High Court Enforcer
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Everything posted by High Court Enforcer
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FP, firstly, you may well be right about the ANPR but they would not remove a car if they didnt have a warrant to do so. Secondly, I generally use the nearest auction to where the goods have been removed from. This includes some of the large auctioneers who are more than happy to sell vehicles without keys/docs. I have also used eBay. Oh, and they are not 'illegal actions' either. Thirdly, I know of many debtors that have had money returned from a sale of goods. In fact this week we are due to pay over £1000 to a debtor whose vehicle was sold at auction but realised more than the sums due.
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You'll get better advice on here than using John Glat and his Bailiff Mediation website. I have dealt with him a few times and the £125 he charges is a waste of money in my opinion. He's never had anything reduced with us and ended up asking us for advice on what to do!!! Not sure why this site autocorrects his surname transposing the L and A though?
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The bailiff does not have to accept the statutory declaration but if he chooses not to and removes the goods it will be for the debtor to challenge the bailiff in court. (The bailiff would have to have a bloody good reason to do this!!) Given the fact that the debtor had already provided the bailiff with the Stat Dec if it was found to be truthful then the bailiff would be the preverbial. However, if the bailiff could justify his reasoning for not accepting the Stat Decs claims and it is proved in court he was right then that would be that. For example, Spamheed could sign a Stat Dec stating he was 'knowledgable on bailiff law'. As laughable as that sounds, he still thinks it is unchallegeable..... funny guy....
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Just for your info, if the vehicle is the only asset available to the bailiff it cannot be considered an over-levy. And whilst Tomtubby may band around these tales of £10k cars being sold for £1k dont believe the hype. TT can you prove any of these claims? Of course not. One point I would add is that it is not unreasonable for a car that if sold privately might fetch £1500 to only realise £150 after auction fees. Remember these cars are usually sold without keys, without log book, without MOT, without service history and at auction without a test drive to a car dealer.
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Thats a fair point and I have advised that if what you have said is correct then the bailiff company wouldnt have a leg to stand on. Despite others pointless ramblings above, I have not suggested who you pay just that you need to get some kind of agreed arrangement in place and when you have this, you're original question regarding the Stat Dec will be irrelevant. Good luck
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Spamheed is laughably wrong as usual. Not sure how his little mind works. A Statutory Declaration is a sworn claim for something. This can be challenged but the bailiff would have to have good reason to do so. From what you have posted it would appear he does not. The point remains that you owe Council Tax and this needs to be paid somehow, whether it be through the bailiffs or the council I didnt state.
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I'd say your stuffed unfortunately. The letters from the council and bailiff are deemed served when posted by Royal Mail. You really should have contacted the council rather than wait for them to contact you. You must have been aware that you'd owe business rates? Sorry to be the bearer of bad news.
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A statutory declaration does not have to be accepted. However, if the bailiff removes goods that he believes are yours and it is later proved in court that they are not then the company will leave themselves open for costs. I'm not suggesting you are, but so many unscrupluous debtors use Stat Decs to try and worm out of debts they owe. More important is the fact that you should try to arrange a payment plan so that goods will not need to be removed, whoever it's claimed they belong to. Quite why Hallowitch thinks a formal complaint is the next step is beyond me.
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You would be better giving some details, even if they are those of your girlfriend (tenancy agreement / utility bill etc). Sending the letter back 'not known at this address' will not stop any action by the bailiffs. They should continue to visit until you have proved that the debtor has moved. A letter from your landlord/letting agency is another option.
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Just be aware that the HCEO can enforce for their fees even if the original debt is paid to the creditor. The creditor will have signed SF's T&C's requiring that any payment recieved will be passed to them also. The writ of fi fa clearly states that SF are to collect the judgment debt AND their fees from the defendant.
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You are having a laugh. £1 per month???? Send in the bailiffs I say.
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TT, the bailiff does NOT have to be invited in. I know you're trying to help but please stop telling people this!! He can open an unlocked door or climb through an unlocked and open window. If the debtor opens the front door and then walks off to get something he can walk in too. Each of the above are perfectly legal and considered peaceful entry!!!
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