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Advice against harassment off bailiffs

2

Comments

  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    if the debt is solely in the sons name and the op was not a cosigner all you need do is fill this out, take it to a solicitor and pay him £5 to witness you signing it(or a comissioner for oaths, or a judge in a court), give copies to all the vultures and they will go awy:
    DECLARATION OF OWNERSHIP

    i xxxxxx xxxxxxxxx OF (INSERT ADDRESS HERE) MAKE THIS STATEMENT KNOWING THAT IT MAY BE PRESENTED TO A COURT AND BELIEVING ITS CONTENTS TO BE TRUE
    1). I AM THE LAWFULL OWNER OF THE AFFOREMENTIONED PROPERTY AND ALL OF ITS CONTENTS AND I DECLARE THERE IS NO ENTITLEMENT ENABLING ANYONE TO CHANGE OWNERSHIP, POSESSION, LOCATIION , 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 NTO CONSIDER MY GOODS AND CHATTELS TO BE PRIMA FACIE TO BE THE PROPERTY OF, OR BELONGING TO SOMEBODY ELSE.

    3). THIS STATEMENT WILL BE SERVED ON A COMPANY NAMED XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
    BY ORDIANRY POST AND WILL BE CONSIDERED GOOD SERVICE UNDER SECTION 7 OF THE INTERPRETATION AACT 1978 AS THEY HAVE MADE A THREAT TO CONVERT MY GOODS TO SOMEBODY ELSES USE

    4)
    I BELIEVE ALL THE FACTS GIVEN IN THIS STATEMENT ARE TRUE,

    {NAME}


    {DATE}


    SWORN BEFORE ME:

    AN OFFICER OF THE COURT/COMISSIONER FOR OATHS
  • asbokid
    asbokid Posts: 2,008 Forumite
    I wouldn't expect any help from the police. The son's criminal background will be known to them, and the police will ensure that the harassment of the mother goes unchallenged.The police will see it as acceptable extra-judicial punishment.
  • Culex
    Culex Posts: 776 Forumite
    asbokid wrote: »
    I wouldn't expect any help from the police. The son's criminal background will be known to them, and the police will ensure that the harassment of the mother goes unchallenged.The police will see it as acceptable extra-judicial punishment.
    That's if they don't offer their traditional excuse:

    "There's nothing we can do, as it's a civil matter!"

    Translated: We are too lazy to get off our backsides and, besides, it will mean a lot of paperwork and forms to complete!
  • Culex
    Culex Posts: 776 Forumite
    cgk1 wrote: »
    No chance those are bailiffs - they will simply be debt collectors. The next time she sees them, phone the police and tell them there are two strange men parked outside and she thinks they are watching children in the area.
    If it saves just one child... :p
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    edited 24 April 2011 at 3:23AM
    all you need do is fill this out, take it to a solicitor and pay him £5 to witness you signing it(or a comissioner for oaths, or a judge in a court), give copies to all the vultures and they will go awy

    If that letter was a direct copy and paste from another website, I would seriously wonder how good the source and information actually is considering the amount of grammatical and spelling errors in it.

    LOCATTION
    NTO
    ORDIANRY
    AACT
    give copies to all the vultures and they will go awy
    UNDER SECTION 7 OF THE INTERPRETATION AACT 1978

    If the OP were to give the letters to the debt collectors, then Sect 7 of the Interpretation act has no relevance as this is to do with letters being delivered by post.

    And £5 for a solicitor to witness and sign a letter? (you will be lucky to get it for less than £25 + VAT)
  • paddyrg
    paddyrg Posts: 13,543 Forumite
    But back to the matter in hand - his debts are not her debts. If debt collectors (not court-appointed bailiffs) are harassing her, then she has a complaint against them, she should keep a note of dates and times they harrass her in a diary, and when she tells them that "that is my idiot son's debt, not mine - he will be back to face the music in 2 years, I suggest you never lend him anything again. In the meantime I cannot help you, so please do not return - I am recording your visits, and harrassing me will not help you as it is not my debt to repay". Any threats of violence, or untoward behaviour should be lodged with the police - at that point it is a criminal matter, and the fact the son is in prison does not affect things (unless the lady herself has upset the police), they re more likely to be sympathetic. They will not take the side of "some blokes" with big man complexes trying to extort/bully money from her. Police uphold the law, these guys are trying to undermine the law, which the police generally do not warm to.

    The son is one thing, he's serving his debt to society, thugs at the door is something else.
  • Money_User
    Money_User Posts: 286 Forumite
    cgk1 wrote: »
    The next time she sees them, phone the police and tell them there are two strange men parked outside and she thinks they are watching children in the area.

    That might work, as long as she doesn't say her names Zoelouise!
  • kaya
    kaya Posts: 2,465 Forumite
    Part of the Furniture Combo Breaker
    the £5 charge(it may be ten, i forget) is a standard fee charged by ALL solicitors/court reps and comissioners for oaths, they are not allowed to charge you any more. When you go to swear an affadavit in front of the appropriate legal person you are making law, an affadavit is recognisable in law and HAS to be recognised as such by the police, bailiffs etc. The good service by post bit is relevant only if you post it obviously, its like a get out of jail free card for bailiffs and debt collectors and THEY know it, i have used this personally in respect of a £20,000 magistrate appointed liability order which was passed on to an unpopular firm of bailiffs for collection, upon reciept of this affadavit they didnt even bother to knock on my front door, and no, it was not a direct copy and paste, i took the time to type it out, no mean feat i can assure you with my health issues and medication, but thanks to the "know it all spelling police" wham fan for pointing it out, maybe you would be kind enough to retype it correctly for the op and next time your near a court or solicitors you could pop in and check out a few of your criticisms, you will find out im correct in everything apart from my spelling, all you are doing is telling them that you own everything by law and that taking something of yours for somebody elses debt is known as theft, its a very smple way of sending them all packing, or you could continue to hide behind your curtains in unnessacry fear of the thugs if you prefer that?
  • Apples2
    Apples2 Posts: 6,442 Forumite
    edited 24 April 2011 at 7:49AM
    That letter above is simply hilarious.

    I have visions of a Jeremy Kyle guest with his tongue sticking out whilst he is deep in concentration, crayons going wild.

    It isn't just the spelling but the entire grammar of it.

    Health issues made me do it, !!!!!!???
  • sjbrun
    sjbrun Posts: 470 Forumite
    kaya wrote: »
    if the debt is solely in the sons name and the op was not a cosigner all you need do is fill this out, take it to a solicitor and pay him £5 to witness you signing it(or a comissioner for oaths, or a judge in a court), give copies to all the vultures and they will go awy:
    DECLARATION OF OWNERSHIP

    i xxxxxx xxxxxxxxx OF (INSERT ADDRESS HERE) MAKE THIS STATEMENT KNOWING THAT IT MAY BE PRESENTED TO A COURT AND BELIEVING ITS CONTENTS TO BE TRUE
    1). I AM THE LAWFULL OWNER OF THE AFFOREMENTIONED PROPERTY AND ALL OF ITS CONTENTS AND I DECLARE THERE IS NO ENTITLEMENT ENABLING ANYONE TO CHANGE OWNERSHIP, POSESSION, LOCATIION , 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 NTO CONSIDER MY GOODS AND CHATTELS TO BE PRIMA FACIE TO BE THE PROPERTY OF, OR BELONGING TO SOMEBODY ELSE.

    3). THIS STATEMENT WILL BE SERVED ON A COMPANY NAMED XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
    BY ORDIANRY POST AND WILL BE CONSIDERED GOOD SERVICE UNDER SECTION 7 OF THE INTERPRETATION AACT 1978 AS THEY HAVE MADE A THREAT TO CONVERT MY GOODS TO SOMEBODY ELSES USE

    4)
    I BELIEVE ALL THE FACTS GIVEN IN THIS STATEMENT ARE TRUE,

    {NAME}


    {DATE}


    SWORN BEFORE ME:

    AN OFFICER OF THE COURT/COMISSIONER FOR OATHS


    Correct me if I'm wrong but the above letter is basically a statutory declaration. which does cost £5 from any solicitors which sometimes goes to charity depending on the solicitors. I dont know quite how they work but i've done some for commercial leases and you just put one hand on a bible and swear an oath.

    I think you can do the same and it becomes legally binding that what you have put is true and if its not you can go to court for it.
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