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jim_h
Junior Member
United Kingdom
219 Posts |
 Posted - 16 August 2008 : 10:58:41
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| what happens when one person goes bankrupt to a joint debt as my wife doesnot work now its for £2500 |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 11:14:28
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Hi
all joint debts, secured or unsecured, hold joint and several liability. This means if one party is made bankrupt the other non bankrupt is liable for the full amount, in this case £2500.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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jim_h
Junior Member
United Kingdom
219 Posts |
Posted - 16 August 2008 : 14:42:39
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| so is they any point on me declaring this on my debt petition as my wife has no income and has debt off £2250 is it worth it her going bankrupt for such a small amount |
Edited by - jim_h on 16 August 2008 14:46:24 |
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Skippy
forum expert
United Kingdom
3290 Posts |
Posted - 16 August 2008 : 16:33:12
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You will have to declare the debt on your SOA as all of your debts must be included. I'm not sure what will happen about your wife being responsible for the debt, hopefully one of the experts will be able to advise.
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/ |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 16:56:37
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Hi
what happens to your wife, with no income, is in the hands of the creditor. They may petition for her bankruptcy if they wish or they could instruct bailiffs.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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jim_h
Junior Member
United Kingdom
219 Posts |
Posted - 16 August 2008 : 18:43:50
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| every think we own is joint do they cut it in have just a thought |
Edited by - jim_h on 16 August 2008 18:44:51 |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 20:30:32
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Hi
as it's a joint debt you're refering to then a bailiff could remove any joint owned item.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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jane.m
Junior Member
230 Posts |
Posted - 16 August 2008 : 20:37:49
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HI John
Please forgive me for butting in when you say they can instruct balliffs would they first have to get a ccj and if you default on that they can then instruct the baliffs I didn't think baliffs could come to your house unless you have defaulted on a ccj. I just thought by asking this question it may help others who are worrying about this.
many thanks
Jane |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 21:42:25
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Hi
there are various types of bailiffs.
County Court, Certificated, and Private.
The CC Bailiff would normally collect a CCJ but a private bailiff could be sent by a creditor.
However all the usual rules still apply, if you don't let them in and there are no doors or windows open then they can't do very much.
It's more a point of do you want the hassle really.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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jane.m
Junior Member
230 Posts |
Posted - 16 August 2008 : 21:54:49
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Hi John
I a pressuming that they would have to give you notice to enable you to negotate a payment with them. Also I suspect a creditor would only send a baliff if they were not receiving any payment. Would the same rules apply in regards to childrens toys etc are safe and your basic living requirements. I am assuming that they cold however take your tv etc and even your car.
Many thanks
Jane |
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John
New Member
United Kingdom
73 Posts |
Posted - 16 August 2008 : 22:13:22
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Hi
the bailiff would not give notice but the creditor is obliged to do so before sending them in.
Toys etc would be safe but, unlike the OR in BR, they would be interested in TV HiFi PC etc.
The car they could take also.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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jim_h
Junior Member
United Kingdom
219 Posts |
Posted - 17 August 2008 : 19:48:56
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| can the baliff take goods my wife owns as well as mine if the debt is in my name only |
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John
New Member
United Kingdom
73 Posts |
Posted - 17 August 2008 : 19:53:07
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Hi
no, but you may need to evidence they belong to your wife.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 10 September 2008 : 21:31:05
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Hi just a quick note
if your wife has other debts ( 3 minimum and totalling less than 5k ) if she has a CCJ she can apply for an Administration Order which is like a mini Br.
It gives her protection from the creditors, is court approved and she would only pay back what she owes.
Might be worth looking into
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
www.revivauk.com |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 11 September 2008 : 15:52:01
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Hi Mark,
The only time you need to worry about bailiff action is if they have a court-issued Warrant of Execution following non-payment of a CCJ. However, this does not apply in certain cases such as council tax where a CCJ is not required before a bailiff can be instructed.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 12 September 2008 : 11:57:52
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Hi Mark,
Glad to be of service.
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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joint debts
