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 high court bailiff
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stevej
Starting Member

5 Posts

Posted - 09 January 2012 :  13:16:42  Show Profile  Reply with Quote
hi to all
sorry if it seems a bit garbled.
on the 14th of dec i had a high court sherriff from marstons knock my door regarding a ccj for a credit card debt £5,210.00
unfortunatly i let him in to dicuss the matter. (i now know this was a mistake ) he done a walking posession order, dining room table and chairs, 2 sofas, tv, stereo.
i have phoned the court and they did not receive our i&e forms which looks like we ignored it so the judgement was enforced.high court writ of fifa.
we have spoken to national debtline and cab and advised to apply for br, so have filled in the forms borrowed the money off family and made an appointment , 18th of jan.
my problem is we have had another letter from marstons to say they will attend our premises with removal contractors on 11th of jan.
im not sure what to do, will ringing the officers stop them coming or am i scuppered.


Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 09 January 2012 :  14:26:12  Show Profile  Reply with Quote
Hello there

I would contact the sender of the letter (Marstons) as soon as possible, and advise them of the fact that you have taken advice and are filing for bankruptcy on 16th January at....County Court. You may find that they will place your file 'on hold' pending the bankruptcy.

As you have no doubt already been advised by the CAB etc, that as they have already gained access to your presmises, there is nothing to stop them carrying out thier possession order, Another solution, if they will not place the file oon hold pending the bankruptcy hearing, is to contact the court, speak to the bankruptcy clerk explain your position, and see whether you can obtain an earlier bankruptcy date (prior to 11th - ie tomorrow)

Hope this helps, Melanie

Melanie Nicholas CertDR
30 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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stevej
Starting Member

5 Posts

Posted - 09 January 2012 :  15:01:36  Show Profile  Reply with Quote
hi melanie
thank you for your response
i have spoken to marstons and they said the only way i can stop them coming is to pay £200.00 and promise to pay £200.00 a month after that, as of which time i will have submitted my petition, so it will be passed back to the courts.
my brother said he will sub me the money.
the court have no other available appointments.
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Melanie.n
forum expert



United Kingdom
1282 Posts

Posted - 09 January 2012 :  15:14:14  Show Profile  Reply with Quote
did you explain your position to the Courts?

Melanie Nicholas CertDR
30 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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stevej
Starting Member

5 Posts

Posted - 09 January 2012 :  15:50:14  Show Profile  Reply with Quote
yes i did and the lady was very nice but unfortunatly all booked up.
this is a great site and would highly recomend it.
thanks melanie
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 09 January 2012 :  16:12:51  Show Profile  Reply with Quote
This is what bailiffs can/cannot do. Hope it helps/

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe



Jan
xxx
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Blackie
forum expert



United Kingdom
565 Posts

Posted - 10 January 2012 :  09:20:06  Show Profile  Visit Blackie's Homepage  Reply with Quote
Hi stevej

As your brother is prepared to loan you £200, why not pay Marstons the money to get them off your back. The next instalment will not be due for another month by which time you will be bankrupt and all further legal action will cease. Unfortunately time is not on your side but every effort must be made to stop the bailiffs removing your goods.

All the best

John Blackadder
Bankruptcy365

For help and advice on the easiest and most effective way to a debt free future, please go to www.bankruptcy365.co.uk.
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stevej
Starting Member

5 Posts

Posted - 10 January 2012 :  10:13:10  Show Profile  Reply with Quote
i had the same thought blackie so paid the money yesterday.
br here we come , look forward to a bright new year and stay positive.
many thanks
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glafy
forum expert

436 Posts

Posted - 10 January 2012 :  15:14:19  Show Profile  Reply with Quote
Hi stevej

This sounds a really stressful time for you!
Good Luck with everything & I hope you can keep things safe until your BR date.
Do keep in touch & let us know how things progress.



"Life isn't about waiting for the storm to pass...
It's about learning to dance in the rain."
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stevej
Starting Member

5 Posts

Posted - 23 January 2012 :  14:45:43  Show Profile  Reply with Quote
hi all
i had my court appointment on the 18th of jan and as most said it was painless.
arrived at 10.45am and out by 11.40 not seen by the judge.
every body i dealt with was very polite.
the lady who went through the form was very helpful also.hope this will put other peoples mind at rest.
i have got my app with the or on the 31st of jan which i must admit im not looking forward to,as i was in business just under 2 years ago and cant remember alot about the run up to packing it in.
im sure it will be ok , its a fear of the unknown questions.
wish me luck.
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Niobe
Administrator



United Kingdom
4590 Posts

Posted - 23 January 2012 :  17:35:50  Show Profile  Reply with Quote
Glad you got it all sorted Steve - good luck and of course if you've any questions or need any support then come back and visit us.

Follow through
Make your dreams come true
Don't give up the fight
You will be alright
'Cause there's no one like you in the universe



Jan
xxx
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