Urgent Bailiff Help PLEASE RE: Walk In Poss.

[thevenue2]

hello, im so glad i found a forum like this, im hoping someone can help me......

 

my partner has a debt in her name, she had a visit from the bailiffs on friday, they came into her home and wrote a list of items they will take in 5 days if she cannot make full payment (£1700) - there is no way she can make this bill.

 

however, my problem is that the bailiff put alot of MY items on the list, which he said i have to prove are mine, alot i can prove, with receipts, however not all of them, i have a collection of vinyl records, some of which a quite rare, but i have no receipts for them - how can i protect these from being taken?? im out of my mind with worry, and can't find the answers i need anywhere, please somebody help me, im desperate.

 

many many thanks,

 

David.

[chris600uk]

I would suggest making a Statutory Declaration

 

Then the bailiffs should release these items from the levy.

 

No doubt tt and others will have a view on this, but that would seem to be the way to go, to begin with.

 

Chris

[chris600uk]

***hang on let me take all that other stuff out*** I'll re post it.

 

Unless anyone has any objections to this format, this is what it looks like.

 

Costs about £5 if sworn before a commissioner for oaths/solicitor who signs and stamps it.

 

Then you scan it, email it, fax it, post a hard copy recorded delivery, or use a carrier pigeon, etc.

 

Simple. Well, that part is anyway:)

 

Chris.

[chris600uk]

STATUTORY DECLARATION for CAG.doc

 

That's better:)

[Givuzagame]

Did the debt go to court?

 

Has your friend made an offer of payment? Bailiffs should accept instalments...you are not refusing to pay....

 

Best to NEVER LET THEM IN though....

 

Good luck

Gx

[thevenue2]

[ATTACH]1778[/ATTACH]

 

That's better:)

 

thanks for your help Chris, never knew of anything like this, you've been a big help! one question though.... will this actually 'stand up' to a bailiff?

[thevenue2]

Did the debt go to court?

 

Has your friend made an offer of payment? Bailiffs should accept instalments...you are not refusing to pay....

 

Best to NEVER LET THEM IN though....

 

Good luck

Gx

 

Hi, thankyou for your reply. It did go to court yes, then they made arrangements to take a percentage off her wage each month, but she changed jobs, and she (stupidly) never thought about contacting them until it was too late.

 

now they want the full balance only.

[Givuzagame]

Can she prove she changed jobs - payslips etc?

 

Still worth a try with the email.....nothing to lose.

 

Good luck Gx

[thevenue2]

Can she prove she changed jobs - payslips etc?

 

Still worth a try with the email.....nothing to lose.

 

Good luck Gx

 

yes she can prove that via wageslips, but it seems they don't wanna know, just want the full balance. can i ask what you mean by "Still worth a try with the email"

[Givuzagame]

LOL sorry posted much today I'm on my soapbox.

 

I usually email bailiffs and copy everything on to the councillors (all parties) where their offices are held. They usually respond amicably as dealing with r the office rather than the door knocker.

 

It may help as your friend did offer to pay and was in fact paying until the change of job.....Offer to restart instalments.

 

It may work, give it a go! Good luck Gx

[tomtubby]

Sadly, since Christmas our office have received many enquiries from the public that bailiffs are becoming far more aggresive and are not willing to accept payment arrangements over a period of more that 2 or 3 months.

 

I am assuming like other debt advisors that this is because the bailiff company know that by the end of this month credit card bills will be be arriving and that the public will have very little, if anything spare to pay them. They are getting in first !!

 

A few points first, can you let me know by PRIVATE MESSAGE ONLY the name of the bailiff who signed the Walking Possession so that I can search our database to ensure that he or she is legally certificated.

 

The bailiff is right when he says about ownership of assets, The onus of proof is on you..NOT the bailiff to prove ownership. It is enough for him to presume.

[chris600uk]

thanks for your help Chris, never knew of anything like this, you've been a big help! one question though.... will this actually 'stand up' to a bailiff?

 

Aha! tt's on the case:) so perhaps she can comment on that?

[thevenue2]

It may help as your friend did offer to pay and was in fact paying until the change of job.....Offer to restart instalments.

 

It may work, give it a go! Good luck Gx

 

thankyou for your help, i will get her to try it and see what they come back with.

 

A few points first, can you let me know by PRIVATE MESSAGE ONLY the name of the bailiff who signed the Walking Possession so that I can search our database to ensure that he or she is legally certificated.

 

The bailiff is right when he says about ownership of assets, The onus of proof is on you..NOT the bailiff to prove ownership. It is enough for him to presume.

 

thanks for your help TT, i will PM you when i get home. one other thing (it may be nothing?) but he was quite vague about the things he wrote down, for instance when noting my vinyl records (some 4000+), he simply wrote them as "various records"? what proof would he have that i havent removed any? also when noting my 2x turntables, amplifier, speakers, and mixer, he simply noted them under "music decks", surely this is much too vague for a proper walk in possession order, my flatmate is sure he is just trying to frighten her into getting the money and has no intention of taking anything, as he said himself - it wont nearly cover the debt. can't be too careful though i realise. I will get my statutory decleration signed by a solicitor tomorrow, thankyou.

 

Aha! tt's on the case:) so perhaps she can comment on that?

 

yes could somone please, its the one thing im really banking on, much thanks.

[chris600uk]

when noting my 2x turntables, amplifier, speakers, and mixer, he simply noted them under "music decks"

 

 

Are you mobile then, I did that for a couple of years before CD mixers became popular, my collection was over 2000; it was a real pain lugging it all in and out of the car after every job.

Ah the good old days:D

[thevenue2]

hehe yeah dj 2-3 nights a week at the moment, im sure the records get heavier and heavier every night lol, i would move to cd if i get some spare cash but at the moment i just love vinyl way too much

[chris600uk]

my problem is that the bailiff put alot of MY items on the list, which he said i have to prove are mine, alot i can prove, with receipts, however not all of them, i have a collection of vinyl records, some of which a quite rare, but i have no receipts for them

 

Dave have you done the statutory declaration and emailed and posted it yet?

 

The WPA does give the bailiff the right to come back and take stuff, although there is a list of exempt-goods that he/she shouldn't touch, which includes tools of the trade, which your records certainly are, and goods that do not belong to the person named upon the liability order (think I've got that right).

 

As TT said, the onus is on you to prove ownership, the bailiff is allowed to presume so you must "claim the goods back from the levy/seizure", and get the bailiffs to amend the WPA thereby releasing your goods.

 

Otherwise, you could find your stuff on the van as well, and it's a lot more difficult to get things back once they've been taken - much easier to stop them being taken in the first place.

 

Chris.

[thevenue2]

Dave have you done the statutory declaration and emailed and posted it yet?

 

The WPA does give the bailiff the right to come back and take stuff, although there is a list of exempt-goods that he/she shouldn't touch, which includes tools of the trade, which your records certainly are, and goods that do not belong to the person named upon the liability order (think I've got that right).

 

As TT said, the onus is on you to prove ownership, the bailiff is allowed to presume so you must "claim the goods back from the levy/seizure", and get the bailiffs to amend the WPA thereby releasing your goods.

 

Otherwise, you could find your stuff on the van as well, and it's a lot more difficult to get things back once they've been taken - much easier to stop them being taken in the first place.

 

Chris.

 

Hi Chris,

 

yeah i did it yesterday (emailed & posted), cheers. my flatmate phoned the bailiff today, and apparently when she explained she could'nt possibly find the money to pay (which i know she can't), his attitude changed with her, he told her he could'nt tell her what would happen, but that she wouldnt go to jail (as he once said she would), and that it MAY get referred back to court..... fingers crossed (even if he took everythig he could it still wouldnt come close to settling the debt he said)

[chris600uk]

Yayy:D

 

Ok, so what I suggest you do now, is write to the bailiff (email and post) telling them that she wants to clear this debt, and was paying with an attachment of earnings order agreed with the court, she doesn't have the money to pay the bailiff, but wishes to return to court to reinstate the attachment of earnings order which was inadvertently cancelled because of her change of employment.

 

No of course she won't go to jail, to achieve that (and it would be an achievement), she would have to refuse to pay council tax; the court doesn't want to jail her, the jails are full anyway.

[thevenue2]

ok Chris, thanks. I'll get her to sort it our today and e/mail it off, thanks for all your help! I'll let you know tomorrow when he comes back (its been 5 working days since the WPA)

[thevenue2]

*UPDATE*

 

I'm very happy to report that the bailiff is sending the debt back to the court! my flatmate phoned him today to see what time he was coming tomorrow, but he said he could'nt make it until later on in the day (when she would be at work), he said to leave it until monday, but she said she did'nt want to as she did'nt want it 'hanging over her' all weekend, at which point he asked if she definately had valid receipts for my stuff, she said yes - then he said "thats good enough for him" and he'd refer it back to the court, without even seeing them (!) and even gave her advice on what to say in the court! he said she would be arrested, and she'd have to go in a holding cell, but only for a very short time, needless to say, she prefers that than having to lose her stuff - along with mine.

 

just wanted to say a massive thanks for all the good advice from everyone on here! it's made me alot more aware that people should'nt just lie down and let them scare you like they do!

[chris600uk]

First of all great news!

 

But I'm amazed at the suggestion that anyone would be arrested, and put in a holding cell.

 

i) You haven't refused to pay

 

ii) There used to be a sign over the entrance to the Magistrates Court which says "YOU ARE UNDER ARREST", well I suppose that meant the police, the public, the witnesses, solicitors, etc.

 

Unless anyone has any better information, I'd say cobblers to that!

[thevenue2]

ah right, apparently he said it was standard with court fines (also that it would be someone from the bailiff agency that would 'arrest' her? anyway even if it does happen, its a small(er) price to pay than losing everything we own, forgot to mention, he even said all of the previous bailiff fees would be removed! thanks Chris.