council tax and bailiffs

Djem6

Good morning ,
Hmrc will be bankrupting myself and husband on 23rd November , it will be a huge relief for us after struggling for the past 5 years , we have 2 liability orders for council tax with 2 different bailiff companies, for this year and last years council tax , both years were only partially paid . We have had a visit this morning from one of these companies , we refused to let them in and they wrote down my sons car registration, my question is will these liability orders be included in the bankruptcy or will the bailiffs still be able to keep visiting the house to collect goods afterwards, they have never been in the house and we have never signed anything . I have looked round the internet and can't seem to find the answer. Can anyone help with this?

HappyMJ

Djem6 wrote: »

Good morning ,
Hmrc will be bankrupting myself and husband on 23rd November , it will be a huge relief for us after struggling for the past 5 years , we have 2 liability orders for council tax with 2 different bailiff companies, for this year and last years council tax , both years were only partially paid . We have had a visit this morning from one of these companies , we refused to let them in and they wrote down my sons car registration, my question is will these liability orders be included in the bankruptcy or will the bailiffs still be able to keep visiting the house to collect goods afterwards, they have never been in the house and we have never signed anything . I have looked round the internet and can't seem to find the answer. Can anyone help with this?

You need to make the OR aware of all debts including liability orders. They will be part of a Bankruptcy. If the enforcement agent (EA-formerly a bailiff) has taken control of the goods then you could lose them to the EA but as you say you've never let them in so you will be okay. If your son's car is owned and kept by your son and you are the one going bankrupt then the EA cannot take control of property not belonging to you. You'll need to make the EA aware that it's not your car before they do tow it away.

Djem6

Thank for for your reply, I hoped that was the case but had read that once they had a liability order they could keep returning to try to collect goods ! I have a few other questions but will post separate questions for those , My head is in a whirl and although we will be relieved when the day comes we are terrified of what comes after with the OR , thanks again .

Herbie21

Personally, I would suggest that you write to the enforcement company to advise them that on 23rd November you are being made bankrupt by HMRC and that you will be including the Liability Order as a creditor in the B/R.

Inform them as well that they have recently visited and attempted to take control of your sons vehicle but that this car does not belong to you.

I would suggest sending a copy of the V5c as evidence.

Bailiff Advice Online.

Djem6

Thank you for your suggestion, I did think of doing that but I was worried that if I told them of our upcoming bankruptcy they would up the pressure to get something out of us in the 3 weeks they had left , and would be visiting more frequently !

tiggerbodhi

Hi,
Unlikely if they would pressurise you more, in my case the collection companies basically gave up as any full on enforcement action they could take would take more than the time they had left.


Also I believe if they did secure a lump of money from you it would be seen as preferential treatment for one creditor, in these cases the OR can ask for the money back from them.


If they do come back refuse entry, not even a foot over the threshold, one trick they use is that they need the toilet and could they pop in a use yours, if you leave them at anytime on the doorstep shut the door properly on them, or borrow a large snarly dog, most bailiffs hate dogs.


No need to be terrified after the BR and the OR, rarely is the OR an ogre, they are just doing their job and want to enjoy it and go home happy like the rest of us, the relief you will feel once it is all over is very tangible.


Good luck!

tigerfeet2006

Djem6 wrote: »

Thank you for your suggestion, I did think of doing that but I was worried that if I told them of our upcoming bankruptcy they would up the pressure to get something out of us in the 3 weeks they had left , and would be visiting more frequently !

In this case I think it would be good to follow Herbies advice, they are a very knowledgeable in this subject.

Djem6

Thank you again for taking the time out to reply to me , I just can't wait for it to all be over now .

DorisTrousers

This hasn't happened in this case, but it is worth noting that BR is the only form of insolvency that could deal effectively with a Controlled Goods Agreement, formerly called a Walking Possession.

Whilst I have never seen a CGA enforced after a DRO, technically it could be, and the same goes for IVA as well, no guarantees.