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| T O P I C R E V I E W |
| stressedoutsteve |
Posted - 27 March 2009 : 13:30:41
Hi all, I have posted this as aquestion to the Experts, but want to ask for any other advice too if thats ok. I am deep in debt to banks and credit cards, to the tune of over £100K. I have not paid car HP for two months now and am getting calls, letters and texts daily from the banks, CCards and someone called 'Aegis' who I assume is adebt recobvery co. Today I decided I cant put it off any longer and rang the local court (nottingham) to make a BR appt, hoping to get it done next week. I was horrified to be told that I cant have an appointment until friday 8th may!Six Weeks! I dont know hwat to do now. Do I tell my creditors I have made a BR appt? What will they then do? Or do I continue to ignore texts, letters calls etc and just grit my teeth and wait it out? I am so let down today 'cos I thought that today really was going to be the first day of the rest of my life, guess not. N.B. I am half owner of ahouse in Spain worth around £350K but ex-wife wont sell or move out (despite financial seetlement agreeing to do so) so thats why I'm here! I will tell OR about the house, hopefuly they will evict her, pay debts and disharge me. Any way, sorry to bang on, any advice welcomed guys, thanks, steve. |
| 15 L A T E S T R E P L I E S (Newest First) |
| xmas baby |
Posted - 30 March 2009 : 16:38:16
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 |
| Niobe |
Posted - 28 March 2009 : 16:07:38
Good luck Steve.
The glimmer gets brighter all the time
Jan
xx |
| stressedoutsteve |
Posted - 28 March 2009 : 15:46:02
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 |
| John |
Posted - 28 March 2009 : 15:17:19
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 |
| stressedoutsteve |
Posted - 28 March 2009 : 14:22:43
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 |
| John |
Posted - 28 March 2009 : 10:53:05
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 |
| stressedoutsteve |
Posted - 28 March 2009 : 10:29:20
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 |
| Reviva UK |
Posted - 28 March 2009 : 08:28:49
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 |
| memphisd56 |
Posted - 27 March 2009 : 22:34:34
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 |
| stressedoutsteve |
Posted - 27 March 2009 : 22:31:37
Thanks Skippy. Any ideas re Baliffs? do they have to proove onership of goods to seize? thanks Steve |
| Skippy |
Posted - 27 March 2009 : 22:27:21
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! |
| stressedoutsteve |
Posted - 27 March 2009 : 22:23:51
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 |
| stressedoutsteve |
Posted - 27 March 2009 : 22:21:10
Thanks Guys. Really usefull advice.I live as tenant in house where all goods, tvs,stereos etc belong to ownwer of propety so nothing except few books and dvds are mine. Iwalked away from a marriage with just a suitcase so apart from car on hp no possesions to seize.(apart from half share in house abroad0 I hope I am right in assumption that baliffs have to proove that anything they seize belongs to me and noone else? Can anyone advise? thanks for web link, great forum> steve |
| Skippy |
Posted - 27 March 2009 : 22:15:53
I wasn't having a dig Memphis, I just wanted to make it clear that it's not worth hiding anything from the OR as if they find out life could become very difficult! I agree, the OR wouldn't be interested in most household goods, but someone might think it's ok to hide the 60" plasma TV they bought on credit a couple of months ago!
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! |
| memphisd56 |
Posted - 27 March 2009 : 22:10:08
I wouldn`t have thought that the O.R would be interested in 3 piece suites, or televisions under £1000....stuff that baliffs would whisk away in a jiffy..
Your right of course about cars e.t.c, as the O.R can trace those....that is, unless you removed them from being in your name for a year before declaring. Yes...i`ve bent the rules, but not broken any!! |
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