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Can bailiffs bankrupt you - small amount?


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This is related to my other thread with details on, which needs to be updated but I think this is a question in it's own right -

 

Can a bailiff bankrupt you for, say, £130?

 

What if the council tax debt has been paid and it is just fees?

I have tried to research this and have come up with a figure of £750, below which they cannot(not sure) bankrupt you, or is it that they would NOT NORMALLY bankrupt you?

I know if you wanted to bankrupt yourself it would cost approx £400+, and if someone wanted to bankrupt you same costs, which would, of course, be passed on to you.

 

What if it had the full support of the council? Or if they had instigated it?

What if they thought there was an agreement to pay (browbeaten.....!) and it had not been adhered to, could they then bankrupt you for £130? Then, 3 days later, continue with bailiff action?

 

Because of escelation I would appreciate a definitive answer on this if anyone can help.

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Honey - sorry been so busy I will call you later on today. In my opinion they cannot do this and remember for bankcruptcy it has to go in front of a judge and he/she decides on the case, no one can enforce a bankcruptcy bar the judge. In this case in my honest opinion he would not grant a bankcruptcy order.

 

THis is bullying tactic.

 

SFx

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SM = I think that is correct, however they cannot make you go bankcrupt they can petiotion for it but is up to the discretion of the Judge, who I think when hearing this case would be most interested in how they got to court.

 

Sfx

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SM = I think that is correct, however they cannot make you go bankcrupt they can petiotion for it but is up to the discretion of the Judge, who I think when hearing this case would be most interested in how they got to court.

 

Sfx

Sounds to me like another bailiff company out to get a fast buck.

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Guest Herbie

Firstly the BAILIFF cannot make you bankrupt. The petition must come from a firm of solicitors.

 

However the local authority CAN and DO instruct solicitors to petition for your bankruptcy. In fact I saw two such cases this week alone.

 

Local authorities, desperate for money, are looking at alternative to bailiffs as the amount that they receive via the bailiff route is very small indeed. Their thinking is that the bankruptcy route with always provide money quickly. In Scotland this method of enforcement is very common indeed !!

 

If bankruptcy is instigated, the debt owed MUST BE OVER £750.00. That said, if there has been a genuine attempt to pay and there are very few other debts, the MAJORITY of Judges would not take too kindly to this method of enforcement.

 

If you wish to petition for your own bankruptcy, you should be aware that there is an Administation Fee of £400 PLUS a court fee of £190. If you are on benefits and entitled to exemption from court fees, this will excuse you the £190 court fees, but YOU MUST pay the £400.

 

I have nothing against bankruptcy....if planned. IVA's on the other hand, I rarely agree with.

 

If a bailiff is trying to frighten you by saying he will bankrupt you, I would be writing to the company to say that this is harrasment and that you will be considering a complaint to the County Court that issued the bailiffs certificate. !!

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Guest Herbie

Are you kidding !!!

 

I must get some questions together. Please remind me. !!

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Nope, I will be speaking to Candle later today and gettting all the info, hopefully, will call the dogs off!

 

Yup please do, and thanks for your email, all gubbins will be going into the post and a copy of it to the cheif constable and cc the MP!

 

Sorry Candle for the hijack

 

SFx

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It's okay, SF.:)

Thanks for the replies, I thought they couldn't do it, just had to check. They have since rung 3 times and added another (none existant) visit, adding a further £95. I think it is harrassment. Mind you, I suppose they have to use a big van to pick up my none-existant car.....

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