Words of wisdom from a bailiff

vardmac

I have just spoken to a bailiff after a warrant of execution was issued on me from the same court I was made bankrupt at in July. I explained that I was bankrupt and he said "no problem I will let them know, they will still come after you when you are discharged"

Have the rules changed?

fermi

No.

What was the debt?

vardmac

£2000 for a car loan going back to 2003.

I was under the impression that the whole idea of going bankrupt was to wipe the slate clean and start again.

Are there any circumstances where creditors can come after you for a debt after your discharge?

fermi

A very few types of debt aren't "discharged" by the bankruptcy.

Government Student Loans are one particular example. Some fines, payments/obligations under a "family proceedings" order, and some benefit overpayments still need to be paid. As do secured loan payments (mortgage etc) if you are allowed to keep the asset by the OR.

A car loan like this is history though.

Has a CCJ been issued on the debt, and was it issued before or after the BR order? Either way you should write to the court with a copy of your BR order (although it will be on their records).

If the CCJ has been issued since your BR then it can be struck out. If before then the BR order supersedes it and any WOE should be withdrawn.

You should also inform your OR of these erroneous proceedings.

Plus I would also write to the creditor again by recorded delivery with a copy of the BR certificate. That way if they try anything silly again in the future, you have proof they know about the BR.

vardmac

Incredible as it may seem this is not the only one where I am still being chased.

A CCJ was issued for this one back in 2005 and I was paying it off monthly up until the BR.

Cheers for the replies.

tigerfeet2006

Don't you just love their audacity