Author Topic: Dunno my rights  (Read 650 times)

gwoolie

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Dunno my rights
« on: Jun 14, 2011, 09:20:22 AM »
Quick history....


My wifes late father invested his money with a financial adviser so she would have a £22,500 on her 25th birthday.


The financial adviser stole the money, bought property etc, and put it in HIS sons name.......


We took him to court, and after years of fighting, the judge decided that we would loose the case, as we couldnt touch HER possessions, and he was unubale to pay the debt ( he went to prison for 3 weeks for the theft!! )


A year and 6 months after the final ruling, the court has sent a summons to my wife for court fee's, £24,300.16 via a bailiff.


We lost our home fighting in court, and now have to live with her elderly mum, whilst awaiting a council house. My wife is on JSW, I work full time.


I do own some assets of value, a nice car, a caravan and a motorcycle.
I also have a expensive computer and camera equipment, as im trying to build a business as a photographer, but not yet a registered business.


The bailiff has said, as a spouse he will take MY possessions too!! Ive NOT been involved in this court case, apart from a shoulder to cry on.


I have documents to prove, I paid for the goods, etc.


So, some advice would be good.


Also the bailiff sent the letter to me in error, and I asked for the letter to be correctly addressed, but he said it is easier just to hand it to my wife.


I feel like 'rejecting' the letter and insisting on the correct format, but on the other hand dont want to p155 him off by doing so???


He has not been round, and zero possesions levvied as the court summons is not until 26th July.


The bailiff said we can attend sooner, but this would mean action would come quicker??


She will get a N245 form to offer, but on JSA what do you offer on a debt that large?? We dont get tax credit as they overpaid us last year, so we have to pay it back via loosing our £125 entitlement. we do get child benefit.


Mant thanks

James Falla

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Re: Dunno my rights
« Reply #1 on: Jun 14, 2011, 05:29:59 PM »
Hi gwoolie
 
The first thing to say is that you are not personaly laible for any debt in your wife's name. As such, non of your possessions can be seized by a bailiff in connection with the debt. If this were to happen it would simply be theft. As such the Bailiff is just trying to put pressure on you.
 
Given that your wife does owe the debt, but has very little assets or income, possibly the best way for her to resolve the problem once and for all is to declare bankruptcy (she cannot do a DRO as the debt is greater than £15000). This process would cost £700 and she would be discharged in 12 months. Given her low income the chances of her getting an income payment order are minimal. As such, for the cost of £700 the debt could be gone in 12 months.
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