Author Topic: Can someone help  (Read 2964 times)

Ali G

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Can someone help
« on: Mar 22, 2011, 07:46:14 PM »
Hi :-[


Can someone please help, my other half has gone bankrupt in January and everything is at present being sorted out.  I am not married to my partner, my name is not on the house, no bills are in my name.  I was once a partner on the business but this ended in approx 1999 and he has been a sole trader with a sole trader self employed card since then.
Since being make bankrupt, bailiffs have been knocking on the door and leaving letters in my name, saying that they are going to come and seize goods or hold me responsible for debts of my partners, and the last one said they were coming back with the police in the next 48 hrs to gain entry and take possessions, from me personally. I am really worried now, I only work part-time and do not have the funds to pay these debts, can they do this to me!!  Can they gain entry with the police there??

James Falla

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Re: Can someone help
« Reply #1 on: Mar 23, 2011, 12:58:27 PM »
Hello Ali G
 
If none of the debts are in your name, then no-one can chase you for money or take action against you for the debt owed by your partner. Further more, if as you say your partner has declared himself bankrupt, his creditors are not allowed to take any further action against him and must direct their requests for payment to the official receiver. Your partner should make this clear to his creditors if they are continuing to chase him.
 
Your partner must contact the official receiver responsible for his case and ask them to contact the creditors in question asap and tell them to stop their harassment activity
 
Are you sure that these creditors are not chasing for debt in your name? As I said above, they can certainly not chase you for debt in someone elses name. You are NOT responsible for this debt. And they can not chase your partner if he has already declared himself bankrupt...
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Ali G

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Re: Can someone help
« Reply #2 on: Mar 23, 2011, 06:16:30 PM »
Thank you so much for your advise.  This morning my partner spoke to his OR who then spoke to the Council who had sent the Bailiffs, they said it was a case of records not having been updated, and that there was not a problem as they could see.  The VAT say that, although my name may have been taken off tax records for this company they have no note of my name being taken off the business, and that I have to write to them telling them when I came off as a partner which was late nineties, and send proof.  Now I am going to see what I can get together because most of the paperwork for the business is with the OR.


Thank you once again for your help, I at least now know that they cannot do this. 


Ali G

James Falla

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Re: Can someone help
« Reply #3 on: Mar 24, 2011, 04:09:48 PM »
No problem at all Ali G
 
I am glad that you are getting this sorted. If you need more advice don't hesitate to come back to us :)
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shocksoc335

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Re: Can someone help
« Reply #4 on: Mar 25, 2011, 06:23:21 AM »
What type of debt are they calling for?
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James Falla

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Re: Can someone help
« Reply #5 on: Mar 25, 2011, 01:36:36 PM »
From what you are saying it looks like debts relate to your partner's business Ali G. Is this right?
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Re: Can someone help
« Reply #6 on: Apr 17, 2011, 10:25:54 AM »
my firm advise alot of people with business debts, especially when they have signed a personal guarantee to a factoring company and now the factoring company are looking to collect. Please note that a lender cannot recover the money twice but can pursue both of you, or just one of you, for all amounts still outstanding until they have obtained full payment. Joint and several liability can also apply to rent arrears on joint tenancies, arrears on joint mortgages, Council Tax payments and water charges on properties that have been jointly occupied
Jeffrey Eow
www.factoringhelpline.co.uk Cashflow s

James Falla

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Re: Can someone help
« Reply #7 on: Apr 19, 2011, 07:00:15 PM »
You make a good point about joint liabilty Jeff. However, my understanding is that non of the debt is in Ali G's name so she can in no way be liable for her partner's debts particularly if the partnership was disolved in 1999 and the debt was not incurred prior to this date.
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Re: Can someone help
« Reply #8 on: Aug 08, 2011, 08:08:35 AM »
 8) that is  very good~
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poly

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Re: Can someone help
« Reply #9 on: Oct 11, 2011, 10:52:37 AM »
Sorry to bring this back was going through the forums and just had to acknowledge this one.....Thats nice!!!!