Help Remaining Calm

KnittaPlease

I'm currently sitting at home awaiting a bailiff visit and my anxiety levels are through the roof. I suffer from bipolar disorder, with severe depression and anxiety and am dreading them visiting.


I called the bailiff this morning explaining my mental state and advised that I am in contact with Stepchange with a view to sorting out a DMP but he is still insistent he will be attending. This is not my house - I live with my mother and own nothing of value (even the crappy laptop I'm using is my mothers - and that is held together with electrical tape).


Stepchange have advised me what to say and do when the bailiff arrives, it's just this waiting that is making me feel terrible.


This is more of a vent really, so if you read this - thanks.

hanb

I didn't want to read and run so I'll just say you've done the right thing by talking to Stepchange.


I'm sure someone else will be along and will confirm what, I imagine, you already know.


But please try and relax, don't make yourself feel worse by worrying. You've got advice, you know how to deal with the situation, you'll be more than ok


Good luck x

Aquamania

KnittaPlease wrote: »

I'm currently sitting at home awaiting a bailiff visit and my anxiety levels are through the roof. I suffer from bipolar disorder, with severe depression and anxiety and am dreading them visiting.


I called the bailiff this morning explaining my mental state and advised that I am in contact with Stepchange with a view to sorting out a DMP but he is still insistent he will be attending. This is not my house - I live with my mother and own nothing of value (even the crappy laptop I'm using is my mothers - and that is held together with electrical tape).


Stepchange have advised me what to say and do when the bailiff arrives, it's just this waiting that is making me feel terrible.


This is more of a vent really, so if you read this - thanks.

When you say 'bailiff', what sort of bailiff is this?

i.e. is it a court appointed bailiff coming to enforce a judgement that has already been made against you by a court?

If not, ignore and carry on.

If it is, what type of court appointed the bailiff? e.g. county court?

A Debt Management Plan (DMP) is not a formal legally binding agreement. As such it cannot overturn the payment you have already been ordered to make by the court.
However, you should have been given the opportunity at the time to arrange a suitable, affordable repayment plan with the court, if you were unable to pay it in full at the time.

Now that enforcement action has been necessary, and the appointment of a court bailiff, additional fees will be added to the original judgement.

The bailiff will want to recover the money you owe under the court judgement (plus allowable fees), but if you really can't pay and can prove you have insufficient assets that would cover the debt if sold at auction, the the bailiff should attempt to work with you to establish a realistic and fair, affordable repayment plan.
The creditor is not obliged to accept such plan, but that will depend in part on how the bailiff tries to 'sell it' to the ccreditor, and that itself will probably depend on how you co-operate with the bailiff when he or she arrives.

Edit: Just a thought. Would you be better suited with an IVA, especially as you are not a homeowner?
An IVA is a formal, legally binding debt solution and you could probably include a court judgement against you within that. I'd be a little surprised if StepChange has not already discussed that possibility with you, but if not, ask them about it.

KnittaPlease

Thanks for the messages and reading. The enforcement officer has just attended and I spoke to him in his car. We have agreed a payment schedule, and thankfully he was extremely reasonable face to face. I am literally crying with relief.


Speaking to Stepchange and reading through pages and pages of documentation, I think that bankruptcy may well be the best option for me, as my debts are over £15K.


Will be discussing with Stepchange soon.