Can bailiffs take control of goods after bankruptcy application has been mate?

Tombo86

Hi everyone. I'm been saving up to go bankrupt however I received a letter today from the bailiffs saying they are going to take control of goods etc. The letter say's I'm in my compliance period however, as they do, they have pre-dated it so the letter has actually arrived 3 days after my compliance period.

In a panic, I have borrowed some money from a friend to complete my application and it is now submitted. They say it can take up to 28 days for them to make a decision but I was wondering if there's anything I can do in the mean time? Do they usually make a decision quickly? Is a bankruptcy application enough to stop bailiffs seizing goods? I need my car for work etc (worth less than £1000) and I don't have anything else of value. The only things I do have is my exes belongings as we recently separated and she is just sorting out a new place to live.

I'm nervous as hell and really hoping this application goes through quickly. Unsure what else I can do.

All the best,

Tom

Tombo86

I also thought it was worth adding that my landlord has given me until the 13th December to vacate the property due to them selling it (nothing to do with money, I've been a perfect tenant). At the very least, if I can survive until then I will be fine during the remainder of the 28 days.

Do bailiffs have to give notice that they are paying you a visit? If they just turn up can they take goods on their first visit?

debt_doctor

Hi,

Most bankruptcies are approved within 2 or 3 days. Bailiffs can in theory continue to try and seize goods, but doesn't work in practice. Just keep your doors and windows locked and dont let them in - they only have a power of peaceful entry. Hide your car - park it a couple of streets away.

I presume you have somewhere to go when your notice expires?

DD

Tombo86

If it takes 2 or 3 days that should be fine then as I can always refuse them entry to the property and like you said, keep my car out of the way.

Unfortunately I'm technically going to be homeless when I leave this place. I have no family who can take me in however a farmer I know is kindly letting me stay in my friends caravan on his land for the time being while I weigh up my options.

Big thanks for the quick reply. I'm looking forward to putting this all behind me.

debt_doctor

Once the notice expires from the landlord, you can choose to remain there if you wish. The landlord would then need to apply to court to obtain possession of the property. In my area this would take about 6 weeks.
At the hearing possession would be granted - usually to leave within 14 days.
If you remain there after 14 days, the landlord has to apply back to the court for a warrant to evict you. Once this is granted you could be evicted within a couple of days if they use private bailiffs or typically about a month if the use the County Court bailiffs.

I presume a s21 Notice was issued to you = often referred to as a no blame eviction.

The costs of the above would be awarded against you - but they would be bankruptcy debts.

So its a case of what you want to do - hold out and remain in the home as long as you can - or get in to the caravan sooner.

DD

debt_doctor

If you intend to remain in the home, you must inform your landlord - otherwise they may assume youve gone and change the locks - they cannot do this if you inform them, and illegal evictions are a very serious criminal matter.

DD

Tombo86

I have no intention of staying past what I'm due as they are selling the property out of necessity. I was hit hard by the Brexit vote (exchange rate crash) and got in to massive debt trying to keep my family business afloat. Their business was also negatively effected by the vote which is why they have to sell. Seeing as they are in a similar situation to me I can't in good conscience stay past my welcome. They gave me 5 weeks all in all and my tenancy agreement comes to an end on the 13th also. I don't think they are doing anything illegal and have a legitimate reason for wanting us out.

The whole "homeless" thing seemed a bit "woe is me" but I really don't feel that way. I'm healthy and I will have a roof over my head while I get myself sorted. There's a hell of a lot of people worse off than me and I'm in no way feeling sorry for myself. All I'm trying to do is get through day by day and come up with solutions to my problems and unfortunately my latest problem is the impending bailiff action haha. I have been here before however it was at my shop so peaceful entry was as simple as them walking through the front door like any other customer. It's a little less complicated with locked doors and windows I hope. I'm assuming that if they come knocking I should just ignore them? I know in the past if I haven't been in they have left a note giving me notice of the intent to remove goods etc. This should give me time for my application to go through and possibly I might not even be here all being well.

Sorry, gone on a bit of a ramble there. So much for relaxing after work haha.

debt_doctor

Yes, you can ignore then if you wish - if you get caught in conversation with them (bearing in mind to keep that door locked - I find holding a mobile phone to them on record makes them stop spouting their normal lying none sense, and tends to make them leave quickly when you say you're not coming in!

Good look with everything.

DD

Tombo86

Thanks a lot for the advice. It's much appreciated =]

I quickly realised that they do not operate within the law when I first dealt with them. I wish I knew then what I know now. They really are the absolute scum of the earth. I understand that debts should be paid etc but not everyone is in a bad place because they were irresponsible. Sometimes it's just circumstance that led them to hardship.

AnotherJoe

Tombo86 wrote: »

Thanks a lot for the advice. It's much appreciated =]

I quickly realised that they do not operate within the law when I first dealt with them. I wish I knew then what I know now. They really are the absolute scum of the earth. I understand that debts should be paid etc but not everyone is in a bad place because they were irresponsible. Sometimes it's just circumstance that led them to hardship.

Does that mean they should only pay their debts if they were irresponsible?

Otherwise they get a free ride? If not whats your point?

Tombo86

No not at all. What I was trying to say (badly) is that when you are in debt you are treat like crap by a lot of people and organisations. I've had bailiffs be incredibly disrespectful towards me and talk to me like I'm not even human. I believe this is because of the assumption that people in debt are there because of poor life choices, drugs, alcohol, gambling etc.

So my point was that even though some of us are in debt and going bankrupt we shouldn't be thought of any less than the next "successful" person. 3 years ago I was successful and well respected but I fast learned that one thing, no matter how unlikely you think it may be, can change all that. Count your blessings whether they be health or wealth because it can be taken from you in an instant.

So what's your deal Joe? Do you just like kicking people when they're down or would you like to offer some advice? This sub forum is called "Bankruptcy and Living With It" and to be honest, your comment isn't helping with the "living with it" part after I just made one of the biggest decisions of my life.