www.iva.co.uk

Hi all
Heres the story..
We are in the process of setting up our IVA at ther moment. We have just sent the forms back we had to sign and they have told us it will be Febuary before our proposal will be ready. The problem is we have just been told that bailiffs have been around to our old address looking to collect goods to the value of £5,000. Although the person at our old address has not told them our new address, it is only a matter of time because they are being harrased so badly by the baliffs. I telephoned the contact number the bailiffs left but when i was asked to confirm my address I refused and said we were in the process of arranging an IVA, At which point the guy said he would not discuss it any further. I am going to telephone our IVA company tomorrow to see what they say....So does anyone have any knowledge what will happen next ? Can the IVA company put a stop to this ? Needless to say my wife, and I, are worried sick about this.
Any ideas guys?
Cheers

No Sig...Sigs are daft !

Hi clockwork
This must be very worrying for you, I would wait around and some expert help will be along shortly to advise you

Emma

If you have provided the information the IP requires, the proposal needs to be turned around in the next couple of days and not by some time in February.

You must advise the IP immediately that you have a warrant of execution outstanding against you. You should advise the IP of the Court in which the County Court Judgment was made and the Court Number attached to the proceedings. If possible get a copy of the CCJ to the IP and provide him with contact details of the bailiffs concerned.

An Interim Order application needs to be made as soon as possible to prevent any further action being taken and also to halt any actions in progress.

This bailiff action could be brought to a halt by next week, if the IP pulls his finger out for you.

Tell it like it is.

Hi clockwork

Only court baliffs can enter the property to collect goods. I know this is worrying but unless you have unpaid council tax or a CCJ these people have no power to enter. Can you please post back to comfirm this as many creditors will 'act' like they have the power to scare you into paying something. For instance they may call at your address or threaten to send someone round to your house but they have no power to enter and you have the right to refuse access or to enter into a verbal discussion with them.

Secondly, did you phone around IVA companies or just jump in with the first listening ear?? Although it does take time to set up an IVA it can be turned round quite quickly, providing that you have the relevent paper work to send out.

Its so easy to just go with the first company and many do (including myself, at the time). It really pays to shop around. Its a big committment you need to feel secure and well informed before making it.

Good luck, I hope this helps

lily

Thanks for the quick replies.
We did phone around and we first of all decided upon CLEARSTART, we sent them all the relevant paperwork ect back in November, But as my wife is self employed they refered us to another company in Ireland who have since accepted our case and we have just this morning posted back the signed paper work.
As to supplying the bailiff details, Without phoning the balif company and giving our new address, I am unable to get a reference number, or any details of the CCJ ect.
Cheers


No Sig...Sigs are daft !

Are any of the debts relaiting to your wifes business?

Dave Beech

Clockwork

This does sound scary best of luck. I am sure they can not enter without being invited in. How many payments have you missed for the baliffs to come in so strong.

I was just wondering if you had a ccj as only a county court baliff has the power to enter. I had a letter from a creditor saying that they were calling and I thought at the time being green in debt terms that these were baliffs.

lily

Hi this might help

County Court Judgements

If a creditor decides to take legal action to recover an outstanding debt the action will usually take place in the local County Court. The various procedures are set out below.

The Small Claims Track
Claims that have a financial value of not more than £5,000 will be allocated to the small claims track. The hearings are usually informal and many of the usual formalities of Court are dispensed with. No solicitor's costs may be recovered.

The Fast Track
This is the normal procedure for any claim which does not come within the small claims track and which has a financial value of not more than £15,000.
The Court sets a time table for the various legal steps to be taken up to the date of the trial. The amount of costs recoverable in fast track cases is strictly limited.

The Multi-Track
The multi-track is the normal track for all claims for which the small claims and fast track qualifications do not apply. The court will be responsible for the management of multi-track cases and must fix a trial date, or a period within which the trial is to take place, as soon as possible.

Appeals to the Court of Appeal
If any party to any proceedings in a County Court is dissatisfied with the determination of the judge or jury, he may appeal to the Court of Appeal, subject to obtaining the leave of the judge or of the Court of Appeal, in certain prescribed classes of proceedings.

Enforcement
Whichever track the claim takes, a judgement of a County Court may be enforced in a number of ways:

A warrant of execution issued by the district judge against the debtor's goods which can then be seized. Tools, books, vehicles and other items of equipment that are necessary to the debtor for use personally by him in his employment or business, and such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family, are protected from seizure;

The making of a charging order imposing a charge on any such property of the debtor as may be specified in the order;

The appointment of a receiver;

An attachment of earnings order. This is an instruction by the court to the debtor's employer to make deductions from the debtor's earnings and pay them to the court.
If the debtor changes his employment or becomes unemployed, the order will not come to an end but will lapse until re-directed to a new employer.

The making of a garnishee order, where a third party (the garnishee), who holds funds or liquid assets of the debtor, is ordered to pay them to the creditor up to the amount of the debt owed by the debtor.
The warrant of execution in (a) above will be carried out by the Court sending a bailiff in to seize the debtor's possessions. Even Court appointed bailiffs cannot break into domestic premises. Bailiffs acting on behalf of the Inland Revenue or Customs and Excise can get specific permission from the Court to break into a home, but usually bailiffs have to gain 'peaceful' entry.

Peaceful entry can be obtained by climbing over a fence or gate or through an unlocked door or open window.

As regards non-domestic premises (that is premises with no living accommodation), which include not only commercial property but also garages and sheds not attached to a house, all bailiffs may break-in.

Court appointed bailiffs are not to be confused with debt collectors appointed by a creditor, or whose appointment is threatened. Although a creditor will sometimes refer to them as bailiffs they do not have the same rights of entry or seizure as Court appointed bailiffs.

Creditors often threaten a debtor with Court, a warrant of execution and bankruptcy although they seldom mention the extensive legal process required to get from the initial default on a debt to the making of a bankruptcy order.
I would suggest you go with Grosvenor Partners if you are having problems i found them sound.
good luck

Hi all
Phoned our IP today but no joy as she is on leave until tomorrow.
BEECHY: None of our debts are in relation to my wifes job. She provides day care to elderly people, They get dropped off in the AM and picked up again in the PM. She has only been doing this for about 6 months and all our debts are older than this.
LILY: We are not 100% certain about the CCJ position as we dont know if it is or it is not a CCJ.
I think it is just a race against time now, We hope our IP can get our proposal sorted and put a stop/halt on things before the baliffs find out our address.
Cheers again for all your replys guys

No Sig...Sigs are daft !

I imagine that Clearstart have sent you to McCambridge Duffy as I think they do a lot of their self-employed work. Can I suggest that you have a chat with Michael Peoples, who heads up that department and is a very helpful guy. I am sure he will set your mind at rest and deal with the issue for you quickly. And do send him my regards - as we used to work together!

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.

To have me propose an IVA for you, please visit:
http://www.melaniegiles.com/ivaEnquiry.asp

See customer feedback at:
http://www.iva.com/iva_companies/IVA_Advice_Bureau.asp