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jasondl
Starting Member
3 Posts |
 Posted - 19 March 2009 : 13:43:32
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| Hi I was made Bankrupt in Jan 2008. I am still a bankrupt, I have been getting threatening phone calls from a balif company re outstanding parking tickets. They say I have to pay these they where from before the 2008 bankruptcy. Can anyone advise what to do as they are using all tactics like I tried to pay these in Jan 2009 which is rubbish but they say as i tried to make payment the case is re open. Help Help Help!! |
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Reviva UK
Advanced Member
United Kingdom
2452 Posts |
Posted - 19 March 2009 : 14:54:04
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Hi
unless I am wrong I do not believe that parking fines will be included in bankruptcy so before the bailiffs keep putting more charges on i suspect you are better of trying to get to the bottom of the matter regarding the liability
Paul Johns
Assisted Bankruptcy Specialists
Reviva UK
http://www.revivauk.com
Real People ..... Real Debt Solutions
www.revivauk.com |
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 19 March 2009 : 14:56:27
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Hi there
Just to let you know bankruptcy deals with 'dischargeable debts' ie unsecured loans, credit cards, Bills, CCJ's etc. However, Court fines and penalties are classed as 'non-dischargeable debts' (along with Student loans, CSA claims, secured loans etc )and as such not included in the bankruptcy.
If your debt relate to 'fines and penalties' you are still obligated to pay them as they are not included in your bankruptcy, and if they are not paid, legal action can be taken such as bailiffs etc. The debts are still your responsibility.
Sorry if this is not the advice you were expecting to hear but rules are rules and fines etc are not included under any circumstances. I suggest you get in touch as soon as possible and arrange some kind of repayment plan with the bailiff/collection agent
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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jasondl
Starting Member
3 Posts |
Posted - 19 March 2009 : 15:31:59
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Thanks for your advice. I am unsure about the replies. i understand their are liability issues but as far as i am aware, what can they do, they threaten to come with a baliff. What is the point everything I own is under the receivers hold. They cant take anything as I have nothing.
They are just bullying and trying many tactics. As well as huge fees of £500 plus for doing nothing.
On making myself bankrupt, the whole idea was to stop getting these harrasing calls and stress that goes with them. It is bad enough going through the bankruptcy then 12 months down these guys appear.
Where does it state that these still stand, I cant find any reference.
Thanks for the replies guys!
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Melanie.n
forum expert
United Kingdom
1282 Posts |
Posted - 19 March 2009 : 15:51:12
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They are not included in the bankuptcy as they are court fines ie non payment of parking tickets - you are liable to pay them.
The court has appointed a bailiff for collection and unless you pay they will go for a warrant to sieze goods ie your television etc. May I suggest you contact them an make some kind of repayment plan as each time they phone or indeed attend your home the debt will increase, they can even sieze your vehicle, so it is best not to ignore them
Melanie Nicholas
28 years insolvency experience - 23 of which in the Insolvency Service
- Insolvency Manager
Jones Giles
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YNWA
Starting Member
11 Posts |
Posted - 19 March 2009 : 16:23:43
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Are these local council parking fines? Has the court actually appointed a bailiff?
Or are you just getting threatening letters?
I had a "parking fine" last year. If it was on private land I would personally just ignore it. If it was a council issued fine then obviously you cannot ignore it.
There are some nasty firms out there that make their parking fines look like official council fines, if you do not pay up they double it, then double it again and so on. Then they send threatening letters about bailiffs and other things. I had a similar situation when I parked in the disabled space in Mcdonalds, because of my disability it actually takes me a lot longer to do things and I stayed in the "free" car park for 1 minute over the allotted time.
I then got a fine a few weeks later in the post, then it was doubled and a £35 fine ended up being "£200", they then threatened me with bailiffs and I eventually wrote to them to stop harassing me or I would call the police, I have not heard from them in 6 months and they legally do not have a claim against me other than they could sue me for tresspass.
If your "fine" is a private land fine then I would do some google searching and see all the scams that happen. If your fine is a council fine then you will probably have to pay it because they have the enforcement ability. Did you make yourself bankrupt just to escape a parking fine?! |
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jasondl
Starting Member
3 Posts |
Posted - 19 March 2009 : 16:50:45
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Hi The parking ticket was issued in London. To be honest I would gladly pay the £50 fine for the ticket but they are charging £515 in late fees, I have written to them 5 months ago and never heard anything till yesterday when they started again. I simply can afford it. I live hand to mouth as it is.
If only it was a parking ticket that caused my bankruptcy. No I had a long running business that grew to fast and the banks would not support the cashflow and forced me down the factoring route (Anyone reading do not use factoring) and the factoring deal was changed 12 months in and bankrupted me and forced redundedncies on my 30 staff.
All in the past now, bankruptcy has been a good thing once you get past the stigma and the lack of the nicer things in life. It has brought me down to earth, to respect what I have and take nothing for granted. Life is funny it has thrown things at me but always seems to be for a reason.
If it was not for parking Baliffs, who to be honest are the biggest criminals in the UK, my life would be much better. These guys are a law to themselves and can do what they wish, the police dont understand the laws. The Law should be made clear, I am all for getting the fines back and charging for this, but adding £565 over a ticket value is just robbery. I have paid out thousands to these guys in the past on company vehicles. They threaten, hold doors open with their feet, scare my wife, and worst of all my children in the past.
Lets hope what goes around comes around to these chaps!
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Hi I was made Bankrupt in Jan 2008.
