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Can anyone give me advice, I have been made bankrupt recently, my problem is I had a business in joint tenancy with my husband & due to

Mounting debts closed down August 2013, the business rates debt has been passed to bailiffs total of £17000 pounds, I told bailiff I am bankrupt

& they tell me it makes no difference because my hubby isn't bankrupt, I am not in a job & my hubby only earns £1000 per month now the bailiff say they are coming to our home if

We do not pay £745 per week, what's our best option I don't want the embarrassment of them coming to my house to see if I have anything

Of value, what should we do

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There will be no embarrassment of the bailiffs coming into your home

Keep them out no right of entry no locksmith

 

With council tax if you are bankrupt they will go after your husband for the full amount

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Sole traders

 

General advise on this form is to avoid letting them in and move any cars away from the property. However, I run Limited companies and am not too well versed on Sole Traders.

 

£17k is a very large amount for business rates, what size was the property you were renting and what was the rateable value of the property. Did it qualify for any small business relief and did you claim this?

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General advise on this form is to avoid letting them in and move any cars away from the property. However, I run Limited companies and am not too well versed on Sole Traders.

 

£17k is a very large amount for business rates, what size was the property you were renting and what was the rateable value of the property. Did it qualify for any small business relief and did you claim this?

We were charged an extra 6 months after we vacated the property because we did not give notice to our pub co landlords & they said we were still responsible

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General advise on this form is to avoid letting them in and move any cars away from the property. However, I run Limited companies and am not too well versed on Sole Traders.

 

£17k is a very large amount for business rates, what size was the property you were renting and what was the rateable value of the property. Did it qualify for any small business relief and did you claim this?

 

If I don't let them in will they go away & send debt back to council

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They are within there rights to charge business rates for the full amount of the remaining lease. Which in this case would be the 6 months notice on the contract (if this is what the contract states). However, if you can confirm to the local authority that the property was empty, then it is excempt from business rates for 3 months.

 

£17k does sound like a large amount for business rates, please do confirm the rateable value as there may have been small business relief to claim on this amount. You should also read up on the Local Government and Finance Act 1988 section 49 as your local authority has the ability to write off this debt in hardship cases and it would be worth while appealing to their better nature.

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I am assuming that the debt relates to when you were both running a public house and that you were charged an additional large amount as you had failed to advise the pub company that you had vacated. Do you know whether the pub was occupied by anyone else during the 6 month period ? I am asking this question so as to ascertain whether or not you should both be liable for this additional period.

 

Turning back to the Liability that your husband now has of £17k. Fortunately the amount outstanding means that the enforcement agent knows very well that even if you allow him into the property there would be no way possible for him to seize sufficient items to cover even a proportion of the debt. I am assuming (and please correct me) that your partner does not own an really expensive car that would cover this debt?

 

I would suggest that an urgent letter is written by him to outline his circumstances (and yours) and he must provide with the letter an Income and Expenditure breakdown together with a sensible AFFORDABLE repayment proposal. The amount should not be more than can be afforded.

 

Does your partner have a car and roughly how much is it worth and is it on finance?

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I am assuming that the debt relates to when you were both running a public house and that you were charged an additional large amount as you had failed to advise the pub company that you had vacated. Do you know whether the pub was occupied by anyone else during the 6 month period ? I am asking this question so as to ascertain whether or not you should both be liable for this additional period.

 

Turning back to the Liability that your husband now has of £17k. Fortunately the amount outstanding means that the enforcement agent knows very well that even if you allow him into the property there would be no way possible for him to seize sufficient items to cover even a proportion of the debt. I am assuming (and please correct me) that your partner does not own an really expensive car that would cover this debt?

 

 

I would suggest that an urgent letter is written by him to outline his circumstances (and yours) and he must provide with the letter an Income and Expenditure breakdown together with a sensible AFFORDABLE repayment proposal. The amount should not be more than can be afforded.

 

 

Does your partner have a car and roughly how much is it worth and is it on finance?

 

No we own nothing of value, the question is do we lend the money to make my husband bankrupt before bailiff turns up at our home of which is very embarrassing to us in front of close neighbours or is it likely that if we send a letter to bailiff stating we own nothing of value or any cars that they will take our word for it & not pay us a visit but return the debt to council & they pay & make my hubby bankrupt.

Biggest scenario is I do not want bailiff coming to my home

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Thank you for your response. I repeat what I had advised in my post number 11 of the importance of WRITING to the company (which can be done by email) to advise of the circumstances.

 

In the ideal world all debtors would like a bailiff to not make a personal visit but sadly visits are necessary given that the vast majority of people fail to WRITE to the company on receipt of the initial letter to outline their circumstances and where necessary, to provide evidence of 'vulnerability'.

 

You have not said what type of work that your husband does (and neither do you need to) but my personal opinion is that with a debt of this size I would be suggesting that your husband should really consider taking the bankruptcy route (as long as this would not impact on his employment or your housing needs).

 

If B/R is being considered I would suggest that a letter be sent to the company to outline his circumstances etc.

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