Future Bailiff Worries!!

[Bpooltrev]

Hi

Long story short - lost business about a year and a half ago and as result lost house, car etc.. My self and my partner moved to the family farm. There is a small granny annex built on and thats where we live. We pay rent etc to my father.

As a result of all the business losses I have a number of large debts (£200k +) and unfortunatley I have given personal guarantees with some of them. At the moment I cannot afford to go Bankrupt although a creditor has tried but the judge refused it because of the circumstances etc...

The basics are I have nothing. I am trying to get back on my feet and have started an outside catering business, with the financial help of my sister, but this is slow - very slow! We are basically living off one wage. All household bills are being met by my partner without a problem but I am now starting to get worries in case bailiffs are employeed by some of these creditors. The house we are in as Ive said is owned by my father and was partially furnished when we moved in. My sister lives in Scotland and when she moved there she left a lot of her furniture with us, which we are using. The house previoulsy had my fathers wifes parents living there but they have gone into residential care and we again have a lot of the furniture etc... So there is very little in the house that is mine personally and also very little of any major value. To emphasise this when my big tv broke we borrowed a small 20 inch from my partners colleague. We are basically renting a fully furnished house!

Whilst it has not got to bailiff stage yet, if it does, how can I stop them taking stuff that is not mine and can they take any of the equipment that my sister bought for me to help me start up in a small business etc...

Any basic help / guidelines / info would be most appreciated.

Thanks

[ploddertom]

The difficult part is the ifs and buts. The chances of a Bailiff visiting will depend on how many of your creditors take this to Court, they will have to get Court Orders first. In theory you should receive notification of any Court action first but because you have moved some will obtain Judgment by Default - ie finding against you - because everything has been sent to your old address and as no answers are forthcoming the Court has no option but to award Judgment to the Creditor. The first you sometimes know of this is when the Bailiff comes knocking and you can apply to have the Order set aside. I would imagine considering the sums involved it will be a High Court Enforcement Officer who will attend and they are a different kettle of fish to the Bailiff.

 

If the Bailiff does turn up then whatever the circumstances do NOT allow him entry. Before any action takes place you can sell or otherwise dispose of any of your possessions. If you are effectively renting a furnished house then have a simple agreement drawn up and rent book which show this, have an inventory of the goods drawn up which belongs to the Landlord. As for your sisters effects she should draw up a Statutory Declaration of the items which are hers, cost of this is £5/£10 at any Solicitor or Commissioner for Oaths.

 

Hope this helps.

 

PT

[Bpooltrev]

Thank you for that - very helpful.

Can I ask, once they find the new address (thats if they are looking) would they just re start with the letters or could they just arrive at the door?? And if they do just arrive how do I legally ask for all the detilas etc. and request for it to be set aside.

In honesty most of the debts are individually small and under 10k. Its the RBS that have the bulk - following sale of house theres a shortfall of £50k but they did not get a judgement on that without leave of court, a personal loan of about £30k which Ive not heard anything about and the business overdraft of approx £7k whcih is the one RSM Tenon are on with. RBS know my current address, they found me ages ago so I would have thought the rest would have too but not heard anything to date!!

Theres quite a few that I know will not be chased from personal conversations with people etc..

Its like you say its a waiting game and Im just trying to be as best prepared for when it or IF anything nasty happens etc...

Thanks again

[ploddertom]

If a Bailiff turns up he will have a Warrant of Execution issued by the Court. These are mostly Court appointed Bailiffs and are fairly amenable, after all they get a salary and do not rely on results for payment. If the HCEO turns up he will have a Writ of Fi Fa issued through the High Court, he is a different beast, charges are astronomical and very tenacious. However in both cases if they have just turned up they can be dealt with by applying back at Court for:

a - suspension of the Warrant for the County Court Bailiff

b - a Stay of Execution for the HCEO - usually pending determination of another application which will more than likely be a Set Aside.

 

If you follow what was said previously you will have no possessions and providing you deny them entry - I assume your father knows your predicament - so you you should tell him to the same if anyone turns up. You can get prior knowledge if they have gone down the CCJ route by checking your Credit File on a regular basis as any Judgments granted will show on these pdq. Until you know what they have done or been granted it is difficult to expand much further.

 

PT

[Bpooltrev]

Again - thanks!

Finally for now - if I were to go Bnakrupt would this "end" the current debts. RSM Tenon advise that even if I were made bankrupt I would have to pay all this debt in full.

[ploddertom]

Sorry I'm not up to speed in BR. There is however a BR Forum http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?169-Formal-Solutions-Bankruptcy-Administration-Orders-and-IVAs

 

PT

[Bpooltrev]

Cheers for all your help!