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WPO on previous address & Bankruptcy application proceeding

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  • WPO on previous address & Bankruptcy application proceeding

    hi,

    Im writing in the hope someone can help.

    My mother had a WPO on her previous address for a council tax debt - Bailiff was Ross & Roberts.
    dont ask me why she let them in, but she did.

    she started to pay the agreed monthly amount, however after a period of some months a bank holiday occurred and her salary payment was delayed. When she tried to make the next payment they said she had defaulted and refused to take the payment.

    Months passed and she heard nothing.

    She then moved property after her tenancy agreement was up and the landlord wanted to up the rent too much.
    most of the stuff on the WPO is no longer in her possession - the tv screen and dining table both got broken during the move (she does still have the tv in a cupboard) and the furniture was in a poor condition and I replaced it myself with stuff a friend was selling.

    Its now been a year since she moved.
    I moved back home this month, as im a mature student and this is a way of me not forking out silly money for rent.

    About 2 months ago she received a visit from Ross & Roberts but she was out - and they left a note (twice)

    Yesterday however the awful woman from Ross & Roberts came and I spoke to her - without letting her in. They left a message for my mother threatening to come back and remove goods

    Where does she stand legally ?
    Does she have to let them in ?
    If they do get in, what could they take ?
    If they do try to take goods, do they have to give a period of notice for this ?



    thanks for looking at this guys, and I hope someone can help.
    Last edited by BountyHunter; 22nd August 2014, 13:16:PM. Reason: extra details
    Tags: None

  • #2
    Re: WPO on previous address & Bankruptcy application proceeding

    I forgot to add - my mother has an appointment for a bankruptcy petition next Thursday if this makes any difference

    Comment


    • #3
      Re: WPO on previous address & Bankruptcy application proceeding

      Will the Council Tax be included in the petition - if so I'd be tempted to stall for time.

      Comment


      • #4
        Re: WPO on previous address & Bankruptcy application proceeding

        Originally posted by ploddertom View Post
        Will the Council Tax be included in the petition - if so I'd be tempted to stall for time.
        trying that - but they are demanding £1000 cash or say they will be back to remove goods (but wont say when)

        Comment


        • #5
          Re: WPO on previous address & Bankruptcy application proceeding

          Just deny them access

          Comment


          • #6
            Re: WPO on previous address & Bankruptcy application proceeding

            Originally posted by ploddertom View Post
            Just deny them access
            and its ok to do that, even though she let them into her previous flat ?

            Comment


            • #7
              Re: WPO on previous address & Bankruptcy application proceeding

              Originally posted by BountyHunter View Post
              and its ok to do that, even though she let them into her previous flat ?
              Yes it is

              Comment


              • #8
                Re: WPO on previous address & Bankruptcy application proceeding

                Under NO circumstances must your mother either allow the bailiff into the property OR make payment. Instead, what she MUST do is to either sent a text message or email Ross & Roberts to advise them that she has a B/R petition this coming week and that she will ensure that the debt to the local authority is disclosed with the list of creditors.

                Thankfully you have mentioned in your post that after defaulting on payments a number of months passed without anything being heard from R & R. Accordingly, there can be little doubt that the bailiff ABANDONED their levy.

                There is a second point as well that should me mentioned and could assist others. Under the new regulations specific provision is provided to vulnerable debtors (this includes debtors suffering severe financial difficulties). Your mother must surely be in this category given that she is going B/R this week !!! Under the new regs if evidence is provided the account should be 'rewound' back to the Compliance stage and the enforcement fee of £235 should be removed.

                Given the urgency of this matter I would suggest that a text AND email are sent asap.

                The wording could be along the following lines:

                You visited my property on 21st August in connection with arrears of council tax. Please note that I will not be able to allow you into my property and neither can I make any payments towards the debt. The reason being that on xxx I am due to attend xxx County Court where a petition is being made for my personal bankruptcy. I will of course ensure that the debt to xxxx council is included with my other creditors.

                PS: Make sure that your mother provides her account number on the text. Another point is that she can include THIS years council tax (2014/15) bill in with her bankruptcy.

                Comment


                • #9
                  Re: WPO on previous address & Bankruptcy application proceeding

                  Please correct me if Im wrong, but I thought that WPO are only valid for 12 months

                  Comment


                  • #10
                    Re: WPO on previous address & Bankruptcy application proceeding

                    Originally posted by CYNthesys View Post
                    Please correct me if Im wrong, but I thought that WPO are only valid for 12 months
                    i thought that too - but am not 100% sure

                    Comment

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