Urgent help please regarding bailiffs and bankruptcy

Straz

I have recently been declared bankrupt. I was a minority partner in a Business Partnership, with no access to bank account or accounts. I was surprised with the amount of debt and in particular Business Rates.

I petitioned for bankruptcy recently, which was approved. However, Bristow & Sutor do not seem to care and wish to carry on with Enforcement.

There has been no levy placed on my goods and everything I have was declared to the OR. Here is the email from them after I sent them my bankruptcy order:

We understand that you have been made bankrupt and you may believe this stops enforcement action but
this is not true. You should refer this email to your trustee. Refer them to sections 9.102a, 9.103 and 9.109
of the Insolvency Service’s technical manual.
Under the terms of the Insolvency Act 1986 347(8) and (9), we are still able to enforce this debt by taking
control of goods after the making of a Bankruptcy Order.
Although you cannot pay the balance of £18,739.41 yourself, we can accept payment from a third party,
provided it will not otherwise have formed part of the bankrupt’s estate. In view of this please contact us by
15/03/2019 to arrange payment of this debt, to prevent the removal and sale of your goods at public auction.

What should I do? I live with my parents, and my personal belongings only equate to a few £100.

Any help would be greatly appreciated.

Momofthree_2

Phone the OR as soon as possible. Dont communicate with balliffs or anyone regarding this until you have. Have their details ready ti give to OR. Good luck.

WhenIam64

Best to read the Act first

https://www.legislation.gov.uk/ukpga/1986/45/section/347

and then the manual

https://www.insolvencydirect.bis.gov.uk/technicalmanual/ch1-12/Chapter9/part6/part_6.htm

Seems like it is an issue of debts incurred in relation to a business, so more information is needed.

ToxtethO'Grady

Speak to Business Debtline 0800 197 6026 www.businessdebtline.org.uk as this is Commercial Rent Arrears Recovery (CRAR)


https://www.businessdebtline.org/EW/information/Pages/Debt-types-business-rent.aspx


https://www.businessdebtline.org/EW/factsheets/Pages/commercial-property-leases/commercial-lease-arrears.aspx

sourcrates

If it was a personal bankrupcy, they cannot force entry to private property, if it was a buisness bankrupcy, and your home is listed as a buisness address, then they can force entry and remove goods.


Of course this is pointless if you have nothing, they won`t want to be taking goods anyway, they will attempt to coerse you into getting a 3rd party to pay the debt for you, you must (depending on type of bankrupcy you have) either deny them entry full stop, or catagoricaly refuse to involve any 3rd parties in this matter.


Just keep refusing.


Have you contacted your OR yet as advised previously ?

Straz

I attempted to contact my OR - I left a message but have not heard back. I also contacted Business Debtline, they referred me to section 9.109 which states that continued action is subject to restrictions, which in this case apply. For example, they would have had to have had a controlled goods agreement in place within 3 months of the order being made, which they haven't. So if they come, I will just refer them to my OR.

Thank you for taking the time to answer.