a friend of mine is being threatened with bailiffs..

March2012

he got into debt with a company that he is doing work with and got so stressed and fell ill that he could not deal with the pressure so did not handle it for ages (they have overcharged anyway).

Now they are threatening to come to his girlfriends house where she owns the house and not him and there is nothing of his apart from his clothes.She is getting worried herself as she had nothing to do with it all and feels it is affecting her now as they want to come in and take goods. any tips? i have read about a stay of execution option. can he just offer this option. what are their rights. thanks in advance.

vax2002

Bring this friend to the computer, they will need to answer lots of questions.

March2012

thanks for your input

vax2002 wrote: »

Bring this friend to the computer, they will need to answer lots of questions.

vax2002

What action has been taken in relation to this debt ?
A CCJ ?
or are they just using letters of threats.
If they have not been taken to court or issued a CCJ, a real one not a letter threatening it then no bailiffs can attend as there will be no order to collect.
Can you find out at what stage in the collection proceedings they are at.

March2012

not sure otherwise.does this help?

vax2002 wrote: »

What action has been taken in relation to this debt ?
A CCJ ?
or are they just using letters of threats.
If they have not been taken to court or issued a CCJ, a real one not a letter threatening it then no bailiffs can attend as there will be no order to collect.
Can you find out at what stage in the collection proceedings they are at.

DVardysShadow

March2012 wrote: »

apparently gone to the high court.

Not enough info. How far as this gone? Has a judgement been issued? Has he defended?

hallowitch

do you mean that its a CCJ for over £600 which has been sent to HCEO to enforce under a writ of fifia

to protect her property the girlfriend can go to a solicitor and get a statutory declaration done this a copy of a stat dec i used for a Friend it cost her £5

STATUTORY DECLARATION

I/We____________________________ ______________
address_________________________________________________
_______________________________________________________

make the following declaration under the Statutory Declarations Act 1959:

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX (& Mrs XXX XXXX) . There are no items within the property or it's boundaries belonging to any other person.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

Signed:

Declared at___________________on__________________of 20___
Before me,

<Signature of person before whom the declaration is made>

Full Name___________________________Qualification____________
Address__________________________________________________

of person before whom the declaration is made (in printed letters)

DVardysShadow

hallowitch wrote: »

STATUTORY DECLARATION

I/We____________________________ ______________
address_________________________________________________
_______________________________________________________

make the following declaration under the Statutory Declarations Act 1959:

All items contained within the property at the above address and within it's boundaries, are owned by Mr XXX XXXX (& Mrs XXX XXXX) . There are no items within the property or it's boundaries belonging to any other person.

I understand that a person who intentionally makes a false statement in a statutory declaration is guilty of an offence under section 11 of the Statutory Declarations Act 1959, and I believe that the statements in this declaration are true in every particular.

Signed:

Declared at___________________on__________________of 20___
Before me,

<Signature of person before whom the declaration is made>

Full Name___________________________Qualification____________
Address__________________________________________________

of person before whom the declaration is made (in printed letters)

Agree with the general approach. However the alleged debtor's clothes are on the premises, which makes the actual declaration invalid.

hallowitch

When i done this one the only question the solicitor asked was is there any goods on HP

I did ask the solicitor about his clothes and other small personal items(toiletries ) that belonged to him and was told that as they have no value and clothes cant be removed and sold

March2012

times on behalf of my friends! i know that he has a computer on HP that he owes money on that would be the only outstanding thing. what would be the situation in this case? or should he take it out of the house? thanks for any additional tips.

hallowitch wrote: »

When i done this one the only question the solicitor asked was is there any goods on HP

I did ask the solicitor about his clothes and other small personal items(toiletries ) that belonged to him and was told that as they have no value and clothes cant be removed and sold

RAS

he needs to keep evidence of the HP agreement.

The whole point is that he should not let the bailiff in the house.

What you have not explained is how this debt arose and whether this is High COurt bailiff or ordinary ones.