How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask RJM Law Your Own Question
RJM Law
RJM Law, Lawyer
Category: Bankruptcy Law
Satisfied Customers: 3776
Experience:  LL.B (Hons)
106205234
Type Your Bankruptcy Law Question Here...
RJM Law is online now

I have an issue with bankruptcy and a bailiff still chasing

Customer Question

Hi, I have an issue with bankruptcy and a bailiff still chasing the debt as debt was in joint name
JA: Where are you? It matters because laws vary by location.
Customer: Hi I am in Plymouth England
JA: What steps have you taken so far?
Customer: I am bankrupt the bailiff turnt up as its old rent, he was threatning to take our stuff, I was working he rung me and set up 200 a week, I did this to get something sorted, as he can only chase my partner now for the debt can he ask me for money or take my wages into account
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No that's the issue I have
Submitted: 15 days ago.
Category: Bankruptcy Law
Expert:  RJM Law replied 15 days ago.

Hello, and thank you for choosing our service today.   I am the expert who shall assist you with this matter today.

Please note that our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.  If you do not receive a response immediately, please be advised you will receive one by the end of the day

I will be able to provide you with guidance in relation to your question.  However please note this does not form a professional client relationship and we cannot provide representation, however, I would be hopeful that my guidance will be able to assist you.

Thank you

Customer: replied 15 days ago.
Hi, yes understand I would just like some advice about what I should do as I can't afford 200 per week
Customer: replied 15 days ago.
It's just advice on where I stand, as I am self employed am I liable for the debt still and my wife was named on the tenancy so is she just liable on her earnings
Expert:  RJM Law replied 15 days ago.

Thank you for the question.  I am sorry to hear about this matter.  Unfortunately, these types of debts are what we call "severable" meaning that either party can be solely responsible for the entire debt, therefore if they cannot find the other party of the debt they can purse the other for the full amount, which appears to be the case here.  Firstly, I would speak with your creditor, so long as you are willing to pay what you can and are in communication with them, they tend to be understanding.  Furthermore, if you require to pay this debt you can still pursue your ex partner for their share of the debt.  If the value of this claim would be under £10k you can use the small claim process.   Prior to intimating small claim proceedings, you will require to send a letter to the respondent.  It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them.  This is referred to as a. pre-action protocol letter.  You can complete the forms for a claims action easily online.  You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory.   If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to.  You will then receive a response to the claim and a court date.  On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response.  The judge will assess the merits of the claim and defence and make a judgement this may be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.  In terms of evidence, ensure you keep copies of all correspondence, photo’s, social media items etc. you have in connection with the claim.   These can be used to strengthen your case and will be considered in evidence by the court at the hearing.  The strength of your evidence may also help to obtain an ex-judicial settlement.  In the mean time, do speak with your creditor, as stated above so long as they are being paid, even if it is a smaller amount than sought they tend to be more reasonable in their actions.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area.  This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful.  You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.