Jump to content


  • Tweets

  • Posts

    • firstly , they are not a Debt collector [never confuse the two - a DCA chasing consumer credit debt is totally powerless and have ZERO legal powers to do or take anything - they have no more legal powers than you or I do ] these will be bailiffs and do they have legal powers.   However, the good bit is that unlike what you might have seen on TV, for a council CTAX liability order [please confirm there is or NOT a CCJ registered check your creit file] there is NO right of forced entry. The bottom line is, bar all the arm waving, is, that if you simply totally ignore them, they will eventually go away.   Now what they can do is two fold on CTAX. basically add fees to a set limit.   the first is a notice of enforcement letter. this comes with a fee of £75 and gives you 7 days to set up some sort of payment plan.   the second is an actual visit, where by a further fee of £235, whereby the fees are now £310 , the maximum they can ever add to the CTAX bill. this is typically accompanied by a threat to removed goods, it's cleverly worded or 'explained' to make you 'think' they can waltz in any take anything they like. THEY CANNOT unless YOU let them in. which you don't, nor leave doors unlocked as they can then enter through what is called 'peaceful entry'.   in real term, the seizure of goods is limited to stuff outside like cars YOU might own that are not behind locked gates.   so i'm not too sure what stage you are at  so please clarify. the name of the bailiff company. how much you now owe the county council the CTAX is owed too.   if you have any/all paperwork please scan it to PDF  after redaction - read our upload guide]   one last point. they don't keep coming around they don't keep ringing. neither of those gander them anymore money so they don't bother.   dx      
    • Hi Everybody I moved into my parents house quite recently. My mam is aged and extremely ill (it's just me and her living in the house) and I moved from the North to the South of England to take care of her.   Now I've got a CCJ against me for unpaid Council tax from when I was living in the North and a debt collector has just showed up at the door. Now I don't have the money to pay the entire amount straight away. But I'm willing to try and enter in some kind of payment plan and gradually pay down the debt. However my main concern is that they don't keep coming around and phoning the house threatening and harassing my mam over her sons debt.   However the guy at the door was threatening to seize goods and have them sold at public auction. Getting bailiffs to break in etc.   When I told him that I've nothing of any real value he said he could just take whatever was in the house. Something about if she couldn't prove whatever was hers then they could just take whatever (I'm not 100% this but I think something to this affect).   He left me a "Notification of Enforcement agent visit" sheet of paper.   From the first paragraph it says:   "As an enforcement agent I've attended your premises today with the intention of taking control of your goods in accordance with the taking control of goods (fees) regulations 2014. At this time your goods are bound. You cannot remove, sell or otherwise dispose of them"   Thus I'd appreciate any advice that readers my be able to offer. Does anyone know the law regarding "seizing assets" when the debtor is not the homeowner/tenant?   tia Bear
    • I should add I only got the CCA response last week after waiting nearly a month over the prescribed time limits to respond. PM
    • Thanks, I thought that might be the case.  J
    • claimform issuance stops the SB clock    dx  
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 865 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi guys

 

Hoping this is in the correct place and someone can point me in the right direction.

 

Some months ago my mum filed for bankruptcy and my dad received a letter saying that they're going to repossess the house as it is a joint mortgage. He has until 3rd August to reply.

 

My dad is disabled, we've had the house adapted for him, rails, a lift installed from the living room to his bedroom, and him leaving the house is going to destroy him.

 

If I had the money I would buy her out. But I haven't. Is there anything we can do? Any suggestions on who to talk to?

Share this post


Link to post
Share on other sites

Thank you

Share this post


Link to post
Share on other sites

why does she think bk is necessary please?


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

Share this post


Link to post
Share on other sites

Sounds like a decision your mother took without research or seeking advice.

Do you mean bankruptcy or IVA application?

Why wait until 3 days before deadline to post?

Can no one obtain a loan/mortgage to pay current current mortgage?

Share this post


Link to post
Share on other sites

Some background information would help.

 

Are they still living together ? Or are they separated or divorced ?

 

What debts did she have that caused need for bankruptcy ?

 

Do they have any other joint debts or is it just a joint mortgage ?

 

Who is paying the mortgage ?

 

Has the bankruptcy already gone through and the person appointed on behalf of creditors is now looking to sell her assets such as the house ?

 

Your Dad is not going to receive much helpful advice, unless he shares more information with someone who deals with such legal issues.

 

Suggest that urgent action is taken to get hold of all information about the current situation.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Sorry for the lack of information.

 

Mother and father have been separated for 5 years, the bankruptcy was agreed 3 years ago.

 

 

There was a letter sent in December 2016 that my father didn't respond to or tell us about, fundamentally because he wasn't well.

 

My father is paying the mortgage and has been for 3 years.

Share this post


Link to post
Share on other sites

What court applications are currently going through in regard to the trustee in Bankruptcy forcing the sale of the house ?

 

What was the date of bankruptcy ?

 

Your father really needs to see a Solicitors.

 

 

If he has any legal cover such as on Home Insurance he should check whether it can offer any help in regard to costs.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

It say she possession order on the letter?

 

10/10/14 was the date of the bankruptcy.

 

I know he does, as we saw the letter yesterday I thought I'd come on here to query.

 

I'll review his home insurance and see if he has any legal cover.

 

 

Thank you

Share this post


Link to post
Share on other sites

Who was the letter from ?

 

The date of 3rd August for response, is that related to a court application already made or they intend to apply to the court for a possession order ?

 

In regard to your Fathers disability is this just physical or are there issues such as mental health or other conditions that make him vulnerable i.e he can't make decisions, might not understand.

 

What is the position in regard to the mortage ? Presumably still in joint names, no arrears and your Father took over sole responsibility for paying 3 years ago, when your Mother could not pay.

 

Has there been any legal attempt to divorce or come to a financial settlement between your Mother and Father ?


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

No legal attempt no. Mum said she was going bankrupt and was told nothing would happen with the house, but nothing in writing.

 

Still in joint names but no arrears, dad's been paying it.

 

Dad is physically disabled by the fact he cannot function physically on his own, struggles to walk, cannot walk long distances etc.

 

Mental capacity would need to be addressed but without care from family he would not be able to function.

Share this post


Link to post
Share on other sites

Appears you are in possession of little information.

 

Given the urgency, i think your Father needs local legal help.

 

A local Solicitor should be able to assist and given consequences, i don't think he has much choice.

 

The house might well be taken possession over before October 2017,

because i believe the trustee acting for creditors has 3 years from the bankruptcy date to get their hands on any assets.

 

I don't think it matters much that your Father is a joint owner.

 

Creditors will want 50% of the equity owned by your Mother.

 

Your Father would then be paid any equity due to him after the sale of the house.

 

This is my understanding from reading about this previously, but i am no expert.

 

Qualified legal advice essential.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

Hi Tiny1983

 

You say the Bankruptcy date was 10/10/2014

 

1. Was the Mortgage Company listed as a Creditor in the Bankruptcy?

 

2. Are they Discharged from Bankruptcy and if so when? (if unsure they need to ask the trustee dealing with there Bankruptcy).

 

3. Who exactly is going for repossession? (trustee in bankruptcy, mortgage company)

 

4. Exactly what was the letter in December 2016 about and who was it from? (trustee in bankruptcy, mortgage provider etc)


How to Upload Documents/Images on CAG - **INSTRUCTIONS CLICK HERE**

FORUM RULES - Please ensure to read these before posting **FORUM RULES CLICK HERE**

I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

Share this post


Link to post
Share on other sites

You cant list a secured mortgage in Bankruptcy.

 

How do I pay my mortgage if I am Bankrupt?

Because your mortgage is a secured debt it is not included in Bankruptcy. This means that you will have to keep paying your mortgage payments each month. If you do not then your house will be at risk of being repossessed.

 

They way you keep up your mortgage payments is that they are included in your list of allowed living expenses. You will always be able to use your income to make these payments before you have to pay anything towards your debts.

 

In this sense this solution will actually make it easier for you to pay your mortgage as you no longer have to feel under any pressure to use your mortgage money to pay your other unsecured debts.

 

Will my house be at risk after I go Bankrupt?

 

One of the main concerns about Bankruptcy is that it could result in you having to sell your property. The fact is however that this will not automatically be the case. The question of what happens to your house very much depends on the amount of equity if any that there is in it.

 

If you know that there is little or no equity or negative equity then it is very unlikely that you will have to sell and you will be able to keep your home. However you must make sure that you keep paying your mortgage. This will be your responsibility out of your allowable living expenses budget.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...