Bailiffs Calling After Bankruptcy - Help Please

[brassnecked]

No, they just gave me an inventory form, with the make, wrong colour of car & reg number. Doesn't say its a notice of seizure

A Form 55 then? as that would be the levy

[debtinfo]

I am hessitant to offer advice as this area is very complicated and depends exactly on the circumstances and there are also other complications such as if the distraint has been conducted properly but the following if worth a read as it contains much information regarding how distraint interacts with bankruptcy.

 

http://www.insolvencydirect.bis.gov.uk/freedomofinformation/technical/TechnicalManual/Ch1-12/Chapter9/part1/Part_1.htm#$10035

 

Just for the record as it has been stated wrongly above,the bankrupt does not have his liability for the debts taken away when the bankruptcy order is signed, the liability remains until the discharge date, between bankruptcy and discharge it is meerly that action against the bankruptcy is not allowed to be taken, but with certain exceptions as shown in the above link

[wend969]

I have gone through the information link above, & all through the document it refers to the landlord, this person is not our landlord anymore and the rent arrears are from over 5 years ago, it also states in the document something about levies for landlords with rent arrears to the previous 6 months? Also I don't think that the bailiff has levied the car properly either? Can i ask the sheriffs office for a copy of the levy & the warrant? I'm really scared they are going to come out again & take the car, I then won't be able to work or pay the insolvency ppl the money i have to pay. Please please can someone help me further? Thanks for all the advice so far

[wend969]

Can someone also explain what a distrain & distress is please?

[brassnecked]

Basically, Distraint and Distress are processes by which a creditor can take your goods and sell them to pay off a debt.

[Fair-Parking]

Like all bailiff threats and assumptions, this 2 dimensional creature didn't quite get round to providing any proof to substantiate what he thinks he can get away. If you are bankrupt, then the bailiff will have to take his place in the queue.

 

He needs to study the bankruptcy laws and come up with a definitive paragraph that he can produce, but then if he's ever read them, I'll give you the money mesself.

 

As HHJ Cryan once said to a bailiff in court. 'Some people might be sceptical about what you are describing to me is the real world, or not'.

[caledfwlch]

Ok, I think I have noticed something?

 

Reading the link, a Landlord has a right to Distrain against anything on the property. But the OP's car was levied by a court bailiff, acting under a warrant based on a CCJ, and iirc, the OP had LEFT the landlords property by then, and surely, unless there was a garage, or private parking space in the landlords property, then he would be unable to distrain on a vehicle anyway?

 

Also, the list of what a Landlord is lawfully allowed to distrain for rent, does NOT include private motorcars, only "Agricultural machinery"

 

I would suggest that this is very like a "bog standard" levy off a bog standard CCJ/Warrant of Execution and thus covered by the Bankruptcy Order. This was not a Landlord distraining on his property for rent, it was a CCJ claim.

[wend969]

I hope your right, but this is how I understood it to mean. (caledfwlch)

 

I have had a reply from the sheriffs office, as I sent the details of my bankruptcy. This just said they would pass the details onto their client. What does that mean?

 

Thank you everyone for all your help

[caledfwlch]

I hope your right, but this is how I understood it to mean. (caledfwlch)

 

I have had a reply from the sheriffs office, as I sent the details of my bankruptcy. This just said they would pass the details onto their client. What does that mean?

 

Thank you everyone for all your help

 

It means they are asking the former Landlord for further instructions. Hiding the car might be an idea for the moment till this is sorted?

 

If the Landlord insists on attempting to continue, even though your personal liability to the debt in terms of obligation to pay is gone, he could be stepping into a minefield.

 

Speak to your Insolvency Practioner maybe and ask him this: If the Bailiff's remove to sell, the vehicle for a debt covered by the Bankruptcy, then how come the Landlord is being allowed preferential treatment, and is being effectively, allowed to receive wealth from your assets, whilst your other creditors get nothing - exactly what makes his debt more important than theirs!

 

One intriguing thought I did have You could contact your other Creditors, by email, letter or phone, and inform them that the Landlord is attempting to gain preferential treatment, and force a payment from the estate, whilst they get nothing! Obviously you would give them his name and contact details, if you have them.... I can't see them being terribly chuffed, and will whine enough at your IP that he does his job properly and looks into this, properly.

[wend969]

I spoke to my insolvency practioner said they can still take the car, they haven't even seen a levy or anything & I don't think they know what their talking about. I am going to do what you suggest aswell.

 

If the bailiff doesn't have a warrant can he not take the car, because I rang the police and they seemed to think he couldn't take it without one and he didn't show me one.

 

Thanks again

[caledfwlch]

Hey, Brassnecked - is an unsigned levy on a vehicle, from 8 months ago, when the vehicle was not clamped or removed valid in any way?

[brassnecked]

An unsigned levy is valid, but 8 months with no action to enforce, may well lead to it being considered abandoned, ploddertom is your man on that one i think.

[ploddertom]

When a Bailiff levies ANY goods he is required at that time to provide a Notice of Seizure listing the goods seized. This must be left with the debtor or his representative or in their absence may be left at the premises attended (I believe it is also permissible to leave it attached to the windscreen of a motor vehicle). The Walking Possession form provided by the Bailiff does not have to be signed by the debtor to make it valid, a signature provides for the Bailiff to charge an extra fee.

 

In many instances some form of payment plan may be arranged and providing this plan is adhered to means the goods can remain with you. If there is no arrangement in place the Bailiff should take steps to ensure the goods seized are still in good condition and available to him if he should decide to return to remove them. He must do this regularly - possibly on a weekly basis - otherwise it can be claimed he has abandoned his levy in which case the levy fee and ALL associated charges should be removed.

 

If in this case the levy was indeed made 8 months ago and no one has returned to check on the goods then I agree the levy should be treated as abandoned. Some enforcement companies rely on 1 case to argue otherwise and if indeed this were the case then a Bailiff could come back only once a year - they fail to take the rest of the Judgment into consideration.

[wend969]

Hi, thank you for all your help. |'ve just had an email from the high courts & all action has been stopped. Whoooooo.

 

Thanks again for all the help & advice

 

Wend