Warrant of Execution issued to my lodger

[lightattheend]

Hi all. My lodger has received a Notice of Issue of Warrant of Execution (longstanding CCJ for a civil debt that he was paying by instalments but could no longer afford). The Court knows he can't afford the instalments, has no possessions, and has no job to do an attachment of earnings, but still issued the Warrant. Nothing in or on the property belongs to my lodger, everything is mine. I certainly won't let the Bailiff into the property but I can't keep him out of the garden, 1. because there's no gate, 2. because another lodger uses the back garden to get into his flat at the back of the property. If the Bailiff comes, can he/she take stuff out of my garden without taking any steps to find out who it actually belongs to? If they come when I'm here, how do I prove that everything is mine? The debt and Warrant have absolutely nothing to do with me.

[kermit2482]

I can pretty much guarantee they wont be taking anything out of your garden, i certainly would not anyway and theres not a bailiff in my company who would neither, chill out and stop worrying its not your problem!!

[lightattheend]

"I can pretty much guarantee they wont be taking anything out of your garden, i certainly would not anyway and theres not a bailiff in my company who would neither, chill out and stop worrying its not your problem!!"

 

Thanks for response, Kermit, but there is stuff in my garden which would definitely be worth lifting. Why do you think a bailiff wouldn't take it? And if he turns up while I'm out, he won't know that the stuff belongs to me and not to the debtor.

[kermit2482]

"I can pretty much guarantee they wont be taking anything out of your garden, i certainly would not anyway and theres not a bailiff in my company who would neither, chill out and stop worrying its not your problem!!"

 

Thanks for response, Kermit, but there is stuff in my garden which would definitely be worth lifting. Why do you think a bailiff wouldn't take it? And if he turns up while I'm out, he won't know that the stuff belongs to me and not to the debtor.

 

To be perfectly honest most garden stuff would usually be rather much larger than the vans we use, i also know from experience that most bailiffs will not remove household especially garden furniture, also Bailifffs cant just remove stuff willy nilly, they at least have to have reasonable belief that the items belong to the charge payer, debtor. Like i say i think you can rest easy.

[WWOW]

You need to inform police and get a reference number. If anything is nicked from your garden then you have a suspect and a motive.

 

The general advice is serving the bailiff an affidavit - a statement sworn before a Commissioner of Oaths (£5-10 fee applies). Make four copies, send one to the bailiff by post, one to the local police, one for your own records and one to hand to the bailiff through a window if he turns up.

 

Never use recorded delivery when serving documents by post - it gives the bailiff an opportunity to decline receipt. PO Box addresses are fine.

 

 

 

 

DECLARATION OF OWNERSHIP

 

 

 

I [NAME] of [ADDRESS AND POSTCODE] make this statement knowing that it may be presented to a Court and believing the contents to be true.

 

1. I am the legal tenant of the above-mentioned property and own all its contents and I declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of my property or deprive me of it 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 not consider my property and chattels to be prima facie to be the property of, or belonging to somebody else.

 

3. I believe that the facts given in this statement are true.

 

4. This statement will be served on a firm of bailiffs known as [NAME] of [ADDRESS] by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978.

 

 

[NAME] _______________________

 

Date__________________________

 

Sworn before me:

 

______________________________

An officer of the Court.

 

 

Cover letter serving affidavit on the bailiff:

 

Name of Bailiffs

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

BY POST AND BY HAND

 

Dear Sir/Madam

 

Re: [YOUR NAME]: Notice of ownership of property

 

Please find the enclosed affidavit for your information.

 

I understand you or your firm of bailiffs has seized, or is intending to seize my [CHATTELS/VEHICLE] or other property belonging to me at the above-mentioned address as collateral for an apparent debt belonging to somebody else.

 

Please be advised that any attempt to subvert this notice will automatically result in a Form 4 being filed at the bailiffs certificating court without contacting you further. Both you as a firm and your bailiff may be criminally liable for offences under Section 2 and 4 of the Fraud Act 2006 and any criminal aspect of this matter will be passed to the police.

 

This document is delivered by Royal Mail and served on you by the ordinary course of post under Section 7 of the Interpretation Act 1978 and it is now your responsibility and in your own interests this document is handed to the relevant person within your organisation. I regret I am unable to discuss this matter by telephone or in person.

 

Yours very truly

 

[YOUR NAME]

cc [NAME OF FORCE] Police

 

 

And send a copy to your local police authority.

 

Name of Police Authority

TO WHOM IT MAY CONCERN

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: Bailiffs and Sections 2 and 4 of the Fraud Act 2006

 

I enclose a copy of an affidavit I have sent to a firm of bailiffs known as [NAME OF BAILIFFS] of [ADDRESS OF BAILIFFS] by even post who threaten to obtain my goods as a lien for somebody else's debt. I understand this commits a criminal offence under Sections 2 and 4 of the Fraud Act 2006.

 

For the purpose of crime prevention, please assign a reference number to enable CAD to be aware of the circumstances should an emergency arise and proper investigation of criminal activity.

 

Yours Sincerely

 

[YOUR NAME]

Enc: copy of affidavit.

 

 

 

If you need to file an official complaint against the bailiff, complete a Form 4 and attach a copy of the above affidavit and send to the bailiffs certificating court. Ask for your costs and affidavit fee.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

[lightattheend]

Thanks again for response, Kermit. I appreciate what you say about furniture being too big, but these items aren't furniture and they're reasonably small, though heavy. Anyway, I'm reassured that they would make sure who any property belongs to before taking it.

 

Woww, thanks you your response too. I don't know who the Bailiff will be from. My lodger showed me the Warrant of Execution; it refers to the bailiffs office and I get the impression from it that the bailiffs are based in the Courthouse. Maybe they work for the Court. What I can't understand is why the Court are sending bailiffs when my lodger submitted his finances form and the Court have acknowledged that he has no money or belongings, only loads of debt. Doesn't make a bit of sense to me. I expect a bailiff fee will also be added to what he already owes. Crackers, isn't it? What is the point?

[WWOW]

If the debtor has no assets to the value of the debt then the case is returned to the creditor Nulla Bona. It'll probably come to nothing.

[tomtubby]

Your lodger has a County Court Judgment (CCJ) and this debt is being enforced by a County Court bailiff. This is VERY different from the typ of bailiffs enforcing unpaid parking tickets and council tax.

 

 

You have very little to worry about as they are most reasonable. The court have a duty to provide a Warrant of Execution if the creditorhas requested it.

 

I would suggest that he calls the County Court and asks for the bailiff office....normally before 9am and discusses the matter with him. He is representing the creditor so he will need to provide some sort of report back to them to confirm that the debt is not able to be collected.

 

A bailiff from the County Court is the ONLY one that you can safely allow into your home. In addition, he will not be charging any fees.

 

Try not to worry......

[lightattheend]

I hope you're right, Wwow.

[lightattheend]

Thanks for that clarification, Tomtubby. I'll tell him to contact the Court then. Maybe that'll be the end of all this. I hope so for his sake, as he's had a nightmare of a time over the last 10 years or so and this mess was all the result of some really bad luck - redundancies one after the other - you know the theme.

[kermit2482]

Either way lightattheend YOU HAVE NOTHING to worry about ultimately

[lightattheend]

Thanks Kermit. My mind's at rest now re my own possessions. But I really sympathise with my lodger who I've known for years. He became my lodger after his house was repossessed and I know he's genuinely horrified at his situation and powerless to do anything. I also know that the Courts can be totally useless, District Judges all too cosy with Claimants and their barristers. I better stop ranting now before I get myself wound up. Thanks to all for your responses.