To cut a long story short

I have received a notice of enforcement from Marstons.

It is a high court writ for a vet bill I couldn’t pay in full.

My circumstances changed and we ended up here.

It is for 2k.

I don’t have this money and couldn’t afford the original repayments set up before it went to the high court.

I cannot pay it and have zero assets and live in a council place.

My Mother died two months ago so everything was up in the air and I didn’t want to deal with anything.

My plan was to file for bankruptcy, I have started an application.

I tried to arrange a repayment via the bailiffs office but the woman on the phone said they have to come out to check I really don’t have anything of value.

I don’t work due to illness currently so have only benefits money which is very little.

I don’t drive so have no car but I am worried they might try and take a neighbours, which would be bad as my upstairs neighbour hates me any way.

I live on a street with no actual parking so the cars all just park on the road outside.

I had until today to pay.

My question is what happens next?

I won’t be allowing entry as I know if I make a repayment arrangement and I can’t keep to it, letting them in means they can break in at a later date.

I really have nothing of value but I don’t want them letting my cats out.

I keep doors locked anyway and the windows have latches.

I have applied for a stay of Execution which I know takes time and I will be filing for bankruptcy but I can’t afford it right now.

Just need a bit of support from those in the know.

I tried to arrange a repayment via the bailiffs office but the woman on the phone said they have to come out to check.

 

I really don't have anything of value. I don't work due to illness currently so have only benefits money which is very little.

 

I don't drive so have no car but I am worried they might try and take a neighbours,

I had until today to pay. My question is what happens next?

 

I have applied for a stay of Execution which I know takes time and I will be filing for bankruptcy but I can't afford it right now. Just need a bit of support from those in the know.

With the vast majority of debts, a payment arrangement can be set up during what is called the 'compliance stage'. This is the period of time from receipt of the Notice of Enforcement and the date given on the notice by when either full payment or a payment arrangement can be set up.

With a judgment that has been transferred to a High Court Enforcement company to enforce, a payment arrangement cannot be entered into at the 'compliance stage'. Instead, the enforcement agent must make a personal visit to the property. Item 7.3 of the Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations outlines the reason for the visit:

http://www.legislation.gov.uk/uksi/2014/1/pdfs/uksiem_20140001_en.pdf

He has to make the visit on behalf of the creditor to ascertain whether or not you have sufficient goods that could be sold to repay the debt. If you did have sufficient goods (which in your case you don't), then the enforcement agent could agree a payment arrangement and as security, get you to sign a Controlled Goods Agreement. The enforcement agent is legally able to charge the Stage one enforcement fee of £190

Given that you have no assets (or car) and are reliant of benefits, the enforcement agent would be unable to secure goods or get a payment arrangement set up.

 

I have applied for a Stay of Execution which I know takes time and I will be filing for bankruptcy but I can't afford it right now.

Just need a bit of support from those in the know.

When did you make the application for the Stay?

Do you have other debts that you are going to include in the bankruptcy? Have you considered a Debt Relief Order instead of bankruptcy......it is much cheaper option.

An important point to note, although you have touched on this yourself.

Even if the Enforcement Agent does have to make a visit to your property (as detailed by BA above), you have no obligation to allow them access (as you yourself have said).

However. If you have nothing of any value, it might be a better idea to allow them in so that they can see this for themselves. If there is no prospect of being able to collect or enter in to a payment arrangement, bearing in mind that they'll have nothing to seize to apply leverage, they're much more likely to return the case to the creditor and close it as 'unenforceable' (for want of a better word). If you don't let them in, they'll assume that you're trying to hide something and will continue the enforcement process.

Don't forget that there's quite a long list of things that they're not allowed to seize/levy on as they're exempted. So things like your beds, bedding, clothes, washing machine, cooker, fridge, sofa etc are safe despite what some EA's might try to tell you to apply the frighteners.

I agree with DragonFly 1967, unusually in this case you might be better to let the Agent in, show them round so they can see there is nothing of value, make sure you don't have a big TV or laptop and computer peripherals around though.

Also any expensive cameras, iPods etc. need to be moved away from your home.

Be prepared for them to threaten to take your clothes, your bed, your cooker etc, they cannot take anything that you need to survive as a basic requirement.

Then you will have to play the waiting game as they may well threaten to stay put until you call every relative or friend you have and beg the money from them - you are not obliged to do that so do not.

Sit in a chair start reading a book and tell them you have no money and no means to pay and they can wait as long as they like, you ain't got it.

Be prepared for threats of all sorts but don't give in and say nothing more, they will eventually have to leave.

Just -re read your post and I see that you are worried they might levy on a neighbour's car, if it's parked on the street then they can't presume it's yours and they will do the checks to see if it is registered to your address, if it's a shared house and they take it after wrongly presuming it's yours then that 's their problem, they will have to return it at their cost - you say your neighbour hates you anyway so that for me would be a win win scenario!

If you are concerned about your cats being let out during the visit - you know when they are coming so put your cats in their transport basket or a cage for the duration of the visit, then you don't have that stress to add on during the visit.

The agents can only break into your home after their initial visit if they have levied on some items that then become their property, in this case there is nothing to levy on so they can't break in.

 

Don't forget that there's quite a long list of things that they're not allowed to seize/levy on as they're exempted. So things like your beds, bedding, clothes, washing machine, cooker, fridge, sofa etc are safe despite what some EA's might try to tell you to apply the frighteners.

And here is the list of exempt items:

http://www.legislation.gov.uk/uksi/2013/1894/part/1/crossheading/exempt-goods/made?view=plain

I don’t really want to put myself in the situation that I have seen on TV where they bully people and cause a lot of upset. Quite frankly I couldn’t cope with it.

The stay was only applied for this week.

No it’s not a shared address, it’s a flat and my neighbour has a different flat number.

One flat is ground and the other 1st floor.

All the property’s look like houses but are flats with their own front doors which is quite obvious.

If they want to waste their time sitting outside my front door or looking in my back garden they are welcome.

As I intend to go bankrupt, their additional fees don’t worry me greatly.

What I was wondering is if they send further correspondence to advise what day they are coming or if they just turn up?

I had a DRO some years ago so don’t think I can have another just yet.

My TV is old and my PC is really old so they will have no luck there.

I don’t have any fancy gadgets.

I haven’t got any family with money either.

I have informed them via email that a stay has been applied for and that I am applying for bankruptcy, this of course will not prevent their visit as I’m sure they are keen to try and earn their cut regardless.

Most of what you see on the TV is engineered for entertainment.

If you advise the Agent that you have no way to pay and they are welcome to check it shouldn't be like that.

There must be 6 years between DROs.....if its not 6 years since your last you may struggle with any Bankruptcy application also.

Andy

How do I check when the DRO was? Will it be on my credit file?

How do I check when the DRO was? Will it be on my credit file?

It all depends on when it was. It would be a good idea for you to check.

 

I have informed them via email that a stay has been applied for and that I am applying for bankruptcy, this of course will not prevent their visit as I’m sure they are keen to try and earn their cut regardless.

An application for a 'stay' will not usually halt any enforcement. After all, an application may just as easily be refused. However, if the stay is granted.....enforcement must stop.

As I mentioned in my earlier post, if the agent is enforcing a Writ of Control that has been transferred to the High Court for enforcement, then he must make a visit to the property as the officer has a personal liability to the creditor (in this case the veterinary practice)

The Bankruptcy should not be a problem

as it is the final solution.

Not an easy ride and will cause a few problems

but you will be debt free.

I believe you have to have debt over a certain amount £5000 or £7000 not sure

In this situation Redsquirrel, you are probably best to just ignore the Enforcement Officers and don't open the door or speak to them.

Just wait for the court application to go through and then send the Enforcement company and vets practice a copy.

The bailiff came out but didn’t hang about and I didn’t acknowledge his presence.

He put some paperwork through the door telling me what extra fees he has added and the usual.

I was expecting him to try doors, windows and go through my back garden but he didn’t.

There was also only one.

I assume it must be a busy day at the office.

My application for a stay has been seen by the judge but he wants to set a hearing. Is this normal?

yes

It appears that a Debt Relief Order would be far more suitable for you than Bankruptcy if your debts do not exceed £20,000.

You don't own any property or a car and you receive benefits only so your disposable income is unlikely to exceed £50 per month.

There is a £90 fee compared to £680 for bankruptcy.

This has now been sorted

The bailiffs office called me and set up a payment arrangement which comes off my card automatically monthly.

Dont agree with anyone going dro/bk ever