HELP ! recently bankrupt - BAILIFF COMING TOMORROW!

dreamon_3

Hi, posted before about my woes. Thanks to Rog2 and others for the previous advise. I will be back with my tale of events asap when the dust has settled and I can reduce my drug intake to get me through this nightmare.

Can anyone give me urgent advise. I was made bankrupt at the high court just before christmas - not a very nice xmas present and my interview is scheduled for next week - not looking forward to that very stressed out about it - anyhow - problem for the day ..... COUNCIL TAX -- owe council for this year's tax, it has been passed to their 'lovely' bailiffs, I have tried just before BR to arrange a payment plan with them but they wanted it paid within 10 weeks and that was not possible. I gave them a token payment and sent them expenditure sheet etc. They have now contacted me to advise that must have payment now within 8 weeks. I contacted them to advise that I am now BR and that I will inform the OR of the debt, they said basically 'tough - not interested we will be sending a bailiff round to remove possessions tomorrow!! and please be present:eek: '


What do I do now - lock up the house and sit in Sainsbury's car park and wait till they have gone or face them. Do council tax debts not become part of the BR order ?

What a mess

Any advice please

Thanking in advance

LesleyL_2

hi dreamon

my understanding after speaking with CAB about my own situation is that you do not have to let them in but hopefully someone with more knowledge will be around in the morning to offer more definite advice

it's hard to sleep with worries such as these but best try and be fresh for the morning so you can make good decisions whatever is ahead of you

wishing you well
Lesley

dreamon_3

Thanks Lesley, I will hide in the loft until they have gone, god it's like being at war and hiding from the enemy:mad:

More sleeping tablets tonight , next stop the Priory, do they take Bankrupts ?


Thanking in advance for any advise

wherediditallgo

Hello,

Don't let the bailiffs in under any circumstances, & don't leave any doors or windows open or unlocked as they could use these to gain peaceful entry into your home. Make sure the car is either locked inside a locked garage or is far enough away from your home that the bailiffs won't see it & try to take it. If the bailiffs actually turn up, either talk to them through the letterbox or don't talk to them at all - don't be drawn into opening your front door at all. You can look at this site to get info about what bailiffs can & can't do.

In the morning, ring/fax the council & give them details of your BR case - you can just read them the details from your BR order, you don't have to actually give them a copy of the order. Do the same with the bailiffs - if the bailiff company ask you if you are at home at the moment, say no & if they want to call you back give them a mobile number on which to do so. Ring/e-mail your OR to let them know that the council are still pursuing you over a debt that you thought was covered by your BR order (you could e-mail them now if you feel up to it, & mark it urgent) - ORs have to inform all creditors of your BR status within a set period of time, & it may be that the Christmas & New Year break has delayed your council being informed of your situation. Either way, your council & the OR need to be made aware of what's happened asap, & the council won't know to call off the bailiffs until they are made aware that you are BR, Good luck.

tigerfeet2006

Best of luck with it all. Just do as WDIAG says. Hopefully that will sort it.

dreamon_3

Thank you all for your replies. Info taken on board and I will not be opening doors to anyone! I need to start digging a tunnel so that my family can have access to their home:eek:

Update : Bailiff is due to come at 11.00 (I'm hidng upstairs on the PC:eek: ). I have phoned both the council and the OR offices and BOTH :mad: said that they would look into it and get back to me :huh:, though the bloke I spoke to at the council said that I still had to pay and that I should be dealing with the bailiff about this ???? I said that it is now being dealt with by the OR - but to be honest I don't know if council tax can be covered by a BR order? so I might be talking rubbish ?


Does anyone know if council tax is covered by BR order ? and if it is does the OR tell them to leave me alone?

robpw2

dreamon wrote: »

Thank you all for your replies. Info taken on board and I will not be opening doors to anyone! I need to start digging a tunnel so that my family can have access to their home:eek:

Update : Bailiff is due to come at 11.00 (I'm hidng upstairs on the PC:eek: ). I have phoned both the council and the OR offices and BOTH :mad: said that they would look into it and get back to me :huh:, though the bloke I spoke to at the council said that I still had to pay and that I should be dealing with the bailiff about this ???? I said that it is now being dealt with by the OR - but to be honest I don't know if council tax can be covered by a BR order? so I might be talking rubbish ?


Does anyone know if council tax is covered by BR order ? and if it is does the OR tell them to leave me alone?

councils can force you to go bankrupt but i believe the payments still need to be made

http://www.insolvencyhelpline.co.uk/bankruptcy/bankruptcy-explained.htm

this site explains it all

Richard_S

Hi dreamon,

Outstanding Council Tax up to the date you are declared bankrupt is included in your bankruptcy. The problem is that so many Council officials think they're above the law and that the rules don't apply to them; bailiffs seem to be just as bad.

You aren't supposed to have contact with creditors, and any communication should be through your O.R. What you should be doing is putting pressure on your O.R to get the Council to call the bailiffs off. I would also continue to ring the Council and try and get them to desist from any further action.

If you paid them, you would actually be showing fraudulent preference to creditors, and for them to take your assets is also fraudulent.

Keep us informed as to what happens,

Regards

Richard

dreamon_3

11.46 no one has turned up yet - ive had a look out the window and it's all quite on the western front. Council and OR have still not rang back I will give them another couple of hours so they can have their lunch

Thanks for info and links, god it's all makes depressing reading though - deep sigh :sad:

tigerfeet2006

As they have issued a ccj then that makes the debt provable so is included in the petition for BR. That's my reading of it anyway.

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/part6.htm

Richard_S

tigerfeet2006 wrote: »

As they have issued a ccj then that makes the debt provable so is included in the petition for BR. That's my reading of it anyway.

http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/part6.htm

Hi tigerfeet,

I knew it was included up to the date of bankruptcy but couldn't find the link; the following part from the link you posted is unequivocal:

Council tax is charged on a yearly basis from 1 April each year URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#1"][U][COLOR=#0000ff]note 1[/COLOR][/U][/URL but the liability to pay council tax is determined on a daily basis URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#2"][U][COLOR=#0000ff]note 2[/COLOR][/U][/URL. The billing authority is required to make a demand for payment of the council tax separate to the notification of the amount of council tax and the tax becomes due when that demand is made but most council tax payers agree a statutory monthly payment scheme for payment of council tax URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#3"][U][COLOR=#0000ff]note 3[/COLOR][/U][/URL. Any amount due and unpaid under the instalment agreement prior to the insolvency order is an unsecured debt in the proceedings URL="http://www.insolvency.gov.uk/freedomofinformation/technical/TechnicalManual/Ch37-48/chapter40/part6/Notes/Notes.htm#4"][U][COLOR=#0000ff]note 4[/COLOR][/U][/URL. If the bankrupt's council tax is up to date under the installment agreement at the date of the bankruptcy order no amount is provable in the bankruptcy as it relates to future occupation of the dwelling.