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Dukeoski

Bailiffs action after filling BR application***Resolved***

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Hi guys.

I need some advice on a tricky one.

 

 

I have bailiffs in enforcement stage,

however managed to come to an agreement.

 

 

Two PCNs,

one from a local council, and other one from Dartford Crossing.

 

 

I have recently filled bankruptcy application and waiting for a decision.

 

 

Question is:

if my application is approved and court order is made

can bailiffs still take any further action,

or am I ok to stop paying before an interview with OR?

I included those pcns in my bankruptcy application.

 

 

Any help would be really appreciated.

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No, once you have been made bankrupt, you don't need to pay them. Just remember, until your bankruptcy is granted by the court, not just at the application stage, enforcement will continue.

 

If you stop paying, any cars or assets you have could be at risk.

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Thank you, that clarifies the case. I've submitted my application few days ago, and the next payment with bailiffs is due in a week time. Does the debt become unenforceable/written off when my application is approved? Am I officially a bankrupt once the court accepts it?

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An application is only that, an application. Even if approved, until it has been stamped by a court, its just a bit of paper. Until you are officially a bankrupt, nothing changes.

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Ok, I see. I thought I would be declared bankrupt as soon as my application is approved. So even if it's approved it still has to be stamped by the court? Am I right? This is what I found online:

 

"When you have submitted your online bankruptcy application, it goes to the Adjudicator’s office to be checked. The Adjudicator’s target is to approve 95% of applications within two working days. When your application is approved your Bankruptcy Order is made – this is the start date for you bankruptcy, not the date you submitted your application."

Edited by Dukeoski

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You technically would be..but it still has to be filed and processed.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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But then it wouldn't take long, would it?

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"When you have submitted your online bankruptcy application, it goes to the Adjudicator’s office to be checked. The Adjudicator’s target is to approve 95% of applications within two working days. When your application is approved your Bankruptcy Order is made – this is the start date for you bankruptcy, not the date you submitted your application."

 

What was the precise date that you submitted your B/R application forms online?

 

Also, did you include your parking debts with your list of creditors?

 

I don't believe that you should be paying the debt to the enforcement company this week but it is vitally important that you advise them of the B/R as it could take quite a few weeks for the Insolvency Service to write to all creditors.

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What was the precise date that you submitted your B/R application forms online?

 

Also, did you include your parking debts with your list of creditors?

 

I don't believe that you should be paying the debt to the enforcement company this week but it is vitally important that you advise them of the B/R as it could take quite a few weeks for the Insolvency Service to write to all creditors.

 

I sent it out on 26th, and included these debts, but put bailiffs as creditors with all ref numbers, not sure if I did right though. I owe initial amount to the councils, but have bailiffs charges on top of them.

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Update: Just received email from IS stating

 

"Bankruptcy Order

Mr *****, of ******,

*****, *****, *** ***.

Upon reviewing the application submitted on 26/05/2017, it is ordered that Mr

******** be made bankrupt.

The adjudicator is satisfied that EC Regulation applies and declares that the

bankruptcy proceedings are main proceedings as defined in Article 3 of the EC

Regulations.

An official receiver attached to the county court is appointed trustee of the

bankrupt’s estate.

Order date: 30/05/2017"

 

Does it mean I am officially a bankrupt? Can I just forward this letter to bailiffs to ask them to stop any unnecessary action?

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Update: Just received email from IS stating

 

"Bankruptcy Order

Mr *****, of ******,

*****, *****, *** ***.

Upon reviewing the application submitted on 26/05/2017, it is ordered that Mr

******** be made bankrupt.

 

Order date: 30/05/2017"

 

Does it mean I am officially a bankrupt? Can I just forward this letter to bailiffs to ask them to stop any unnecessary action?

 

YES....you are officially bankrupt. No doubt about it.

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Thank you:) So again can I just forward this letter to bailiffs to let then stop harassing me?

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Thank you:) So again can I just forward this letter to bailiffs to let then stop harassing me?

I think so, not that a BR order will immeidiately stop JBW they might still call, so keep them out and show the bailiff the BR order, and proof the debt they are enforcing is included in the BR.


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Have you been given the contact details of your Appointed Trustee for your BR? (you may not due to the date but you should get details forwarded or the Trustee will contact you)

 

I would contact the Trustee of your Bankruptcy and ask them if JBW have been made aware of this and to stop enforcement action.

 

If any of your creditors named in your application try to contact you for any payments just direct them to the Appointed Trustee (as long as they were on the application) and also inform the Trustee yourself of there actions.


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Some update. I sent them a copy of the court order, and they nicely stopped further actions, and referred back to the councils. JBW online account states: no cases active. Thank you for your help!

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As a regular contributor on here, it can be really annoying when a person doesn't post back to let us know whether the advice given has resolved their query. Therefore, THANK YOU for posting back.

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Thread title amended to reflect the outcome.

 

Regards

 

Andy


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