| Author |
 Topic  |
|
|
sam2008
Junior Member
United Kingdom
186 Posts |
 Posted - 09 December 2008 : 11:07:31
|
could any one give me advice on what happens if you get a home visit from a high court enforcement officer? i owe 3200 pound and had a visit today, but i was not in, what powers have they got? and what can they do? i have written to the creditor and explained my circumstances that i am only in reciept of benefits now and can not pay, house soley in husbands name, along with the car. worried as to what will happen now. they have left a letter to ring regarding the debt. please could i have some advice...REALLY WORRIED..
sam |
|
|
John
New Member
United Kingdom
73 Posts |
Posted - 09 December 2008 : 15:39:01
|
Hi
High Court Enforcement Officers are private sector bailiffs.
They cannot force entry to your home.
They are entitled to take "walking possession" of any assets provide it can be established that the assets belong to you. "Walking Possession" can only take place if you allow entry to your home with the exception of a vehicle which, again, must be registered in your name. If a vehicle registered in your name does not, in fact, belong to you the onus is on you to prove it or it will be sold at auction and the proceeds will go to the creditor.
I would call them if I were you as they won't go away.
I realise you have no income to make any repayments toward the debt but if it is established that the only real asset is the property then, regardless of the fact that it is in your husband's sole name, the creditor's representatives will seek to prove that you have a proprietary interest, if indeed you have one.
If you have ever made contributions toward the deposit, the ongoing mortgage payments or toward utility bills then, dependent on the extent of your contributions, it can be claimed in law that you have an interest.
If this were the case then the creditor could a) place a charge over the property for £3200 (+ 8% compound interest per annum)to be realised at the time of any future sale, or c) petition for your bankruptcy.
This would not seem to be an inevitability in your case as the cost to the creditor would be £1500 to £2000 which would reduce their benefit in the event of a forced sale of the property.But once in bankruptcy, if the sale is forced the only "winner" would be the trustee as there is no limit as to the fees he may charge to oversee the forced sale.
So if there is equity in the property and any chance of a proprietary interest being proven the advice would be for your husband, if he can, to pay the debt to avoid what could be severe repercussions later.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
 |
|
|
sam2008
Junior Member
United Kingdom
186 Posts |
Posted - 09 December 2008 : 22:35:07
|
Thankyou John for your your reply, we are really worried now about what can happen and my husband did phone the number on the bottom of your reply, just waiting for a call back as we have a few questions we need help with. I have telephoned the person who called at the house and i have explained that i can not afford to pay the outstanding debt as i am in reciept of benefits alone due to having to give up my business in april this year to look after my youngest child who was diagnosed with a serious illness and now needs my constant care, and we have many visits to liverpool hospital each week or month. i had no choice in giving up the business as my childs illness was unexpected and my main concern is him, but this has left me with about 30 thousand pound of debt that i can not pay. and i am worried what will happen next. would it be better for myself to go and petion for my own bankrupcy as i have no assets? we are also worried about the house but my husband had the house for many years before i moved in and he is the one that pays the morgage and the bills. I just pay for shopping and the childrens needs and clothes out of the benefits i have.I just dont know what to do.. really worried and stressed...The high court enforcement officer did say he would be sending a income and expenditure form for me to fill in and i must make an offer of what i can afford to pay on the form even though i tried to explain i can not afford to pay anything and that is really the truth...dont know what to do, as i know i could not commit to paying as i could not afford to...
sam |
Edited by - sam2008 on 09 December 2008 22:37:46 |
|
|
|
movin on
Average Member
United Kingdom
946 Posts |
Posted - 10 December 2008 : 09:35:13
|
Hi there Sam
I am no expert and cannot give you any advice, however i just wanted to add that i would not commit to any amounts until you have sought advice...The helpline are very busy but will certainly get beck to you and they were so much more helpful to me than the CAB (my opinion only as they were rubbbish).
You need to concentrate on looking after you family and try and post here whenever your feeling down or need advice as there is always someone to help and support you. Please use the forum to lean on for support 
Good luck and take care
Jenny
xx
xx
Onwards and Upwards is the way im going :-0)
xx |
|
|
|
sam2008
Junior Member
United Kingdom
186 Posts |
Posted - 10 December 2008 : 10:16:18
|
Thankyou so much for your reply jenny, we will wait for a call back as we have so many questions.. Thankyou..
sam |
|
|
|
sam2008
Junior Member
United Kingdom
186 Posts |
Posted - 11 December 2008 : 12:10:33
|
We wanted to say "THANKYOU" to John for the call back we had yesterday, after having our questions answered i have decided the only way for me is to go and petition for my own bankrupcy, (it sounds so scary!) but it is the only way as i can not carry on with all this worry and stress and having bailiffs calling at my home. just have a question though where do i start? do i just go to the court and ask them? or do i phone them? or do i get the forms and then take them in with me? i probably sound really dumb, just dont know where to start, I have phoned up this morning and applied for a post office card account to have the benefits paid into, and i just need to get things going now! everyone will be sick of me soon with all my questions as no doubt i will have loads more.. But THANKYOU to John once again!! we appreciated your call back!!!
sam |
|
|
|
John
New Member
United Kingdom
73 Posts |
Posted - 11 December 2008 : 14:46:35
|
Hi there
pleased you thought our chat was helplful.
Call the local county court and
a) ask if they hold jurisdiction in bankruptcy over your postcode area.
b) request forms / pack be posted to your address (this should be free)
c) ask the court if they have an appointment system or walk in system. If appointment, ask how long the waiting list is now - this way you can guage the timing of your earliest possible appointment once you have assessed both the forms and the collection of the fees.
c) complete the forms in the more obvious places.
d) Use the forum to assist with the less clear aspects of the forms.
e) have the court fee to hand
Your Ready!!
Good Luck!
www.Bankruptcyhelp.org.uk
0800 078 9367 |
|
|
| |
Topic |
|
high court sheriff?
