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

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  • System
    System Posts: 178,434 Community Admin
    10,000 Posts Photogenic Name Dropper
    You don't get in debt because you've made good life choices. Whilst there are the very very few exceptions where something catastrophic has happened to a person through no fault of their own such as a major RTA which leaves them incapable of working and losing everything, pretty much every other case is down to bad decisions made by the debtor. Every tenner you're short today is guaranteed to be because of a tenner you wasted in the past.

    You don't need to have done drugs, booze or gambling to end up in serious debt, my parents managed it through making the most insane financial decisions which they've done as long as I've been on this earth and continue to still do to this day now they're retired. As a result they've lost two houses and been bankrupt three times.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Tarambor wrote: »
    You don't get in debt because you've made good life choices. Whilst there are the very very few exceptions where something catastrophic has happened to a person through no fault of their own such as a major RTA which leaves them incapable of working and losing everything, pretty much every other case is down to bad decisions made by the debtor. Every tenner you're short today is guaranteed to be because of a tenner you wasted in the past.

    You don't need to have done drugs, booze or gambling to end up in serious debt, my parents managed it through making the most insane financial decisions which they've done as long as I've been on this earth and continue to still do to this day now they're retired. As a result they've lost two houses and been bankrupt three times.

    so being made redundant is a bad life choice? having a family member diagnosed terminally ill is a bad life choice? onset of mental health issues is a bad life choice? plenty more examples, but not the time to put them all down

    sorry, but your argument that ""VERY VERY FEW CIRCUMSTANCES"" is your opinion, not a truth
  • 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

    why would you want to have on top of a bankruptcy, an eviction from a rental property on your record? wont be able to rent privately again
    in my opinion, some really bad advice, as the OP has stated he has somewhere to go for now
  • I read Debt Doctors post differently, he was giving out information and how the process works.
    I do not believe any advice was given.
    Also I am sure B.R on your file is as bad as it gets...just my take on it.
  • Enforcement agents can only take goods after insolvency if the CGA (Controlled Goods Agreement) is already in place. If you've let them in and they've given you a list of goods.


    If not, as Debt Doctor says, door locked, park your car away and make the creditor aware of your BR being approved as soon as possible. Some bailiffs won't back off until the creditor tells them so always a good idea to tell them and the bailiffis. Screenshot of the insolvency register to send to both of them.
  • Herbie21
    Herbie21 Posts: 562 Forumite
    Tombo86 wrote: »
    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.

    You have not stated what the debt relates to (council tax arrears, unpaid penalty charge notice, magistrates court fine etc). Just be a little careful if the debt relates to an unpaid PCN.

    I say this because it is the ONLY debt where the vehicle registration number of the car involved in the contravention.....is listed on the warrant of control !!!

    It is for this precise reason that many road traffic debts are enforced by way of the enforcement agents ANPR equipped vehicle. If you are considering 'hiding' the vehicle in a side street for example, you risk it being located by ANPR.

    Just be aware.....
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