff on ebay to sell and squander the proceeds of before the bailiffs arrive.

So it does finally come to me re-asking the first question of the thread. If the bailiffs do ever arrive, is it their job to prove property is his, or ours to prove it is not? My mother has already promised that he will be living on the streets by the time before he even gets to court, but the question must be asked.

RAS

Hi

He is only getting £180 but he is not paying anything for his keep and has not paid his debts? And he has very little to show for it.

So what is he spending it on?

it may be that the core issue is more round booze, gambling or drugs than debt?

Also, advise him to check the BK site before he sells stuff.

Basic computers and stereo etc are unlikely to be seized if he goes BK so he could be selling them needlessly.

If they really are expensive and the sort of thing the OR would be interested in, then selling them prior to BK could get him in a lot of bother unless he uses the income to pay his debts. Does he really want a BRU/BRO order as well?

TwistedPsycho

Hi RAS,

Like I said previously, I don't think he cares anymore, this all stems from a high maintainance girlfriend from over 4 years ago

RAS

Now that is depressing. Unfortunately there are a lot of people here who have been left with debts following relationship breakdowns, often nearer 30K.

If you could

a) get hi to pay £1 a month to each of them
b) possible get him to seek support via his Gp or Samaritans (they do a really good e-mail service that a lot of blokes find easier to handle).
c) chase his redundancy fund up

And get him on here if he will, as this is sortable.

reformedEffortMaker_2

twistedPhysco, does your sister have a lock on her door?
I have seen warrants from a judge which strangely stated that the bailiff was allowed to remove any items of value in the property, even communal areas, however the bailiff was to do so, without forcing entry into any of the communal areas
So, the TV/stereo in the living room is likely to go, but your sister's laptop should be safe if it locked away in her room.
As well as all the advice above, I think you need to encourage him to get down the jobcentre and start hunting!....the longer he is out of work, the harder he is going to find it...

Good Luck!

TwistedPsycho

Thats not good news.... There is no way to lock the lounge for a start!

RAS

Hi

Pleease bear in mind that they have to get a court order before the bailiffs can call, so you have lots of time.

Right now if all your bro's creditors take him to court and he does his SOA and they all get a CCj against him, he will have to pay each of hem £1 per month. As long as he keeps paying that, they cannot take him back to court.

Only if he fails to pay and they take him back to court, can they ask for the right to send in the bailiffs. And then, they can only enter the house if your bro lets them in.

So this is a long way off.

if you get a letter re bailiffs sent by a court, worry. If you get a letter re bailiffs sent by a DCA or solicitor, do not worry.

TwistedPsycho

RAS:

That is the best news I have heard all day... and being as I only had 4 hours sleep from my night shift to heading out to the parents house, I have had alot of the bad stuff.

Thank you!

RAS

Am glad to have helped. At least you can sleep better tonight.

This is why Rog and I both sugggest that you get £1 a month payments set up to each of the creditors.

If he is seen to be making any sort of token payment whilst he is on benefits, they know there is no point pushing it as they will only get £1 a month if they take him to court and it is not worth the court costs.

That will not stop them sending him threatening letters, but as long as he fills in any SOA sent by a DCA or a court, things should be OK.

Which is why he needs to get his head out of the sand and sort it. if he does that, life will be so much nicer and kinder.

rog2

Hi TP - It seems clear that some less than scrupulous Debt Collection Agency is trying to frighten your brother and you by making intimidating threats regarding bailffs, bankruptcy etc.
This is nothing new - most of them do it, fully aware that the majority of alleged debtors are unaware of their rights, under law, and will do anything to avoid their implied threats.
Perhaps you would be happier if you look at the following link, which tells you exactly what Debt Collectors/Bailiffs can and can not do:

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289