Can i protect from levy/distraint or seizure

[sapper_72]

Hi again all,

 

I have another related question. my car is in my girlfriends name, there is no equity in the house, the only thing that realy worries me at the moment is the contents of the house myself and my girlfriend and my daughter share, can I have a letter produced or something to say that all the contents of the house belongs to her to stop them trying to levy. mainly worried about hmrc as they seem the most determined at the moment however ther is other ccjs against me.

 

Thanks

 

 

david

[rory32]

I feel you would receive more advice on this in the Bailiffs Forum (as it would be Bailiffs who would carry out any levy) and have moved your thread to there.

[rambo]

This is what I done when I was having hassle with bailiffs.

 

I made a list of everything in my flat, and I mean EVERYTHING.

I then sold all my goods to my sister(nudge nudge wink wink).

I made sure that I sold her the goods before the bailiffs got involved(nudge nudge wink wink).

If a bailiff ever entered my flat I could prove that the goods did not belong to me.

If asked why I sold my stuff to my sister I would say that I am leaveing the country and my sister is an e bay addict and would sell my goods(now hers) on e bay.

Remember, it is down to you to prove that the goods do not belong to you, keep the recipt handy and if the bailiffs want proof you have it.

[sapper_72]

hi,

 

I had a similar thing in mind. will that actualy work though, have already sold my girlfriend my car to raise money:grin:

 

thanks

 

david

[John McKenna]

Due to the sketchy details you've provided it's a bit difficult to respond but the bottom line is that regardless of what goods you do or don't have, the bailiff is there to recover the debt to Her Majesty. If you don't have any goods you ultimately still have to settle the debt. If you refuse to settle with the bailiff you run the risk of HMRC filing for bankruptcy (depending on the amount outstanding).

 

Can you settle the debt?

 

More details would be helpful?

[sapper_72]

Hi John,

 

Thanks for the repsonse, firstly let me appologise for the sketchy detail in my original post.

 

It is with reference to a hmrc debt for a little over 30k. I am not in a position to pay in a lump sum, I have tried to make an arrangment with them however was told balance had to be cleared in 12 months.

I have explained to them I am no longer self employed so the debt will not increase,the hmrc will not stop interst like a comercial crdeitor so unless te payment is sizeable it just pays the interest!

 

I may well end up filing for bankrupcy in the end just tryin to work the problem from all angles before i do.

 

A final question is if HMRC distrain give you the 5 days, and you then go bankrupt within the 5 days does that cancel the bankrupcy.

 

I have no equity in the property infact with a 3rd charge its actualy a little negative. I have no car etc etc.

 

Thanks

 

 

david

[tomtubby]

A final question is if HMRC distrain give you the 5 days, and you then go bankrupt within the 5 days does that cancel the bankrupcy

 

 

Sorry, I am confused about the question!!!

 

HMRC can only levy upon goods owned by YOU. That is clear.

 

Due to the size of the debt, I would seriously consider the bankruptcy route as HMRC charge a considerable amount of interest. In addition, as you have little or no equity there is very little to lose.

[sapper_72]

sorry there was a typo in the last question, i meant does it cancel the distraint or levy, not the bankrupcy, by that I mean does going bankrupt stop them taking the stuff out of your house.

 

They havent as yet levied ( i just want to be ready) the recovery told me that my case was being passed to enforcement on friday as we couldnt come to an arrangement,

there is 20k subject to a ccj in 04, and the remaining 11k is more recent, the debt has been reduced from 50k to 30k after some accounting errors by my last (and i use the term loosely) accountant were resolved.

 

I am more worried about them leaving my girlfriend myslef and my child in an empty house, my girlfriend brought a lot in fact most of the stuff in our house with her when we chucked in together but not sure how we would prove ownership as the house is in my sole name (we were going to buy one in joint next time)

 

reasons im tryin to avoid bankrupcy is that I am a company director, I would rather pay my debts than wipe them out, obviously the stigma and i dont want to run the risk of loosing my house, also my sister works for the or OR so that could cause a few crossed words.

 

Thanks for your responses guys

 

 

david

[tomtubby]

With this further info, I would like to change my previous advice. I was unaware that the property was in sole name. Had it been in joint names then your partner would be able to offer a very nominal sum to purchase your equity (nil) and this would be simple.

 

You say that £20k is subject to a CCJ. Can you not then file an N245 to vary the court order and pay by affordable repayments.

 

Can you send a PM to Michael Brown as he has an excellent Statutory Declaration that is featured under Consumer WiKi that should be sworn ASAP by your partner.

 

Most solicitors will swear this for a small fee of around £5-£10

[sapper_72]

Tom,

 

Thanks again for your quick response, I wasnt aware of that form or the fact it could be done, Will this stop enforcement from hmrc. I read somewhere that once a ccj had been issued they coulndt distrain?

 

Just to be clear on the house situation, there is no equity in the property currently 250k value, 240k mortgage, 10k secured loan, 10k ccj with unilateral notice (final chraging order hearing in april )

 

Thanks again for the advice

 

david

[sapper_72]

tom,

 

I have downloaded the n245,an will submit monday, I forgot to ask, in you opinion do you think tha will stop hmrc goin for bankrupcy on the remaining 10k?

 

thanks

 

 

david

[tomtubby]

I would not in any way want to be seen to raise your hopes, but from cases that we see, if HMRC are serious in wanting to bankrupt you they will instead issue a Statutory Demand which you have just 18 days to set aside, failing which, they can apply for a bankruptcy hearing date on the 21st day.

 

I would also not want to be seen as supporting HMRC but what I can say( again from cases that we see) is that if HMRC realise that they will not receive anyhting from manking you bankrupt ans there are little or no assets, then they use instead the CCJ Route. This is much preffered to the debtor as you may simply apply on a N245 to vary the court order( there is a fee to pay).

 

You see see on the N245 that you have to provide a breakdown of your household expenses and income to arrive at an affordable rate of repayments. If your SURPLUS is £200 per month then DO NOT offer £100 !!.

 

Also if it is clear that there is no surplus, then you cannot offer £100 either.

 

If you have queries on what would seem right then let me know. From experience, with a debt this size I would suggest that a figure of around £100 per month should be accepted. Just remember, if it is rejected by HMRC, it is returned to the Judge for him to make a decision.

[tomtubby]

Here is a Statutory Declaration. Always remeber that if a bailiff "believes" that goods are owned by you...he can take them.

 

The "onus of proof" is on YOU and Not the bailiff to prove ownership.

 

Statutory Declaration For Goods Belonging to Someone Else

 

Bailiffs cannot seize goods belonging to someone else, but they are allowed to assume that anything in a property is yours, unless they are provided with proof such as receipts.

 

Failing this documentary proof. the third party can make a statutory declaration that certain named items belong to him and may not be seized.

 

This 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. The bailiffs should then release these items from the levy.

—

STATUTORY DECLARATION

 

 

 

 

To:

(the bailiffs) (their address)

 

 

 

 

 

I

(your name)

 

 

 

of

(your address)

 

 

Do solemnly and sincerely declare that:

 

 

 

the items listed

(list them)

are not the property of

(your friends name)

and

(reason why they were there)

and have always been my sole property

 

 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

 

 

Signature:

 

 

 

 

Declared at

 

 

 

On the day of two thousand and

 

 

 

Before me

 

 

 

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

 

[Michael Browne]

As a stop-gap, you could also send this letter immediately, (but not instead of the SD):

 

ADDRESS OF LEVY/INTENDED LEVY

ADDRESS LINE 2

ADDRESS LINE 3

POSTCODE

 

 

 

 

NAME OF BAILIFF OR AUTHORITY

ADDRESS LINE 1

ADDRESS LINE 2

ADDRESS LINE 3

POSTCODE

 

 

DATE

 

 

Dear Sir/Madam

 

 

Re: [YOUR NAME]: Notice of Ownership

 

I write on the understanding you or your firm of bailiffs has seized, or is intending to seize chattels, vehicles, goods, or property belonging to me at the above-mentioned address in respect of an alleged debt belonging to somebody else.

 

 

I confirm that I am the lawful owner of the aforesaid and there is no entitlement enabling you to change ownership, possession, location, use and enjoyment of my property by way of a levy or a walking possession agreement.

 

 

This document is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility this letter is handed to the relevant person within your organisation.

 

 

Any attempt to subvert or rebuke this notice will result in an invalid levy and I will automatically file at court a Form 4 complaint with an application for costs against the certificated bailiff without contacting you further in this matter.

 

Yours Sincerely