i am in severe debt. need to go bankrupt but baliff wants money. i dont want my childrens goods seized. help!?

Answer 1

Hi i went bankrupt in July
I'm a single mum and I rely on benefits, purely because I just moved to the area and I have a baby, a 6 year old and a daughter of 8.

Firstly no bailiff can enter your home unless you have let them in once,
I had 10k wiped out and it's within 6 months start to finish.
Where I live we have a welfare rights office, there they have a debt advisor- He took me through the whole process which cost £325.
I had to go to the county court, and I was infront of the judge for all of 20 seconds.

It depends on your income, if on benefits or a low income it's written off after a 30 min phone interview and some paperwork.

If employed it's slightly trickier, as you have to explain all to official receiver.

As for taking your daughters stuff, no one has ever entered my house, and welfare rights or citizens advice will take over your debts, they deal with the communication side of it and write to your creditors.

Bailiffs may not enter you home unless you have let them in, however they are allowed to gain access through an open window.

If you leave more details about your circumstances I may be able to point you in the right direction.

Answer 2

Chariddie is right. Do not open your doors to them because once you do that then they can enter your property whenever they want, whether you are there or not, and seize everything of value. Going bankrupt makes things worst off for you in future so it should not be considered until you have exhausted all other options.

Try and speak to the creditors and see if they can work up some kind of agreement or maybe take the debt back from the bailiffs so you can negotiate some kind of payment agreement because as long as you are willing to pay your debt back something can be done.

Some of the disadvantages of going bankrupt are:
• It will cost you money (up to £475) to go bankrupt
• Whilst you are bankrupt, you can't apply for more credit
• If you own your own home, it might have to be sold (but you may be able to apply to your local authority for re-housing)
• Some of your possessions might have to be sold, for example, you will usually lose your car and any luxury items you own
• Some professions don't let people who have been made bankrupt carry on working
• Going bankrupt can affect your immigration status
• You cannot keep your bankruptcy private. A list of bankrupt people is published on the internet and your case could also be published in your local newspaper
• Even when you are no longer bankrupt, you could have another order, called a bankruptcy restriction order made against you. These orders can be made, for example, where you did not co-operate with the Official Receiver, or you took on debts knowing that you had no hope of paying them back. They can last for 15 years, and will make your financial affairs very restricted.
• Even when you are no longer bankrupt, there are some debts such as court fines and student loans that will never be written off

Answer 3

If you have debts which have gone to court did you attend the hearing. Advice to all do not fail to go to court to have your say. If you do the court will make an order based on what the other side says. I do not see why you would pay a baliff to go bankrupt this will be handled by the Court. If you do go bankrupt [in UK at least] the Court will work out what you really can pay - often nothing - and will sell of any major assets. So if you own your house that may well be sold. Provided that you co-operate you will be discharged after a year and then will not be considered a good risk for many jobs, for credit, a mortgage or even to rent a house. It's a big step. Speak to free legal service/Citizens Advice and get specific advice DO NOT HIDE ANYTHING.

Answer 4

1) Go to the citizens advice office immediately. Ask them for advice about the loan and also what bailiffs can do and remove. Write it down.
2) Contact a debt management company and consider what they say.
3) Contact the creditors and tell them nicely, that you can only pay half the debt over twice as long time, or you will declare bankruptcy. Be nice polite, calm and firm. They will agree because bankruptcy will give them nothing.
4) The bailiffs cannot come in without a court order which gives you some time.
5) Hide what the bailiffs can remove with friends and relatives. Have police present when they come.
6) The bailiffs are entitled to come in through any open door or window, upstairs or downstairs, so keep everything closed and locked, and talk to them through the letter hole. Be careful when you open the door to go out shopping etc, in case they rush in.
7) Do not believe ANYTHING the bailiffs tell you about the the law. They are clever, experienced LIARS of the worst kind, who often deceive even the police.
Good luck

Answer 5

The bailiffs have to have a warrant to even be allowed access DO NOT let your children answer the door and if you do go out and pull the door behind you if they set one toe inside your door they have gained legal access so don't give them that chance regarding your children the law states they cannot take anything which is theirs, in your own things you have to be left with what is needed for everyday living, let them take you to court no judge will refuse an offer of payment depending on what you can afford

Answer 6

Hi Gillian,I am presuming you are in the UK.If that is the case then go to Welfare Rights.They will help you through the whole process,from notifying your creditors to preparing the papers for the court.They will get in touch with the bailiff & put them on hold.
I have just gone through the process,& it is a great weight off your mind.

Answer 7

Another option is an IVA - an individual voluntary arrangement - which rearranges debts and gets creditors off your back - I don't know much about specifics but try some online research of your own. I hope that helps.

Answer 8

Is there anyone you could give your childrens stuff to, to look after? Like a trustworthy neighbour or friend? The fact is, if they see anything in a house/flat they automatically assume it belongs to you.
If you are really desperate (and I mean in terms of time) I guess you could just put everything in bin bags and just dump it somewhere, even just throw it over a neighbours fence? That should buy you some time, and I'm sure your neighbour will understand.

Answer 9

If they are your "children's" goods, they can't seize them anyhow, bailiff are only allowed to seize what is yours, they just bully and abuse you, and hope you don't know this, (this is because a bailiff is what you become when you're too stupid to work at McDonalds, and they got beaten up as a child).

Answer 10

They can enter your home with a police officer present if they have a warrant to enter your premises from a judge,they can forcebly enter,you need to speak to your local citizen advice they help people with debt,and store your goods in the meantime,good luck.