Missed Bristow and Suter payment, how long till bailiffs come?

elljay

I may have to miss a payment to Bristow and Suter enforcement agents next week as I need the money towards bankruptcy fees. How long till they send the bailiffs round - does anyone know? My only asset is my car. I owe around £1000 now and have been paying £200 a week. I was hoping to file next week but am still waiting for one creditor to sort themselves out so can't till probably the following week now.

I'm really worried that in the meantime, they turn up at the house or clamp my car or something.

Can anyone advise what the process is after a missed payment and timescales?

Thanks

[Deleted User]

Is there a CCJ in force, for the debt?

elljay

It was passed to B & S for outstanding business rates by the council so has been through various recovery stages including court so I'm assuming so. Sorry I'm not sure of all the different levels (default, CCJ) of things, I just knew that along with other debts and bills from now dead business I couldn't pay so while I appealed and asked for more time etc as much as I could, it was passed to B and S as the final stage. I just don't know the time frame for collecting assets, is it one day after failing to pay? One week? One month? I don't know how to find out. The documentation I have just says that failure to pay will bring the bailiffs but I have no idea of time frame.

Thanks

Herbie21

elljay wrote: »

I may have to miss a payment to Bristow and Suter enforcement agents next week as I need the money towards bankruptcy fees. How long till they send the bailiffs round - does anyone know? My only asset is my car. I owe around £1000 now and have been paying £200 a week. I was hoping to file next week but am still waiting for one creditor to sort themselves out so can't till probably the following week now.

I'm really worried that in the meantime, they turn up at the house or clamp my car or something.

Can anyone advise what the process is after a missed payment and timescales?

Thanks

Depending on your response I could have good news for you. Can you let us know whether the non domestic rates bill is in your personal name/trading name (as opposed to a Limited Company).

Second, new bailiff regulations came into effect on 6th April. Did Bristow & Sutor take any enforcement action before 6th April and if so, what fees were charged?

What action has been taken after 6th April and again, what fees have been applied.

Your answers are very important given that there is a very important clause within the NEW regulations that would assist you greatly given that you are facing bankruptcy.

PS: A Liability Order for unpaid council tax or non domestic rates is authorised by the Magistrates Court and does not get recorded as a CCJ with credit reference agencies.

elljay

Thank you. B & S became involved after April and the liability order is dated July 2014. The amount was subsequently revised down after I rang the council to tell them the property was empty and the landlord had taken back the lease. There's now £1200 owing, £200 to be paid per week.

I have made an appointment at court to file for bankruptcy next Friday morning hoping I can use the payment due to B and S tomorrow and that Friday for my fees, so 400 in total plus £305 that I will have..

I have now frightened myself by reading that if a liability order is already in force before going bankrupt, that money owed can't be included in the bankruptcy and so B and S will still send the bailiffs round. If they take my car then surely that's preferential treatment and not allowed. That's the only asset I have and I'm prepared for the OR to take it if s/he decides - but not B and S. It's possibly worth as much as £3k. (I have nowhere to hide it as I live in a remote location and if I leave it at the nearest village I can't get to work.) If that's the case, then I'll have to pay B and S and delay my bankruptcy and I'm really not sure my health will stand it - I don't know where my strength is coming from at the moment, as well as this, I have elderly ill relatives, friends and other family depending on me and my constant companion darling dog is on its last legs.

Some B and S fees are included in the £1200 - not sure of the exact amount as the council website and B and S figures aren't the same, I'll need to clarify that or possibly the OR will. That and the state of my credit file are a bit academic really, I couldn't care less if I can just get a decent night's sleep, not work full time and a half as well as any other paid work that comes along, and not constantly feel my heart pounding!!!

Forgot to say, all business debts in my name as sole trader.

Thanks for any advice.

EJ

antonic

The minimum fees set by The Taking Control of Goods Regulations 2013 are :

Fee 1 letter - Notice of Enforcement £75.00

Fee 2 Letter - £235 and 7.5% of any debt over £1500 then

Fee 3 Letter - £110 and a further 7.5% of any debt over £1500.00

Once the Fee 1 letter has been issued they have to wait 7 days before the Fee 2 Letter can be issued.

At the Fee 2 stage a Bailiff will visit and list any assets (that can be removed) for removal - this is when further charges arise - you then have 5 days to pay everything including the charges.

After 5 days, the Bailiff can then attend to actually remove the goods (Fee 3 stage), you will then include further costs including paying for the goods to be removed.

Here is a link to the legislation
The Taking Control of Goods Regulations 2013

elljay

Many thanks, most helpful.

EJ

longtermplanner

elljay wrote: »

I was hoping to file next week but am still waiting for one creditor to sort themselves out so can't till probably the following week now.

I don't understand why you have to wait for a creditor to go bankrupt. It doesn't matter if you don't have a completely accurate figure for the size of one debt on the bankruptcy forms. It doesn't even matter if you leave a debt off the forms!

fatbelly

This sounds like its getting overly confusing. If you have the fees (£525 plus £180, assuming no remission) and have completed the forms (even if one balance figure is an estimate) then phone the court and ask when you can come in.

If the non domestic rates bill is in your personal name/trading name then it's fully covered by your bankruptcy. You just need to get on with things.

elljay

Thanks. I already have an appointment for next Friday. The issue of the prior liability order is a recognised grey area however and whether the debt is called in apparently varies from one council to another. I think I'll have to take a chance.

Edited to add, I have now been advised that in fact this debt can be chased until your actual discharge so not as straightforward. Some councils pursue and some don't. Like others, I assumed it would be included in the bankruptcy, but it seems not.

As I said, I have now gone past the point of no return and will have to take a chance.