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rich1972
Starting Member
United Kingdom
33 Posts |
 Posted - 10 April 2011 : 12:55:17
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me and my wife went bankrupt on 8/4/2011 we have a council tax liablity for last year (2010/2011) and also my wife signed a walking possession agreement last september (unknown to me) she was making payments of 180 pounds a month until we got a visit from bailiff (rossendales) saying they wanted the whole remaining balance as they hadnt recieved a signed agreement about paying monthly. We included the debt on our bankruptcy. I phoned the council and they gave me the impression that the debt would be cleared...but then the lady at the official recievers says it might not be?? cant seem to find any info thats relevant to me on forums.
does anyone know if walking possession agreements have an "expiry date"? the things on it were very low value..(app 800 pounds to replace brand new) can the bailiff still come and remove them if the debt with the council is in the bankruptcy? and charge me all the associated fees?? (all the bailiffs fees were incurred before the bankruptcy)
any help would be appreciated thanks |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 10 April 2011 : 13:00:34
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Hi Rich and welcome to the forum.
When you went bankrupt then last years council tax should have been included.
I have no idea what happens with a walking possession though - one of the experts will help later.
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
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debtinfo
forum expert
2826 Posts |
Posted - 10 April 2011 : 13:47:04
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Hi kallis, although the debt is included in the bankruptcy, there is an exception for council tax debts where a liability order as been obtained which states that they can carry on with a bailiff action.
It is down to the council to withdraw the bailiff which they can do at their discretion, so if the council said it had been cleared then the OP should be fine |
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Niobe
Administrator
United Kingdom
4590 Posts |
Posted - 10 April 2011 : 13:52:51
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Thanks debtinfo - something I wasn't sure about there!
Double, double toil and trouble;
Fire burn, and cauldron bubble.
Jan
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rich1972
Starting Member
United Kingdom
33 Posts |
Posted - 10 April 2011 : 15:50:54
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| ok thanks for that...so if the council insist on collecting the debt then surely i can mention that to the official reciever...the head of revenue at the council arranged a payment plan over 12 months of £87 a month...and put it as an expenditure? |
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welshaly
New Member
79 Posts |
Posted - 12 April 2011 : 19:19:06
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| hi rich i have the same bother with rossandales i want to put rossandales in my br did you put them down in your br |
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rich1972
Starting Member
United Kingdom
33 Posts |
Posted - 12 April 2011 : 22:34:49
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hi yeah we included it, the lady i spoke to at the official recievers said i had to sort it with the council...ive been doing some research and in the insolvency act it says that council tax even if it has a liability order is a provable debt, so goes in the bankruptcy but then i read another law i think it was the local council act that they can still persue the debt post BR (but is rarely used apparently)...so dont know where we stand at all, till i hear from them...are you on face book? i can let you know how it goes if you want :-)
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welshaly
New Member
79 Posts |
Posted - 12 April 2011 : 22:42:59
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| i didnt sign my distress liability order with rossandale but i just hide they are not nice nor resnable |
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rich1972
Starting Member
United Kingdom
33 Posts |
Posted - 12 April 2011 : 22:43:51
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| yeah we included it in the BR but the recievers office told me i had to sort it with the council...the liability order thing seems to chuck a spanner in the works and i just seem to be getting conflicting advice whether or not my debt to the council will be wiped! still waiting to hear from the council...dont bother writing to rossendales i wrote and emailed them last week regarding our walking possession agreement and they havent written back...if u look through other forums they are quite good at this...deal with the council if its council tax debt as rossendales are representing them and therefore accountable..at least the council write back! good luck |
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rich1972
Starting Member
United Kingdom
33 Posts |
Posted - 12 April 2011 : 22:49:38
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| did you let them in? if they just posted it through your letter box then im sure its not valid...try not to worry...no one seems to know the law 100% i was fretting about it for a couple of days but the stuff they wrote down is worthless anyway! like i say if you have never let them in the house and they havent levied on a car you shouldnt have a walking possession anyway...thats as far as i know...you could try ringing the number at http://www.bailiffadviceonline.co.uk/ they seem in the know...its a pay to call line so dont keep them on too long though |
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welshaly
New Member
79 Posts |
Posted - 12 April 2011 : 22:49:47
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| yes it is council tax dedt off to cab for them to check my br forms but i dont think much of them i get more joy and understanding on here i have posted my outgoings on here if you wouldnt mind looking at thanks im a single parent with a daughter in full time collage thanks rich1972 |
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rich1972
Starting Member
United Kingdom
33 Posts |
Posted - 12 April 2011 : 23:09:38
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| hi aly well your not alone re your probs with council tax and bailiffs so try not to worry too much...im no expert dont know if my outgoings were right either! but the court judged us bankrupt so just have to wait and see....some people on here know loads more than me im just sorta quoting from what ive read on the net...do you qualify for legal aid? you can go on the legal services commission website and fill out the short eligibility form... |
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welshaly
New Member
79 Posts |
Posted - 12 April 2011 : 23:12:13
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| they put my car that was parked outside my house down but i didnt sign it and how did they know it was my car |
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rich1972
Starting Member
United Kingdom
33 Posts |
Posted - 12 April 2011 : 23:18:07
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oh right yeah i think they can do that...im sure they can find out from the DVLA or might have just guessed? sorry im really not an expert
have a look at this link
http://www.bailiffadviceonline.co.uk/walking_seizing.htm
i read it as you both need to sign for it to be valid...my wife signed ours while i was out...i wouldnt have let him in...but ours just lists a few (mainly worthless) items in the house
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welshaly
New Member
79 Posts |
Posted - 12 April 2011 : 23:24:28
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| they are nasty i hate ringing them they wanted 200 a month i couldnt afford that so im at court 26 april to go br i just want it over with and be able not to jump or panick when the door rings or the phone rings |
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rich1972
Starting Member
United Kingdom
33 Posts |
Posted - 12 April 2011 : 23:34:50
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yeah i know how you feel my wife is scared to death of the doorbell...nice of them to make people feel like that. unsecure in their own homes...dont forget your not obliged to speak to anyone on the phone and you dont have to let a bailiff in no matter what...i still dont know whats gonna happen to us re this liability order but hell im not goin to worry...why should i? BR is a legal debt relief so dont feel bad ok
i couldnt be a bailiff they are just driven by greed...im off to bed now so hopefully someone else with a bit of knowledge will jump in an offer some advice ill check back tomorrow...and for the record please dont worry about the hearing itself, the staff at the court were very understanding and sympathetic, from the clerk to the judge, i wouldnt say it was pleasant (when is going to court pleasant!) but we were made to feel at ease an never once felt like we were judged or treated like 2nd class citizens, unlike when you speak to "enforcement" companies...i wish you the best :-) |
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Topic |
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Do walking possession agreements have expiry date ?
