I have a letter not for me from Drakes Bailiffs does anyone have any advice?

worried_user

Yesterday I arrive home to a letter from Drakes Bailliffs in the outside of my letterbox (I assuming he didn't want to put his hand in the letter box because of my dog) addressed to my husband, who left just over 2 weeks ago. It says he will be taking goods as nothing has come of his previous contact, I have not seen anything before but as I have also had a letter about the council tax and £1400 of rent arrears since my husband left I do not doubt that he has been before and it has just not been mentioned to me. I have tried to contact the bailiff but his phone goes straight to voicemail, I have tried to leave a message but the phone cut out part way through so I'm not sure of how much of it he will have. I have got their office number from their website to call them, but have seen on their website that they request a utility bill and rental agreement to prove the person does not live there, the utility bill is no problem but the council refuse to remove his name from the tennancy until the arrears are paid off (although he did send a letter to them requesting this when he left). As the letter states that this is from a magistrates court from what I have read this is the only case where they are allowed to break into my home and take my stuff. I donot even know if my husband contacted them previously to him leaving. I can give them a mobile number for my husband, but it has been switched off since he moved out and I don't want them to think I'm trying to mislead them.
can anyone offer me some advice as I have heard so many bad things about this particular company and I don't know what to do.
Sorry this is so long.

RAS

Hi

I suspect you ned to check the situation regarding council tax and rent as you are jointly liable. If they cannot get your ex, then they can chase you for the money.

Do you know what debt Drakes are chasing?

And have you spoken to any of the debt charities yet?


Whatever you do, do not let the bailiff inside the property, keep the doors and windows locked and make sure any car is parked well away from the house.

RAS

Hi

if this is a liability order from a magistrates court, it is likely to be council tax and you are liable for that - just make sure that you have applied for the single person's allowance and and CTC since he left. I would also contact your local councillor urgently.

If it is for a fine etc then you need this which you can sign to prevent the bailiff taking your property to pay your ex's debt.

Nicked this information from a previous post by herbie21. it need to be witnessed and there is a small charge, herbie suggests elsewhere that £5 is normal.

Regarding the Statutory Declaration. The following is a simple Stat Dec that would need to be signed by the person who owns the goods listed on the walking possession.

This can also be adapted by anyone who owns goods to ensure that they are protected from seizure by a bailiff company.

STATUTORY DECLARATION

To: (the bailiff company and address)

I: (your name)

of: (your address)

Do solemnly and sincerely declare that:

The item listed (list item)
is not the property of (your name)and has always been my sole property

And:
I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

Signature: (You sign here in the presence of a solicitor)

Declared at:

On this day of two thousand and

Before me:

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor.

worried_user

Thank you. i know its not for council tax as this is with Rundle and Co which I made arrangements to pay monthly via the council intervention last week, I have also been in to sort out a payment for my rent so its definately not these. Also it is only in his name whereas the others have been in both names. I have no idea what it is for as it only states it from the magistrates court and the mobile number on it is switched off so have been unable to contact them.
Ras, thanks for that, do I need to do one of these for everything in my house or can I just put 'within the boundaries of xxx address' for the item? Also who do I need to get to sign it? Would the legal adviser at the council who I have been dealing with who is aware of the full picture be suitable?
Also even if it has nothing to do with me as we are still technically legally married could I still be held responsible? I don't have any more money spare to pay out after organising council tax, rent and DMP.

RAS

Hi

if it is a debt solely in his name then you are not liable to pay it, even if yhe is married to you.

With respect to the Statuatory Declaration, you need to list anything of value that belongs to you, unfortunately. They are not allowed to take basic furniture, kitchen gear etc, but white goods, TV, hifi, anything like that, needs listing. Remember you may need to prove that it is yours, not jointly owned, so if it went on his card, you must take legal advice. if there is still any of his stuff in the house, do not put that on the list.

You have to sign it , basically to swear the contents are true, in the presence of a Commissioner of Oaths, who is a trained solicitor. it only costs £5-10. However your advisor my know someone who will do it for free, so ask.

worried_user

the furniture was all bought on credit in my mums name (who i no longer see) about 5 years ago, won the TV in a raffle about 2 years ago, most kitchen stuff was given to me by an old work collegue 5 years ago and my brother built the computers for me. Any of the smaller items and fridge and tumble dryer will have probably been paid by cash or on my debit card (which is from a joint account he has not paid money into for over a year and has cancelled his card for). Haven't been able to buy anything anytime recently so I definately don't have receipts or anything. Is this going to make it particularly hard to prove? He has taken everything he wants, so has literally left a few bits and bobs of old clothes that are pretty much worth nothing. Bit of a strange question, my mobile phone contract is in his name and came with a free PS3, does this mean that the PS3 and mobile phone would be classed as his and could be taken? Also am I right in thinking I have read somewhere that they cannot take anything of my sons as they are not allowed to take childrens items or belongings? Sorry about all the questions, but it just seems that I am just starting to sort things out and something has to come along and mess it all up again!

Voyager2002

Just a thought, but could you not speak to a clerk at the Magistrate's Court and let them know the position? I am sure that the court has an effective way of contacting the bailiffs.

worried_user

Thanks for that the thought didn't even cross my mind. I will give that a try now. I will also continue attempting to list everything in my house for the statatory declaration.

worried_user

I am now concerned again, the magistrates office closed at 4.30 so I just missed them when I called and the bailiffs mobile is still off. Tried to call the office which firstly gave me an automated message telling me to send a utility bill to prove I am not the debtor and then when I tried a different option I was on hold for ages so I just hung up as I was paying for the call. I'm really worried that as this a removal notice there wont be time for me to send the letter's before he turns up to take my things for a debt that I have nothing to do with. Also a bit of a stupid question but I don't know anything about these things, where can I find a commisioner of oaths to witness my signature on my statatory declaration?

summermummy

There is a website called bailiff advice, they have stopped action for people I know. The website is www.bailiffadviceonline.co.uk. There is a lot of useful stuff on the site.

Be careful about the 0906 number. If you can get the advice for free - do so.