Bailiffs came today please help

grumbleweed2

I have posted before re my daughters debts. She lives with us after being evicted for rent arrears. her and BF are now being chased for 5 years of council tax and today the bailiff turned up for the first time.

They are seeking adice but its all slow..they trying to gather all their debts and noone sems able to hel them until they have doen that.

But, its our house not theirs and they dont own anything in it (clothes and the babys things that is alll). We wrote to the company tellin them this and we also told the bailiff this today.
They said we had to prove the stuff was all ours, I thought the onus of proff was on them? Yes some stuff we have recipts for but most of our belongings furnitre, electrical etc are more than 10 years old..we dont keep receipts that long.

I am going out of my mind with worry that Ill come home from work one day and find they've cleared the house and we hten have to fight to get our belongings back.

Do we have to prove that our things are urs and not my daugters?

thanks

Ames

You need to go to a solicitor and sign a statutory declaration. someone clever will be along soon with the wording for you to print out. Then you go to a solicitor and get them to witness it, it should cost about a tenner. That should be proof enough for the bailiff.

Where is your daughter getting advice from? Just to make sure it's someone reputable.

grumbleweed2

First she went to CAB, but they are so slow at appintmnets. The she tried one of the debt helplies but they said they couldnt do antyhing ntil she knew exactkly how much she owes and to who. She has checked her credit rating and some of the known debts are not listed and some that are she is unaware of (she has a long standing depression). She has contacted the utilities and is awaiting responses from them. The bailiffs are for concil tax which makes up 80% of their total debt.

I would be grateful for what to wrote in the declaration you mention, do I then send it to the bailiffs? I use a screen reader so lease keep it simple for me.
tanks

NorthernLas

I have posted a statutory declaration letter from another thread. You need to get a solicitor to witness (for £5 or £10) or the local county court for free I think. Here is the text

I (insert your 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

NorthernLas

Once the letter has been witnessed, you send a copy to the bailiff company by recorded post.

Whatever you do, keep your windows closed and do not let the bailiff in to your property. You are entitled to keep them outside and they can only enter peacefully, that is to say you invite them in.

Ames

I know CAB are slow, but I think they'd be best. They can take into account her mental health and offer more personal advice, I've found the big helplines to be quite unsympathetic about health issues. Or she could try Christians Against Poverty, they offer more of a one to one service and don't push the religious thing.

leahciM

It's scary when baliffs turn up, but remember; it is illegal for them to enter your house without your permission. If they try to, or if they force their way at all (ie. putting their foot in the door when you try to close it) then they are breaking the law.

Also, if they tell you directly of your daughter's debts specifically what she owes, then that is illegal too. Baliffs are scum and deserve to be treated as such.

Some baliffs came to my gf's house once because her mum's bf had some debt and tried all this stuff on her. She stood her ground and they tried to force their way in, eventually they gave up and left. My gf and I are both journalists and dear God did they back down once they found out

Take the advice of the people above and go to a solicitor. Balifs are only a fraction (the tiniest fraction) of a step up from clampers and will try everything in the grubby book to rob you.

SimIsOnTheUp

Hiya,

Sorry to hear about your grief with the Bailiffs.

Have you let the Bailiffs in, and have you signed anything?

Regards,

Sim.

grumbleweed2

thanks for the letter, I will gte onto that.We are trying chritsians against poverty..they also have a 3 week waiting list to see people . We know we're not to let them in. He wasnt aggressive but he did say things ie Ill be back with a warrant for your arrest, and my fees will run tino thusands which will mean you ust pay more. He was just scary and if I were here n my own, its probabaly better to just not answer the door?

grumbleweed2

no on bothcounts.
sorry i seemed to have posted twice, i dont know how to merge topics

mr.ton

If its not you they are chasing then have no right to be anywhere near your house quite frankly or any right to take your stuff.
They have to have been ordered by a court 1st - if they havent then the police can be called etc..
I would visit your local CAB asap & also seek advice from a solicitor/your local court etc..