Help please bailiffs on way!

Starrunner

Hi guys.

need a bit of helpful advice from you all..

to cut a whole long story quite short.. a year and a half ago, my marriage broke down.. mainly due to money problems.. simply my husband wouldnt assist in paying our mountains of debt ... (he'd get paid and spend it all saying he earnt it, it was his money to do what he wanted with.. and disregarded day to day bills let alone loans and CC debts) and he had a shopping addiction.. buying new gadgets.. selling them a week later to friends for less than half the price..

so in July last year our house was repossessed.. and we went on our ways.. i moved in with friends and he was living with friends here and there but just over 2 months ago I lost contact with him when i heard he lost his job.

I am currently paying just the arrears on our council tax ( a joint debt but they found me not him so its all on me ) of £200 a month and have paid small lil utility bills when the trek me down.

Overall the bigger debts sum up to about £40k. I moved out of my friends house about 6 weeks ago with a new partner. he just bought a house for us to start our future. I brought my dog, my clothes and an old washing machine and few kitchen utensils but nothing much.. with all the debt that my ex put us in.. i have nothing to show for it.

I have just been handed 2 letters from the old house i lived at.. seems they have tracked me down .. and it looks like its halfway through an order which has now been issued through the courts to recover goods to the value of one debt (£6k). the last letter was delivered through the door by a bailiff at my friends who saw the man deliver it but didnt answer the door. They know the problems im in and understand but obviously dont want any trouble at their home. The last letter which was delivered yesterday advises a bailiff is going to call in a removal truck in the next week to collect goods.

I now need to ring them to tell them where i now live as dont want anymore hassle for my friends but are worried they will take my new partners things.. although he doesnt have a fair amount either as its his first home living away from home...

I have looked into bankruptcy and am prepared for this but simply dont have the odd £400 to log it myself and was hoping a creditor had done this by now but havent..

What should I do?

Call the bailiff and invite them over to discuss the debt.. can i ask if they will lodge for my bankruptcy as am struggling?

Will they accept a payment plan from me? I could probably only pay £30-45 a month which is negligble..

Will they take my partners things?

Thanks for your help in advance guys and gals!

Waspeze

Hi ya .. it is very rare for a creditor to petition for your bankruptcy as it'll cost them a lot to do it with no guarantee of getting anything in return. Council tax do though but very few others.

Have you spoken to CCCS, CAB or national debtline about your situation?

There are some trusts out there that can help with the BR fees
http://64.233.183.104/search?q=cache:e70XbhYXr5sJ:www.britishgasenergytrust.org.uk/files/Guidance%2520for%2520advice%2520workers.doc+utility+trusts+bankruptcy&hl=en&ct=clnk&cd=6&gl=uk

this link gives some of them. i'm not too clued up on how they work though!

You'd be better off posting this on the bankruptcy sub forum as the some people there will probably have had experience of your situation!

KLB

Starrunner wrote: »

Call the bailiff and invite them over to discuss the debt.. can i ask if they will lodge for my bankruptcy as am struggling?

I might be wrong but I don't think you should ever invite a bailiff into your house, they only want to reclaim the debt and will start taking items. Don't even let them get a foot in the door!

Starrunner

the more im reading about bailiffs Im getting to understand to never let them through the door! appartently i should keep the curtains closed too as if they see something worth selling they can get a walking possession and take it... Im learning as I go..

ok so i wont 'invite' them around.. should i call them at all?

Gillianh2

No dont invite the bailiff over for a cuppa and to discuss repayments. It wont go well and he will almost certainly aim for a walking possesion order for later on:eek: What you need to do and do this asap is to go to the court that has issued the bailiffs warrant and ask for a form to complete to have the warrant set aside. (you have to pay a fee for this which you may be exempt from if you are on certain benefits or a low income)They will then arrange a date for you to appear before a judge.....dont be alarmed this is very informal you will have an opportunity to state your case and the problems you face and to also make an offer of repayment. If the judge agrees your offer of repayment is reasonable it will be acceptable and that will be that. You will just need to make the regular payments.

The above will help deal with the most pressing problem but as others have said you do need to contact CAB for help with the other debts etc; I know you said Council Tax are expecting you to repay for your ex as well as yourself as they havent been able to find him. Well I am sure this is something the CAB could help you sort out.

Good Luck and keep us posted on how things are going

Gillianh2

Starrunner wrote: »

the more im reading about bailiffs Im getting to understand to never let them through the door! appartently i should keep the curtains closed too as if they see something worth selling they can get a walking possession and take it... Im learning as I go..

ok so i wont 'invite' them around.. should i call them at all?

See my post above.
BTW they cannot get a walking possesion order UNLESS they have already been in your property.

Go along to the court tmwr and apply for the suspension of the warrant. It will give you peace of mind and at least you will be able to relax with the curtains open:rolleyes:

RAS

It doesn't matter whether this is their 1st, 2nd, 3rd, or 10th visit. If the bailiffs have not been into your home yet then they CANNOT force entry.

Please pm Herbie21 . Will be back with her web address in a mo. http://www.bailiffadviceonline.co.uk

And get in touch with the National Debt line - contact details here http://www.moneysavingexpert.com/loans/debt-help-plan#help

chevalier

Whilst you have lost track of your OH I am sure that his friends haven't so you could also give the council a ring with this as his last know address. No reason for him to be getting away with this. Or else phone his former employers and ask them, they might give you his new address (ie where they sent is p45 to)
chev

Starrunner

thanks for all your help guys..

im going to call the court to see about setting up a payment option with them.. if they are unhelpful i'll forward with advices from CCS from there...

and as for the OH.. his last known address was our repossessed house.. he has fallen out with the mates that i knew of.. because of money he owes them all.. (no suprises there!)