When is a home not a home??

Discussion in 'Full Timers' started by Boo, Apr 7, 2010.

  1. Boo

    Boo Read Only Funster

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    I have a friend (no wizecracks please)
    He lives in his own caravan in yorkshire on a site and pays £50 a week rent.
    Well he texted me in a panic last night because the bailiffs have finally found him :Eeek:

    From what he told me its for a credit card back in 2006 when he was married........... now without going into too much detail he lost his wife, job, home (as it was in his wifes name) and really hit rock bottom in the last few years poor guy. :Sad:

    Anyhoo.........Bailiffs have been and said they are coming back with a trailer to take his caravan away (think he paid £500 for it).

    His question to me was...............CAN THEY TAKE MY HOME???? :cry:

    I told him I havn't a clue...............but I know a group who prob do :Laughing:

    Soooo...........can they make him homeless?

    Also.......the debt is for £7,862.25 which started out as a £2,998.00 bill....................WoW!! these debt guys know how to pile on the ££££'s don't they? :Eek!:

    Cheers for your reply's in advance.:thumb:

    Boo
     
  2. Wildman

    Wildman Read Only Funster

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    advise him to go bankrupt his home will be safe then and debts cleared. Contact the police and a solicitor. or it will go.
    time he moved again right quick! Look forward to seeing you at Carmarthen next week
     
  3. Geo

    Geo Trader - Funster

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    Try your question HERE
    Geo
     
  4. Boo

    Boo Read Only Funster

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    Cheers guys.............knew u'd have an answers :Wink:

    M.O.T on friday so fingers crossed I'll make it to wales this year..........:thumb:

    How goes you 2 anyway?

    Happy Birthday Geo

    hadn't had internet for ages...........back online now tho woot woot!


    Boo
     
  5. lorger

    lorger Funster

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    Hi
    I assume as its a caravan he wont have a log book in his name so wont they need to prove its his before they take it get someone to write a letter saying they own it and let him live in it.
    Not sure if it would work but i wouldnt think they could take something thats not theirs.

    Gerry
     
  6. haganap

    haganap Funster Life Member

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    the answer is yes and no., As I understand it they must leave him access to heat and cook as well as clothes on his back. So if they came around to his HOUSE they could take the lot but must leave access to cook and heat and sleep. However he is in a caravan, technically they would then be making him homeless, which sadly can be done,,, unless,,, he can prove that he does not own the caravan (as said), BUT HE MUST BE ABLE TO PROVE THAT, or the most likely scenario is that his van would be taken and the owner would have to attend to collect it.

    So he is in a tricky position. As said going to the court and filling for bankruptcy is an option, this does cost money though and the fees are available via local courts, (used to be about £150) he can not rely on his creditor making him bankrupt as there is no gain in them doing this in his case. Paying the money and going bankrupt, getting his letter of protection from the courts is the best option as his current credit status will be non existant anyway.

    Can he not move?

    the best advice is to call the company and tell them the following, tell them he has come in to some money which he will be able to collect soon, probably 5-10 weeks away. He might be able to make an arrangement, not for sure but probable. This will buy him some time to put together a bankruptcy.

    as Geo as said, speaking with the link he put up would be a good option.,

    tell him good luck, when your down on it, its amazing how may people dont want to know.:thumb:

    also of course the CAB is a good option.:thumb:
     
  7. dazzer

    dazzer Read Only Funster

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    hitch it up and move....now!!!:Wink:

    Then file for bankrupcy :Sad:
     
  8. kennygd

    kennygd Read Only Funster

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    Get your friend to sell the caravan on paper to someone and issue a receipt that way the Bailiffs cannot take the goods because they will not belong to him.
    kennygd
     
  9. Jim

    Jim Ringleader

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    IMO The best advice you can give your friend is that running away from debt is never the best option. Had he faced up to the problem when the debt was £3000 and before the baliffs were involved, he could have had the amount frozen and made modest payments toward it. All the time the head is in the sand the debt will continue to rise, baliffs fees will add considerably to the sum and it will be £10k+ before very long. AFAIK the Limitation act (hide for six yearsand the debt is unenforceable) doesn't work very well for court judgments so this debt will never dissapear, He can hide again but the debt will find him eventually and how big will it be when it does. :Eek!:
     
  10. hallii

    hallii Read Only Funster

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    Get it towed to the nearest travellers site, the bailiffs won't go any where near it!
     
  11. Happy Hippy

    Happy Hippy Read Only Funster

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    Get it towed somewhere - anywhere - else, pronto!
     
  12. Dalek

    Dalek Read Only Funster

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    Sell it for 1p!! But really its best to face up to the problem before more interest is added then they wll most certainly have a roof over there head that has iron bars at the windows, 24 hour security if they cant afford to pay.
     
  13. Sundowners

    Sundowners Funster Life Member

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    I would go to C.A.B ----REALLY quick
    They have been a really good source of help for us in the past
    Nigel
     
  14. ShiftZZ

    ShiftZZ Funster Life Member

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    I would do nothing.
    The caravan is worth nothing, they would make him homeless and that may well be illegal, from what you are saying he has no assets, so they can’t take anything of value.

    My suspicion is that when the bailiffs send a report they will simply write it off.

    Your friend could contest the debt, stating that he was not served with the correct papers, ask for copies of all the credit card statements, all transactions, the original (thats important, because they cant) application form, to support their claim, along with copies of all the letters sent, copies of all the court papers, including Judgment etc.
    That would take them weeks if not months, that may get you over the statute of limitations.
    No judge in the land would enforce in this situation.
    But as I am not legally trained, it’s only my thoughts.. Banks, will not waste any more money trying to recover something they cant.

    Good luck

    As always

    ShiftZZ
     
  15. imprint

    imprint Read Only Funster

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    Boo, your friends got some good advice and some bad here!!

    1. Tomorrow's Friday. Tell him to get a friend to occupy the caravan, locking himself in, so the bailiff's can't move it while he does step 2

    2. Get proper legal advice - many lawyers give advice free under Legal aid. He should take all papers with him. CAB might help, but are second best and may be different hours

    3. Be very careful about 'selling' the van to a friend - they might both be prosecuted for fraud. It might have been a good idea six months back, but that's water over the bridge, and agin, backdating documents is criminal

    4. Lord Jim is right - DO SOMETHING direct to the creditor, but again, on advice. This is after point 2, don't let him get too confused and try to do too much at once.

    5. A creditor can enforce a judgment up to six years from when he gets it, and longer in some cases.

    Good luck to him - moralising doesn't help!
     
  16. G4GMO

    G4GMO Read Only Funster

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    I would add that while the CAB is a good place to start don't be surprised if they are inaccessible. It is almost impossible to get an appointment or contact them on the phone due to the large number of people finding themselves in similar positions. But don't let me stop him from trying.

    Best advice is to take a look on the Dealing With Debt board on The Motley Fool www.fool.co.uk where there are some very experienced people. They will ask him (or his contact) to fill out an SOA (Statement of affairs) and they will then give him some very sound advice. Not wishing to knock any advice given as I appreciate it is given in good faith but there are professional people on the DWD board offering their advice for free.

    http://boards.fool.co.uk/dealing-with-debt-50079.aspx

    To my knowledge nobody who has followed the professional advice to the letter has ever been disappointed. Only those who don't are disappointed.
     
  17. G4GMO

    G4GMO Read Only Funster

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    I would just like to add that I have frequented the DWD board not for myself but someone I know who was unwilling to follow the advice and is paying the price. Just to clarify matters. :Smile:

    And having checked the original post date it seems I may have wasted my time. I hope not but maybe someone else will benefit.
     
  18. Autoquest

    Autoquest Read Only Funster

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