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 bailiffs
 Delay in BR appointment -Panic!
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stressedoutsteve
Starting Member



United Kingdom
42 Posts

Posted - 27 March 2009 :  22:23:51  Show Profile  Reply with Quote
P.S. am not going to hide anything at all from OR. Dont have anything to hide but dont want my prtner involved. Thanks again everyone. You make thi so much easier. Steve
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Skippy
forum expert



United Kingdom
3290 Posts

Posted - 27 March 2009 :  22:27:21  Show Profile  Reply with Quote
Don't worry, I didn't think anyone was going to hide anything!

Good luck with getting sorted out x

Tomorrow is a mystery, yesterday is history, today is the present, a gift to make the most of.

View my blog at http://skippy13.blogs.bankruptcyhelp.org.uk/

21 IPA payments made, 15 to go - on the home straight!
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stressedoutsteve
Starting Member



United Kingdom
42 Posts

Posted - 27 March 2009 :  22:31:37  Show Profile  Reply with Quote
Thanks Skippy. Any ideas re Baliffs? do they have to proove onership of goods to seize? thanks Steve
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memphisd56
Junior Member



United Kingdom
112 Posts

Posted - 27 March 2009 :  22:34:34  Show Profile  Reply with Quote
You are quite right skippy...i expect it`s been attempted many times!!
No offence was taken...or intended. It`s imposible to explain properly without emotion.

Steve is in a bit of a panic, regards balliffs, i think...i just wanted to try to help him relax a bit, until his court date...and that maybe removing a few items, not of enough value to be of interest to the O.R, might do the trick
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Reviva UK
Advanced Member

United Kingdom
2452 Posts

Posted - 28 March 2009 :  08:28:49  Show Profile  Reply with Quote
Hi

just a quick note on bailiffs - unless council tax or commercial property ( without living accomodation on site ) they cannot enter unless you let them in.

there is also a very clear process to get to the bailiff visit stage and it takes a long time.

County Court Claim Form - blue & white
Judgement form
Warrant of execution
Notice by bailiff to ettend

these can take 3 - 4 months or even longer.


Perhaps most importantly on the thread is the notion that one should hide things from the Official Receiver.

Firstly theu are not interested in your home posessions - unless you bought a 52 inch plasma TV 2 months ago on a credit card !! - these are what you need to live and invariably have little value at auction anyway after removal costs.

What I can say is that if you go down the route of hiding things and not declaring things then you are committing purjery and the effects of bankruptcy / bailiffs will be the least of your worries.

Play ball with the OR and they will be straight with you. If one tries to be a little clever and they find out - someone always makes the phone call and drops you in in - they you are in a bad place.

hope this helps

Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com

Real People ..... Real Debt Solutions
www.revivauk.com
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stressedoutsteve
Starting Member



United Kingdom
42 Posts

Posted - 28 March 2009 :  10:29:20  Show Profile  Reply with Quote
Hi Paul. Thanks a lot. That answers my fears. I was just concerned that the banks would rush to Baliff stage and cause grief for my family. I have an assett (house) that will clear all my debts eventually and nothing else so will be happy to cooperate with OR in every way, wish BR was today so I can start to move on! Still would valuee your opinion too, what would you do? Do I tell phone callers, texts etc that I have booked a BR appt in six weeks or hide behind curtains? I can do either but not sure which will be easiest on my family who cant answer phone at moment. Will I cause more problems by telling them I am going BR or by avoiding this for another couple of weeks and then confessing when say a month away. Thanks Again, Steve
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John
New Member



United Kingdom
73 Posts

Posted - 28 March 2009 :  10:53:05  Show Profile  Reply with Quote
Hi

if I may add.
I agree wholeheartedly with Paul.

The first point is that to remove goods to avoid bailiffs is totally unnecessary as they cannot force entry.

Likewise if news of such an act were to reach the ears of the OR, via a 3rd party or the bailiff, there is no doubt your case would go under the very strictest of scrutiny so if you were to have any skeletons lurking in the cupboard you would be in a very precarious position. The OR is fair but if avoidance is suspected in any way they will naturally wonder what else you may have attempted to hide.

With that in mind and the fact that once bankruptcy occurs the OR will have no interest in these household items I think on balance to remove goods, albeit temporarily, to give peace of mind could well impact far more than it's worth.

As an aside and to answer stressedoutsteve's question, if you do allow bailiff's entry then it is your responsibility to prove goods are not your property and not the other way around.



John White
England Jackman & Spacey
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stressedoutsteve
Starting Member



United Kingdom
42 Posts

Posted - 28 March 2009 :  14:22:43  Show Profile  Reply with Quote
Thanks John. Still would like advice re creditors though. Do I tell themI have aBR appt in 6 weeks, or will that make the harrasment worse? what do you think? Steve
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John
New Member



United Kingdom
73 Posts

Posted - 28 March 2009 :  15:17:19  Show Profile  Reply with Quote
Hi

I'm afraid there is no straight answer.

It may slow down the calls and letters, it may not.

It may prompt a visit from an appointed debt collecting agency (you most definitely do not need to answer the door or let them in)it may not.

As we have established bailiffs cannot force entry.
And there's little time to instigate the process, if they haven't already, with the court date 6 weeks away.



John White
England Jackman & Spacey
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stressedoutsteve
Starting Member



United Kingdom
42 Posts

Posted - 28 March 2009 :  15:46:02  Show Profile  Reply with Quote
Thanks John. I think I;ll just togh it out for now. As you say, six weeks isnt long. (I hope). Anyway, thanks for all the help and reassurance. I feel much clmer about things now I have adate at least. Roll on 9th May! steve
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 28 March 2009 :  16:07:38  Show Profile  Reply with Quote
Good luck Steve.

The glimmer gets brighter all the time

Jan
xx
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xmas baby
Average Member



537 Posts

Posted - 30 March 2009 :  16:38:16  Show Profile  Reply with Quote
My own experience with creditors is they are still sending me letters stating I haven't paid and have forwarded my details to a debt collection agency. I even received a text this morning from Marbles to say my new card would be on its way and to activate it I need to phone this number....incredible. I have even informed them I am now bankrupt. I haven't involved the OR up to now, but if it continues, I will inform the OR and ask her to deal with it and make sure they stop any further calls/letters. After all, this is why I decided on bankruptcy in the first place, to stop the pressure of the creditors.

xmas baby
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