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888
Starting Member
United Kingdom
10 Posts |
 Posted - 23 December 2008 : 08:38:55
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Hi, my wife is closing her shop after xmas, because she dosent have enogh money to pay the rent. Her lease finishes in June 09
She is thinking of just closing then apply for bankrupcy, as no doubt the landlord will chase her for the rest of the rent.
We just got married a few months back so, and she moved in a few months ago. I been living here over 5 years now, contents and tenancy at my flat is all mine.
So my question is, once landlord want to send baliffs. If they have a court order could they enter the my flat to seize goods, wheather i give them acces or not?
So should she be proactive and declare bankrupcy 1st??? Or wait for the court order, then apply???
She is now unemployed and has put in a claim for benefits now.
Please Help |
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JulianDonnelly
Junior Member
United Kingdom
325 Posts |
Posted - 23 December 2008 : 09:02:25
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Hi 888,
The landlord will first have to obtain a CCJ against your wife. He will then have to wait 28 days for your wife not to pay before he can apply to the court for a Warrant of Execution in order to get the bailiffs in. I would suggest time is on your side at present!
Julian Donnelly
Spokesperson for www.Bankruptcyhelp.org.uk
Don't forget the helpline on 0800 078 9367 |
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888
Starting Member
United Kingdom
10 Posts |
Posted - 23 December 2008 : 10:11:33
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Hi, many thanks for getting back to me. We are living in rented accomandation at the moment. So, i was wondering once the landlord has applied for the court for a warrant of execution.
Could the baliffs break into the property and take all my stuff and my car? I been living there for some years now, and ive had the car for 4 years. |
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John
New Member
United Kingdom
73 Posts |
Posted - 23 December 2008 : 12:03:36
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Hi
as the car is in your name and is your property they cannot touch it.
Bailiffs are not permitted to break in.
If they should arrive after the creditor has obtained a CCJ (your wife would be informed if there is one) they can turn up at the property.
However, if you explain that you have lived there for 5 years and she for only a few months and that all contents belong to you then they cannot remove anything.
They have to be sure that your wife owns an asset, either solely or jointly, before it can be removed.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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888
Starting Member
United Kingdom
10 Posts |
Posted - 23 December 2008 : 13:43:11
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Thanks for your reply. So i mean if they cannot enter the property because on my tenancy agreement on my flat only shows my name, i think it was signed in 2002. They cannot take my car away, cos had it for 4 years.
So, is it worth filing for bankrupcy, or could she just ignore the letters, and the baliffs???
If she just ignored it, and done nothing how long would the CCJ be on her name, or could they keep on chasing for payment???
Thanks in advance |
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John
New Member
United Kingdom
73 Posts |
Posted - 23 December 2008 : 14:25:51
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Hi
there's no way of telling how your wife's creditors will act or react, or what timescales they will set for the various actions open to them.
If she is in a lot of debt and no means of paying then bankruptcy may be the best solution particularly as your assets are safe.
It would also put you and your wife in control of the schedule of events rather than you both being in the dark and wondering what will happen next and when.
www.Bankruptcyhelp.org.uk
0800 078 9367 |
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movin on
Average Member
United Kingdom
946 Posts |
Posted - 23 December 2008 : 14:42:00
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Hi there
My personal opinion is once your wife knows she is insolvent then she should be the one to take control of the situation, or as John says, you are completely in the dark, got no control and will be constantly worrying 'is it going to be today'
Good luck
Jenny
Onwards and Upwards is the way im going :-0)
From "Moneyworries" to "Movin On" in 3 months is fantastic :-))
xx |
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888
Starting Member
United Kingdom
10 Posts |
Posted - 23 December 2008 : 14:55:31
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| Thanks everyone for getting back to me, i really appreciate it. Thanks |
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WHAT TO DO NEXT???
