Awaiting DRO and Bailiff

alltaken

My partner is awaiting a DRO through national debt line and unfortunately their backlog means we likely won't hear from them until January!

The council have issued bailiffs for unpaid council tax with a liability order. I have asked the council to give my partner 'breathing space' and they have given 7 days (ending this Monday).

The council want income and expenditure for myself and my partner, the debt is not mine (I'm an undischarged bankrupt currently and had my liability removed as a result). Do I have to provide my income and expenditure to them also?

The council have also been advised that if she can't clear the debt before the new April year is generated in 2016 a payment arrangement will not be accepted, the Bailiff firm has said the same.

What do we do? Fill in the form? What about the impending Bailiff action? I'm struggling to see light in January if the DRO is granted and worry that 1 month is a very long time when you have a Bailiff banging on the door.

I have read that some people have produced a simple Affidavit to counter the Bailiff, something signed by a solicitor to say they have witnessed it, and wording to say that the belongings are all mine and not my partners (I'm not liable for this debt). Would this be wise?

My other immediate concern is my car. I have a letter from my OR stating the car is of no interest to them and is my responsibility (Proving ownership?) Could I perhaps send this to the Bailiff along with an affidavit to stop them in their tracks?

I need to gain my partner some time before the DRO is accepted declined.

Thank you!

DorisTrousers

Go somewhere else that can do a DRO quicker then. That would be my advice.

As ever, if bailiffs are not granted peaceful entry then they are pretty powerless, you could have an Aladdins cave of goodies inside but if you don't let them in then there is no need to fret about what they cannot take in the first place.. If the car belongs to you it is safe also.

fatbelly

I agree. Check if your local CAB has intermediaries who could act quickly. Partner should make a full list of creditor, reference, balance; have £90 ready to pay on the barcode; get an Experian report (£2) to give to the intermediary. It could all be done in one interview.

Herbie21

As has been stated above, the bailiff has no legal right to come into the property unless through an open door or by invite. Instead, the bailiff will be hoping that a motor vehicle can be seized but even then, (depending on the amount of the debt) he will not be interested in a low value vehicle.

Have you provided any evidence (for instance an appointment date etc with an advisor) that a DRO is planned?

Bailiff Advice Online

alltaken

Thanks all, I have tried explaining to both the Council and the Bailiff firm that a DRO application is pending, no success.

Made contact with the intermediary again today and they advised they hope to get to my partners application within the next 2 weeks.

Still prudent to try a different intermediary if within 2 weeks?

fatbelly

alltaken wrote: »

Thanks all, I have tried explaining to both the Council and the Bailiff firm that a DRO application is pending, no success.

That tends to make bailiffs more aggressive as they realise time is short to access your goods and put pressure on to pay. I advise my clients not to forewarn them but to let it be a nice surprise.

If bailiffs do manage to take control of goods, the DRO does not change that status and in theory those goods can be removed and sold.

Having said that, most councils and bailiffs do accept it's game over when the debtor gets a DRO

alltaken

I don't have a receipt for my vehicle but I do have a letter from my bankruptcy that the OR is not interested in my vehicle and it's my responsibility etc etc.

Would this letter be enough to prove the vehicle is not my partners if the bailiff starts inevitably sniffing around the driveway (Ilive in the country so parking elsewhere is a no go). I really don't want the hassle of liaising with the bailiff if he clamps or seizes my car. My partner can simply ignore the door until she hears regarding about the DRO.

Herbie21

alltaken wrote: »

I don't have a receipt for my vehicle but I do have a letter from my bankruptcy that the OR is not interested in my vehicle and it's my responsibility etc etc.

In most cases, the OR will exempt a vehicle if it is below a certain value. In the case of bailiffs, it is possible that the same vehicle COULD be exempt if it can be proved that it is NECESSARY in the course of employment. If exemption does apply, the vehicle must be valued at BELOW £1,350.

Unfortunately, there is a lot of nonsense on the internet about bailiff regulations and even more so about vehicles and employment. Although the following page from our website is very detailed, it is nonetheless accurate.

http://bailiffadviceonline.co.uk/index/motor-vehicles-clamping-anpr/bailiffs-i-need-my-car-for-my-business


Roughly how much is your car worth?

alltaken

Herbie21 wrote: »

In most cases, the OR will exempt a vehicle if it is below a certain value. In the case of bailiffs, it is possible that the same vehicle COULD be exempt if it can be proved that it is NECESSARY in the course of employment. If exemption does apply, the vehicle must be valued at BELOW £1,350.

Unfortunately, there is a lot of nonsense on the internet about bailiff regulations and even more so about vehicles and employment. Although the following page from our website is very detailed, it is nonetheless accurate.

http://bailiffadviceonline.co.uk/index/motor-vehicles-clamping-anpr/bailiffs-i-need-my-car-for-my-business


Roughly how much is your car worth?

I appreciate the response but think you may have misread my post, Im BR and my car is exempt. The bailiff and DRO relate to my partner, we live together and my car is parked on our driveway, the bailiff may assume the car is my partners.

I have a letter from my BR stating the car is mine etc etc as per the norm if car is below a certain value. Would this letter be proof enough that the car is not my partners?

fatbelly

Herbie/OP

My understanding is that you have a letter from the OR stating that your car (presumably reg number quoted) is exempt property in your bankruptcy.

That seems pretty clear that, irrespective of other considerations, the car is not your partner's goods and cannot be taken control of in relation to her debt.

As you know bailiffs can be pretty dim and any car in the area might get clamped if they come around. So it's still a good idea to keep the car some distance away (private land if possible) and laugh at them through the window.

I hope your partner gets this through before Christmas.