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Bailiffs Archives - Bankruptcy UK

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Bankruptcy Myths Debunked

Many of those considering bankruptcy often abandon the idea due to fear of the unknown. With doubt surrounding all manner of issues, people opt for ‘safer’ options such as Debt Management Programmes (DMPs) or Individual Voluntary Arrangements (IVAs).

Ironically, the very alternatives designed to ‘soften the blow’ often result in protracted payment plans that achieve little or nothing. Under a DMP, there is little prospect of ever repaying the capital while most IVAs are abandoned after 2 – 3 years due to the payments being unaffordable and constantly reviewed.

Indeed, 80% of our client base is made up of former DMP and IVA clients. With a maximum bankruptcy period of just 12 months and a guarantee that the debt is liquidated once and for all, smarter members of the public have seen the light. Who needs a five year debt plan when everything can be done and dusted in 12 months?

Of course, there are the usual doubts: ‘What will I lose?’, ‘Who do I see?’ and ‘Will I be embarrassed in open court?’ To put your mind at rest, here are the top eight myths and the answer to the questions:

I will have to explain myself before a Judge. This is no longer an issue as cases are now processed online and there is only one phone call involved, but no face to face interaction. Other communication will be by letter and email, but nobody comes to your house at any point during the process. You can literally enter into bankruptcy from the comfort of your armchair.

Bankruptcy will ruin my credit rating forever. Wrong. In many cases, people have good credit ratings as soon as 18 months after discharge. If active measures are taken to improve credit ratings, it is now possible to get a mortgage three years after discharge, provided there has been no trouble in between.

I won’t be able to have a bank account . It is now extremely rare for banks to close accounts unless there was debt with the bank in question. However, if you are having problems try the Barclays’ ‘Cash Account’ (which has a chip and pin card) or Cooperative Bank’s ‘Cashminder’ account. Both will welcome you with open arms.

I will lose my mortgaged property. Not necessarily. If the house is in negative equity, any decision will be deferred for 27 months pending another assessment of the equity position. Even if it was found there was some equity after two years, a forced sale is unlikely. More likely is that a charge would be placed against the property, to be redeemed when the house was sold.

Bailiffs will take everything away. Wrong. Bailiffs have got nothing to do with the bankruptcy process. Bailiffs usually only appear for one of two reasons a) non-payment of the monthly terms of a County Court Judgement or b) non-payment of Council tax following the issuing of a Liability Order. If you have neither of these you will not see a bailiff.

I will lose my job if I go bankrupt. Most unlikely. There are few professions that have restrictions and these are mostly in financial services and Solicitors, but for most everyday jobs this simply isn’t the case. We have taken countless NHS staff, teachers, Council and office workers through the procedure with no comeback.

I will have to make monthly payments for the next three years. Although it’s true that the Official Receiver will assess whether you have any surplus income with a view to placing you in a payment agreement, this is avoidable. We use the  same income calculators as the OR and know the limits of everything that can be claimed in overcoming this problem.

My Landlord will ask me to leave. If you feel that your tenancy may be under threat, you can now overcome this issue by providing a copy of your tenancy agreement to the Official Receiver upfront. Provided your landlord isn’t one of the creditors in the bankruptcy, no letter will be sent.

And there you have it, most of the issues have been debunked. There might be other factors that we haven’t covered here, but give us a call on 01425 600129 and we will gladly talk you through it.

Considering Bankruptcy As An Option

 

All financially active people can end up considering bankruptcy at some point in their life.

Most individuals choosing bankruptcy as an option is the last resort.

Our clients consist of professionals and ordinary people with over £25k debts. They are ordinary folk who have jobs and lives to manage and have simply ended up in financial positions that they would never have been able to foresee that they would have ever been in this position.

Who considers bankruptcy as an option

Its not just ordinary householders that consider bankruptcy as an option. Its Barristers., Doctors, Dentists, Estate Agents, Independant Financial Advisors, Builders, architects all manner of professionals as well as Tradespeople, Property Developers, Traders, Online Gambling or Forex traders.

Ordinary people living ordinary lives with ordinary financial commitments where a change has happened that influences everything.

Retired people who have tried Debt management Plans, or have entered an IVA which has failed or is failing.

Recently divorced or separated where one or the other has accumulated debts and now has monthly payment commitments where the income just isn’t sufficient so service living cost monies and minimum repayments.

People who have entered an IVA and who realise that actually they have no assets ton protect, they have agreed that the payments are to increase and subsequently cannot mange these higher payments because there are costs that weren’t foreseen or included at the time the IVA was arranged, or they have received an annual statement only to find that no monies have been paid to the creditors at all and all monies paid over have gone to pay the IVA company’s fees.

Self Employed individuals who have run into difficulty with HMRC and its usually a demand for payment or a bailiff visit or letter that triggers them to take action.

Company directors who have ended up in a position where future trading seems impossible because of something that has happened.

These reasons usually consist of.

  1. HMRC demands for payment for monies that are unavailable through the business. It may be that personal credit has already been put into the business and options are running out.
  2. Problems with an accountant who has caused the business a serious accounting problem.
  3. A dispute with a Landlord or supplier that seemingly cannot be resolved through attempts to negotiate.
  4.  Something has happened that wasn’t foreseen and the person simply doesn’t have the skill-set or knowledge to manage the situation that is ahead of them.

How can we help You:

Very importantly we are not an advice organisation. My philosophy after nearly 20 years in this industry is that anyone who asks us for help and assistance must understand that if whatever options are going to be taken are taken because the person will be asked a series of questions that they have never been asked before. The responses to these questions empowers the person with the right amount of knowledge to decide what they want to do on their own.

My experience with companies that advise is that it feels to the client that they are being sold a solution and they use words like, you must, you should.

My team are trained to ask a short series of questions that very quickly provides us with a complete snap shot of the persons circumstances, and very importantly How or what have been the contributory factors as to how they have ended up in the position that they are currently in. Its important to understand our clients needs at the very first phone call. It really doesn’t take long at all and virtually every client feels better than they did before they spoke with us. In managing services that we provide its always been so very important that a client journey is positive and that they aren’t just dealing with the problem they are dealing and finding positive solutions and new directions that will help them to move to safer ground and be in control. Our job is to empower our clients with the basic skill sets are are needed to move into the future with.

Our job is to provide the solution that works for you.

 

HMRC Homeowner Bankruptcy Avoidance

HMRC Homeowner Bankruptcy Avoidance

Avoiding bankruptcy when you have assets such as a home with equity or other assets that you don’t want to lose is essential.

Generally, its HMRC or Council Tax that makes the majority of individuals bankrupt in the UK and we’ve found that most people simply don’t understand the implications of being made bankrupt.

Therefore if you are or have been made bankrupt and you are a homeowner with equity in the property or have other assets that will enable you to clear all your debts in full then you may want to consider bankruptcy avoidance.

If you have received a statutory demand and have tried to get help, but for some reason have been unable to find the answers you are looking for, we suggest you call us as the problem is not going to go away. When you are made bankrupt and you are a homeowner, a £3000 debt will escalate into a much bigger debt.

Consider this example: 

Mr F is made bankrupt in march 2015. He is a homeowner with sufficient equity to clear all of his debts. He was made bankrupt by HMRC for £10,841.39 and the trustees fees are broken down as follows:

Statutory interest:-                                   £ 1639.00

Trustees costs:-                                         £19,128.30

Estimated Additional costs:-                  £ 5000.00 

Trustees Disbursements:-                       £   886.99

Estimated additional disbursements:-£    250.00

Legal Fees:-                                                £ 4781.85

Estimated additional legal fees             £ 1000.00

Agents fees:-                                              £  722.00

VAT                                                             £ 6353.87

Insolvency Service:-                               £ 1224.84

Petitioning Creditor costs:-                   £ 2297.00

Secretary of State Fees:-                        £11,957.53

Hence the total amount required to pay off all of the bankruptcy debts and achieve annulment is £66,083.55      

In this example, we can see how a debt of just £10,841.39 has escalated over the course of 22 months into a debt of £66,083.55  

If you are that homeowner facing bankruptcy but hesitating in drawing the money out of a property to pay the debt then now you can see why its worth doing whatever it takes to get a debt paid when you are a potential bankrupt homeowner seeking assistance.

 

The Sheriffs are coming … but who exactly are they?

You might have seen them on TV and marveled at how successful they at getting payments out of debtors, but just who are these people and how do they operate?

To start with, we need to readdress them as High Court Enforcement Officers (HCEOs) and they swing into action once in possession of a High Court writ of control (formerly known as a writ of Fieri Facias or Fi Fa). If you have successfully obtained a County Court Judgement for more than £600, you can apply to have it transferred up to the High Court, at which point the required Writ of Control can be obtained.

The HCEOs initially write to the debtor, but if payment is not received in full during the notice period, the HCEO attends the debtor’s premises to enforce the writ and that’s when you hear the now-familiar ‘I have been instructed by the High Court to seize goods to the value of ..’ and you see the debtors’ faces crumble. All costs are added to the Writ and the Debtors suddenly find themselves wondering why they didn’t just cough up in the first place.

You could, of course, use everyday County Court Bailiffs but they don’t quite have the same clout, fear factor or incentive. Besides, after all the hassle you’ve been through, surely it’s worth the extra effort if only to see the look on their faces as they finally have to cough up.

Bankruptcy UK specialises in guiding people through the bankruptcy process in a no-nonsense, straightforward manner. We will assess your circumstances then submit the bankruptcy application online. call us for an informal chat about your circumstances and receiving bankruptcy help on 01425 600129.

Can Bailiffs force entry if I go bankrupt?

Bankruptcy in itself does not result in Bailiff activity and you certainly won’t have any furniture or personal possessions removed, but there are two other factors that might affect bailiff activity. The first is if you have ignored the terms of a County Court Judgement i.e. you haven’t honoured the monthly payments and the creditor has taken action; the second is if you have a Liability Order for non payment of council tax. Bailiffs can only ‘force entry’ for certain commercial collections, but not for household collections.

If you are considering bankruptcy, we will help you throughout the process and submit your application online. Court appearances for bankruptcy are no longer required. Feel free to call us for a chat or for bankruptcy help on 01425 600129.

 

What debts are written off in bankruptcy?

In addition to the usual credit card, loan and overdraft debts, you may include HMRC, tax credit overpayments, creditor bills, utility bills, council tax, shortfalls on property repossessions and just about any kind of debt worth mentioning. Regarding property, it’s worth mentioning that even if a repossessed property has yet to be sold it can still be included in the bankruptcy as a ‘foreseeable debt’ and you would not be liable for any shortfall after bankruptcy.

You can’t include court (speeding) fines, Child Support payments and student loans, but you can include parking fines and congestion charges, which might be useful for those living in London!

Bankruptcy UK offers bankruptcy help across the board and will submit your application online. Court appearances for bankruptcy are no longer required. Feel free to call us on 01425 600129 for a chat about your circumstances.

Can Bailiffs come into my house if I go bankrupt?

 

The short answer to this is ‘No’, the bankruptcy procedure does not result in Bailiff activity – period. In the lead up to the bankruptcy, you may be under threat, particularly if you ignore County Court Judgements or have a Liability Order for non-payment of Council Tax against you.

A Bailiff cannot enter your property unless you invite them in. Once you have invited them in or if they can gain unforced entry via an open door or window for example, they can return to court to obtain an order to enter with police and a locksmith. Try contacting the council or courts to set up a payment arrangement if you are really worried.

Feel free to call us on 01425 600129 with any other questions or for bankruptcy help. Questions may also be posted on our Home Page.

Will bankruptcy stop council tax bailiffs?

If you have received a liability order from the Council it could be tricky, as any monthly payment scheme set up by the Bailiffs prior to the bankruptcy generally has to be honoured for the year you are bankrupt and the Official Receiver rarely intervenes. However, if you are lucky, the Bailiffs will back off once the advice from the Insolvency Service is received – but don’t bet on it. The reason for this is the seriousness of non-payment of Council Tax.

Call us on 01425 600129 or 07479 739139 / 07894 481175 with any further bankruptcy questions or for bankruptcy help. Our advisers are not scripted and will gladly explain everything in easy to understand terms.

Liability Orders and bankruptcy – can i still go bankrupt?

Yes you can, but if the Bailiffs pursuing the debt have already made can arrangement with you, you might be obliged to honour that arrangement e.g. £150 per month, for the 12 months that you are bankrupt. Just so our readers understand, a Liability Order occurs when the Council has given up on trying to recover council tax arrears from a tenant and approaches the court to intervene. This invariably results in vigorous Bailiff activity – the worst kind as non-payment of Council Tax is a criminal matter. If you are lucky, you might have a Bailiff who gives up once you have gone bankrupt, but don’t bet on it. The Official Receiver might not interefere with such arrangements unless there is a clear possibility of setting up an income payments agreement.

Bankruptcy UK offers bankruptcy help across the board and will submit your application online. Court appearances for bankruptcy are no longer required. Feel free to call us on 01425 600129 for a chat about your circumstances.

 

Bailiff Advice – Help & Support with Oppressive Debt Collectors

Bailiff Advice – Help & Support with oppressive debt collectors

  1. Shut all doors and windows as they can enter through an open door or window.
  2. Don’t let them in if you don’t want to.
  3. No matter what they say do not open the door. You can speak through a letter box or from behind the door or from un upstairs window.
  4. If you feel threatened or unsafe then call the police immediately and tell them that there is likely to be a breach of the peace and that you need assistance.  The Police will keep the bailiffs at bay and come and speak to you and generally act as a go between between you and the bailiff. 

When bailiffs are circling around you then they certainly get your attention. Bailiffs are notorious for being unfair, unreasonable and to lie to get what they want. they would rather take goods and answer questions afterwards. Obviously there are some good bailiffs out there but we only get to here about the bad ones and the oppressive ones.

bailiffs
bailiffs

Sadly it doesn’t matter if you are unwell or upset by a tragic life event. Bailiffs will generally continue to push until they get their way.

The letters are distressing and frightening to most people. this in turn causes worry, sleepless nights and visitors to the doctor for depression.

Lets face facts…..If you’ve got bailiffs circling you then theres usually a reason for it. Something will have happened that has caused the situation to enter your life.

Its important that a solution is found or steps are taken to resolve an escalating situation.

When people have unmanageable debt issues there are only 4 options.

  1. Do nothing and see what happens-The risk of this is that if you have things to lose and the worry and uncertainly is already having an overbearing effect on you then stringing it out isn’t going to help you much. But we understand that if you are in this position and have no support network and don’t have the funds to put it right then there maybe no other choice other than to hold tight. Citizens advice and free help bureaus will be able to contact your creditors and speak to the bailiffs if you are unable to.
  2. IVA- Individual Voluntary Arrangement. This is a structured negotiation based on income or an asset that you are selling whereby 75% of your total amount of debt have to agree to the repayment proposal being proposed by the insolvency Practitioner who will be drafting the IVA agreement. Any creditor who has instructed bailiffs because they have received a county court judgement will be bound by the agreement and will have a chance to vote on the proposal.
  3. Personal Bankruptcy- This is an option that will clear all your unsecured debts and give you a fresh start.
  4. Debt Management Plan DMP- These are still available from some providers but Debt management companies have closed and been shut down because a lot of these plans have been mis sold but license holders who have encouraged people to go into these plans but ultimately people would have been better off without them and are subsequently in worst positions because of bad advice.  However if you are looking for a temporary solution because you have foreseeable monies coming in and all you need is time before you can clear your debts in full.

 

We offer assistance with bailiffs that may be using oppressive and illegal techniques for debt recovery. If you are being threatened by bailiffs and need help and assistance with debt matters then call our 24 hr Help Line

 

 

Bankruptcy UK

Bankruptcy UK