Bailiffs Calling After Bankruptcy - Help Please

[wend969]

In aug last year my car I was told was levied by high court bailiffs. The car was left in my possession as my dad made a payment for me while i set up a payment plan. The payment plan wasn't accepted and the bailiffs came out again but i was out in the car at work at the time & a letter was put through my door. I then went bankrupt on 31st January as they continuously refused my repayments. Today i have had the bailiffs at my door wanting to take the car again, they are saying because its levied then it can't have been included in the bankruptcy. Plus the only thing i signed was a receipt for the money my dad paid, i've never signed a walking possesion order. Please can someone help as I am struggling.

[ims21]

Thread title changed to reflect the issue

[wend969]

Thank you

[wonkeydonkey]

What is the debt for...ct, fine.pcn etc. can you give a little more info as it greatly increases you chances of getting the right advice.

meanwhile I will do a bit of snooping and see what the insolvency rules have to say about all of it.

 

WD

[ploddertom]

You say High Court Bailiffs, from what you say this has all the tell tale signs of a particular company in Essex!

 

PT

[wend969]

The debt was for rent arrears to a private landlord (which we didn't owe, but that doesn't matter now because we went bankrupt). I'm not sure if he levied the car either, as i didn't sign a walking poseesion order, my dad came and paid some money so they wouldn't take the car in Aug, & all i signed was a receipt for the money and an inventry listing the car, as the wrong colour.

 

The bailiffs are from the Sheriffs office.

 

Thank you

[wend969]

Also the landlord had a CCJ for the rent arrears

[tomtubby]

How much is the car worth ( rough auction value)

[wend969]

Approximately £800, but I'm a self employed cleaner and use the car to get to my customers, it is insured for business

[ploddertom]

Are you the sole driver insured or are there others?

[wend969]

I'm the main driver & my husband is a named driver because the car is also used for social domestic & pleasure

[ploddertom]

I'm unsure of the basis of this to do with your BR.

 

Ordinarily then yes they could take the car as it is not used exclusively by you although the point could still be argued if your OH has nothing to do with your business.

 

The problem as I see it is that you appeared to owe to your Landlord, you say this was a mistake - do you have anything to back this up? When you went BR was this included in what was given to the OR? It now appears your LL has resurrected this claim and transferred it to the High Court for enforcement. Have you been discharged yet?

 

PT

[wend969]

Its not our current landlord that the money is owed, we haven't lived there for 5 years. The ccj was included in our bankruptcy & the insolvency ppl where told about the levy. We only went bankrupt on 31st Jan, so not been discharged yet. We have looked into levies & don't think this has been done correctly, because all i have is receipt that i signed for the money my dad paid, & an inventory sheet with the car on it that i signed, but no walking possesion order has been signed. Plus could we not go down the abondonment route if the levy is valid? The reason for us going bankrupt was to get this sorted in the 1st place, we where managing our other debts. We can't go down the route of the ccj being wrong as my dad paid something off it to get rid of the bailiffs the 1st time, so apparently that classed us as saying we owed the money. We went to the citizens advice to try going down that route. Thanks for all the help so far

[caledfwlch]

I'm unsure of the basis of this to do with your BR.

 

Ordinarily then yes they could take the car as it is not used exclusively by you although the point could still be argued if your OH has nothing to do with your business.

 

The problem as I see it is that you appeared to owe to your Landlord, you say this was a mistake - do you have anything to back this up? When you went BR was this included in what was given to the OR? It now appears your LL has resurrected this claim and transferred it to the High Court for enforcement. Have you been discharged yet?

 

PT

 

As I understand BR, it does not matter if you remember to include a debt on the forms - it is just as "gone" as the ones you remembered, including CCJ's. Maybe this needs a transfer over to the bankruptcy section for a quick check?

 

But this is one of the reasons all bankruptcys are advertised, in for example the London Gazette, to give creditors a chance to put a claim in to the trustees if they see a debtor has gone BR.

 

I know, when a relative went BR, everything, including debts they could not remember, but which surfaced post BR, were still covered by the BR.

 

To give the OP some peace of mind

http://bankruptcy.org.uk/archives/item/9000-does-bankruptcy-cover-all-debts-even-if-you-forgot-some

 

The question, similar to the OP's is answered with:

Yes, debts that you may have forgotten about are included in your bankruptcy as all your unsecured debts are included in bankruptcy.

 

If a creditor from the past contacts you, you can inform them you were made bankrupt and provide them the details of the bankruptcy.

 

CCJ's are also absolutely covered by Bankruptcy. The things which are not are for example, modern student loans, secured loans, CSA Arrears.

 

So this Bailiff is on a hiding to nothing, and he and the creditor simply need to be reffered to the OP's Insolvency Practionery. The Warrant afaik can no longer be valid, as the debt is "gone"

 

As a side note, things such as defaults and CCJ's will still remain on your credit file for the full 6 year term, but are completely unenforcable.

Edited April 22, 2012 by caledfwlch

[wend969]

Hi, I know the debt has been written off, but the bailiff is insisting that he can still take the car, thats what i need advice on

[brassnecked]

If the debt died with the BR, and the bailiff took the car it would be theft imho

[wend969]

He is saying the car was levied before the debt got wrote off with the bankruptcy, so infect he is saying the courts owned the car before i went bankrupt!!!

[brassnecked]

He is saying the car was levied before the debt got wrote off with the bankruptcy, so infect he is saying the courts owned the car before i went bankrupt!!!

But the OR has taken account of the car and it's relatively low value, and allowed you to keep it, rather than sell it to put funds into the BR ostensibly I would think as the OR doesn't want to lose you any employment that can help you back to solvency, so the bailiff is being a prat imho, as the car is the only tangible thing he thinks he can touch.

[wend969]

I spoke to the Insolvency ppl and they have told me because its rent arrears & its levied that the bailiff can take it, so someone has messed up because i had a letter from them saying i could keep it for work. I also don't think he's levied it properly last August anyway, but not sure as i don't know how it works!!!

[brassnecked]

Did they list the car on a Notice Of Seizure, make, colour, Registration Numbe, and provide you with a copy at the timer?

[caledfwlch]

I spoke to the Insolvency ppl and they have told me because its rent arrears & its levied that the bailiff can take it, so someone has messed up because i had a letter from them saying i could keep it for work. I also don't think he's levied it properly last August anyway, but not sure as i don't know how it works!!!

 

But there ARE no longer rent arrears. The BR has removed your personal liability for them. I think this needs to be perhaps flagged up for a member of the Site Team, or for one of the Bankruptcy experts to have a look over?

[brassnecked]

But there ARE no longer rent arrears. The BR has removed your personal liability for them. I think this needs to be perhaps flagged up for a member of the Site Team, or for one of the Bankruptcy experts to have a look over?

 

Definitely, but is the bailiff looking to take the car for his fees alone?

[caledfwlch]

Definitely, but is the bailiff looking to take the car for his fees alone?

 

I have posted a thread over in bankruptcy with a link asking for the hexperts to pop in for a look to see if they can assist the OP.

 

And, I suspect you are absolutely bang on the mark, old chap.

[brassnecked]

I have posted a thread over in bankruptcy with a link asking for the hexperts to pop in for a look to see if they can assist the OP.

 

And, I suspect you are absolutely bang on the mark, old chap.

Op needs to post this evidence of bailiff misfeance, on the MOJ consultation subforum

[wend969]

No, they just gave me an inventory form, with the make, wrong colour of car & reg number. Doesn't say its a notice of seizure