Bailiff Advice & Stat Decloration?

UnderPressure

Hello everyone

Well my saga continues..........

I am going to make another posts for more specific advice but just came across this on another thread and wondered if it does in actual fact stop them in their tracks?

http://forums.moneysavingexpert.com/showpost.html?p=34232689&postcount=26

It would not actually be a lie as aanything valuable such as washing machine, tv, basic electricals do all belong to my partner anyway.

I think this may be a great idea in my situation can anyone advise or offer any wisdom on doing this?

thanks in advance..............

DarkConvict

It does stop them, simply because the bailiff can only levy on goods belonging to the debt. If you can prove they do not belong to them (receipts) or Stat Declaration by a solicitor. Then the goods cannot be levied on. However if the bailiff has already levied goods you cannot do a Stat Declaration, you need receipts/evidence to prove the the levy on the goods is invalid. If the bailiff has not been inside the property it is even better as sending them a letter saying nothing of value inside belongs to the debtor gives them little reason to turn up.

UnderPressure

Awww thanks for posting this, for me that is brilliant news I know I should not be happy at such news and do want to tackle my debts but for a few creditors that would not accept payments I could afford the debt has been passed onto bailiff's and has caused a lot of friction in my relationship as all the debts are down to me and a failed business nothing to do with my partner.

Phewwwww this might cheer her up a bit she has been worried to death that they could just take stuff that belonged to her because we live together and have children, I will get along to the local solicitor tomorrow and send them all a copy, none of them have been anywhere near the house well they have been but I have not even let the into the garden thanks to this forum and the great people that give their time up to help

Thanks so much for your reply

RAS

UP

A few facts.

If you have any joint debts, you and your partner are both laible for the whole sum. it might be best to have a few joint accounts as possible.

Creditors can only chase you for your debts. Contrary to a lot of TV style drama, if it gets to bailiffs they can only take your possessions, not hers. There is nothing to stop you transferring goods to her before bailiffs can sieze them. She write out a recipt for £1 for the goods and give it to you.

They cannot levy/take standard domestic goods like beds, table etc.

UnderPressure

Thanks for that RAS, as aid in my first post all the major things in the house are owned by her so this declorations is an absolute god send, we dont have anything jointly at all which in hindsight was a great idea..........

Have spoken to my better half and shown her this thread she seems as though a huge weight has been taken of her shoulders, I phoned the solicitor in our town and have an appointment tomorrow afternoon so he can be a witness for her, I am basically going to use the wording in the post mentioned in my first post will this be OK? Does it cover all bases the way it needs to? The solicitor said he could draw something official up but wanted just over £100 to dit it! SO if I can use the declaration mentioned in my first post it brings the cost down to £15 much better...........

Thanks again guys I do appreciate your time and effort helping me out

DarkConvict

£100 seems high, I'm sure i have seen them done much cheaper down official lines. I can't be 100% sure on what RAS has said but RAS is usually right. All you need is an official witness to sign and stamp it. No need to get the solicitor to draw it up.

Having a look online i did find this, http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters#Statutory_Declaration_For_Goods_Belonging_to_Someone_Else

But your partner is safe, debts in your name will not affect her property or belongings.

RAS

Hi

When I did an SD for another purpose two year's ago, it cost £10 with the most reputable firm in town.

I suggest you cancel and ring round for an alternative appt. Most legal office seem to have someone who can come down and witness a signature at short notice.

loopylu36

UnderPressure wrote: »

Thanks for that RAS, as aid in my first post all the major things in the house are owned by her so this declorations is an absolute god send, we dont have anything jointly at all which in hindsight was a great idea..........

Have spoken to my better half and shown her this thread she seems as though a huge weight has been taken of her shoulders, I phoned the solicitor in our town and have an appointment tomorrow afternoon so he can be a witness for her, I am basically going to use the wording in the post mentioned in my first post will this be OK? Does it cover all bases the way it needs to? The solicitor said he could draw something official up but wanted just over £100 to dit it! SO if I can use the declaration mentioned in my first post it brings the cost down to £15 much better...........

Thanks again guys I do appreciate your time and effort helping me out

The solicitor wants £100 to draw the agreement up not to just witness it. You need to prepare it yourself using the template from the other thread that you mention in your first post (my thread actually!:D). The solicitor will then just charge you a "swearing" fee of between £5 - 10.

UnderPressure

Sorry to rake this up again

So I can say as far as we are aware this statement is worded correctly then? They are due to visit on Wednesday so I need to get it sworn, I have phoned the local county court and they say we can get it done there for free anyone see any problem with this?

Thanks guys I do appreciate your comments

UnderPressure

I'll paste the wording in the post to make it easier to see

I (insert oh's name and address here)
make this statement knowing that it may be presented to a Court and believing the contents to be true.

1. I am the lawful owner of the aforementioned address and own all its contents and I declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of my goods or deprive me of them for the purposes of using it as leverage for obtaining a money transfer from somebody else.

2. I further declare that any bailiff or person seeking a money transfer from somebody else including members of my household may not consider my goods property and chattels to be prima facie to be the property of, or belonging to somebody else.

3. This statement will be served on a firm of bailiffs known as

of by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978 as they have made a threat to convert my goods to somebody else’s use.

4. I believe that the facts given in this statement are true.


[NAME] _______________________


Date__________________________


Sworn before me:


______________________________
An officer of the Court/commissioner for oaths

kaya

i can assure you it is correct, phone marstons and ask em lol , you do not need an appointment with a solicitor, just walk into ANY solicitors office with the declaration, explain to the receptionist that you need an affadavit witnessed, you will be asked to swear on the bible that its contents are true, the solicitor will sign it and rubber stamp it and charge you £5 , this is a standardised fee for witnessing as it takes less than 2 mins to do, i believe that you can also pop into your nearest courthouse and get it signed instead by a judge, you dont need a reciept for the goods, you are legally entitled to give away all of your posessions at any time to anybody you wish(provided the bailiff hasnt been in your home and lvied on them already), the law states that the bailiff can only take the debtors posessions, if he touches goods belonging to anybody else he is comitting the common law act of theft and can be prosecuted, the onus is on you to satisfy him that the goods are not the property of the debtor, an affadavit once sworn is law, so you are making a tiny piece of legislation, the bailiffs will not contact you again when they realise that there is nothing whatsoever for him to take-he knows the law better than you do so knows he is wasting his time and money as soon as you send him an affadavit, i found several different variations on the net and believe that one came from the consumer direct website, please dont worry any more, send em a copy and you wont hear from em again!!