Rossendales needs a statutory declaration please help me

[trigger21]

Hi does anyone know how to write or where to find a template for a statutory declaration regarding items in your home

 

as i have had two acoounts outstanding with an ex these have both been passed to rossendales when they first came out i did not know my rights and let them in and signed and paid fees i sent a monthly payment request form and a break down of my earnings but they refused this i requested to pay 10 pounds a month as have low income and a young child with my new partner i made a payment to each account to show i wanted to settle these debts this has now been passed to a baliff with a van i have managed to pay off one account of 232.50 but still have fees from this new baliff to pay and owe 160 pluss fees on other account i have also now been made unemployed and have no contatc with my ex to sort this matter with her i was told by a friend thta i could write up a statutory declaration for my new partner as the itmes the baliff has listed are solely owned by her does anyone know what this means what to do with it or where i could find a template for this really stuck and would appreciate any help/advice you can give please help asap as only got till end of week

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/248536-bailiffs-threatning-use-locksmiths.html

 

 

 

you will find a stat dec in the link i have posted

 

its always a good idea when dealing with bailiffs to get a statement of accounts and post here so we can check there charges

 

when dealing with more than 1 liability order you should check with the council when they were passed to the bailiffs and the amount of each

 

If they have levied goods post the goods levied as there is an exempt list of goods that cant be levied

goods on HP cant be levied

[trigger21]

Hi thanks for your help in the declaration form it says all items in the house do they include clothes ect would i have to remove these ???

[hallowitch]

you don't have to include your clothes on the stat dec

to make it easier for you i have posted the list of exempt goods

 

 

 

List A

 

1) The following articles belonging to a debtor shall be exempt from distress at the instance of a creditor in respect of a debt due to him by the debtor-

a) clothing reasonably required for the use of the debtor or any member of the debtor's household;

b) implements, tools of trade, books or other equipment including a car or van reasonably required for the use of the debtor or any member of the debtor's household in the practice of the debtor's or such member's profession, trade or business, not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;

c) medical aids or medical equipment reasonably required for the use of the debtor or any member of his household;

d) books or other articles including a computer reasonably required for the education or training of the debtor or any member of the debtor's household not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;

e) toys for the use of any child who is a member of the debtor's household;

f) articles reasonably required for the care or upbringing of a child who is a member of the debtor's household.

 

2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

We consider that under 1(b) and 1(d) the preferable aggregate value might be £1500.

 

List B

 

Such tools, books, vehicles and other items of equipment as are necessary for use personally by the tenant in their employment, business or vocation and such clothing, bedding, furniture, household equipment and provisions are as necessary for satisfying the basic domestic needs of the debtor and his family

[trigger21]

hi thanks for your help will tip your scales when done does this mean i need to list all the items in the house on a seperate sheet along with this form and take them both to county court ???

[trigger21]

also our house is private rented and some of the furntiure was in the house also my name is on the lease but everything eles is owned by my new partner ??

[trigger21]

also i would like to send a letter saying i would like to still pay this debt in installments monthly including all costs and i would like a break down of these costs do you know where i could get a template for this ??

[hallowitch]

also our house is private rented and some of the furniture was in the house also my name is on the lease but everything eles is owned by my new partner ??

 

 

I wouldn't bother listing any goods as the stat dec says all goods within the property and its boundaries

 

the only exception to this would be if your tenancy agreement names the goods belonging to the landlord

 

if it does i would amend it to say except xxx xxxxx xxxx that belong to my landlord

 

and include a copy of your tenancy agreement with the goods listed when you send your stat dec

 

 

 

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/247649-philips-bailiffs-court-fines.html

 

 

have a read of this link the op went to the court to get it signed and had a problem she then went to a solicitor

 

you don't have to pay the bailiffs if they don't have a levy in your case the only thing they could have levied is a vehicle (they have never been in your house)

 

you can pay the council on-line if you have your council tax reference number

 

write a simple letter to the bailiffs asking for a breakdown of charges and payments for all accounts

if you want to pay the bailiff include a payment offer of xxxx per month by standing order

send by recorded delivery

[trigger21]

they have been in to the property that i rent when they first got me to sign something dont know what it was but i had to pay charges when they came will have to look through it i have got an appointment tmz with a solicitor to get it signed was cheaper then magistrates court what is a levy ???

[trigger21]

Once they have recieved this will they stop the baliff or will he still come to the house and can he enter the property if no one is in ?? as this is a different baliff that called the first time but still works for rossendales

[hallowitch]

they have been in to the property that i rent when they first got me to sign something don't know what it was but i had to pay charges when they came will have to look through it i have got an appointment tmz with a solicitor to get it signed was cheaper then magistrates court what is a levy ???

 

 

Have a look at what you signed it will be a Notice of seizure of goods and inventory the inventory (goods listed on the notice) are the goods levied against if you don't pay these are the goods that are removed and sold

 

the bailiff was there to collect 2 debt can you check your paperwork there should be only 1 notice of seizure

 

a bailiff cant charge multiple fees when collecting more than 1 debt

[trigger21]

should i also send a copy of the sd to the council and can theses be photo copies or do i need to get more than one sd signed i really appreciate all your help

[trigger21]

yeah there was one set of fees and also what is a levy there was a list of goods that would be removed and sold so i guess that means they were levied against these goods all belong to my new partner and is not the named debtor can the baliff enter the property if it is rented and not mine my name is on the lease though ?? but i have had more fees added from the baliff with the removal van also if i have paid off an account b4 they arrived as i managed to stall them do i have to still pay there fees for that account ??

[hallowitch]

get 1 Notarised Statutory Declaration, and 2 certified copies

 

everything you send the bailiffs send to the council

 

add a cover note to the council

 

I have today sent a letter to xxxx bailiffs who have been instructed by yourself to collect council tax for the above accounts

I expect the mater's raised within this letter to be resolved amicably with xxxxxx bailiffs

 

However if this is is not the case i will escalate my complaint to yourselves

For your convenience i have included a copy of the letter, statutory declaration ,tenancy agreement,notice of seizure of goods and inventory(and any other letter you have sent to them ) these should also be placed in my file for future reference

 

Please provide me by return post a Copy of your complaint procedure

 

with thanks

Edited February 23, 2010 by hallowitch

[hallowitch]

Hi does anyone know how to write or where to find a template for a statutory declaration regarding items in your home

 

as i have had two accounts outstanding with an ex these have both been passed to rossendales when they first came out i did not know my rights and let them in and signed and paid fees

you signed a notice of seizure of goods and inventory

what fees did you pay fees on 1 account of both

 

 

i sent a monthly payment request form and a break down of my earnings but they refused this i requested to pay 10 pounds a month as have low income and a young child with my new partner i made a payment to each account to show i wanted to settle these debts this has now been passed to a bailiff with a van

do you have it in writing that they refused a payment plan

what did the bailiff say about payments when he was in your home

 

i have managed to pay off one account of 232.50 but still have fees from this new bailiff to pay and owe 160 plus fees on other account

 

this does not make sense can you explain what you have paid what fees have been charged and on what account

 

 

i have also now been made unemployed and have no contact with my ex to sort this matter with her i was told by a friend that i could write up a statutory declaration for my new partner as the items the bailiff has listed are solely owned by her does anyone know what this means

 

If the goods levied don't belong to the debtor the owner of the goods fill out a stat dec and sends it to the bailiffs all charges connected with this levy should be removed and replaced with a first visit fee £24.50

 

what to do with it or where i could find a template for this really stuck and would appreciate any help/advice you can give please help asap as only got till end of week

 

you need to get in touch with the council to find out the amount of the liability orders and the date they were sent

you need to find out from the bailiffs what fees have been charged on each account what they were for and the date of each fee

[trigger21]

okay i will get in touch with both parties today and have put it in writing for a breakdown of both accounts to be sent to me by rossendales

 

When getting the sd signed should it be signed by me or my partner as is says all items are owned by her but not sure weather i sign it as it is my debt or wethter she has to sign it??

 

Also how do i tip your scales

[trigger21]

i had an account of 232.50 this got passed to a baliff with a van the other account was for 160.00 he then said fees had to be added which brought the total amount to 270 and 234.00 but did not say what these were for presuming call out fees???

[hallowitch]

When getting the sd signed should it be signed by me or my partner as is says all items are owned by her but not sure weather i sign it as it is my debt or wethter she has to sign it??

 

 

your partner signs it

[trigger21]

hi i have got it signed sent a certified copy and covering letter requesting a breakdown of charges n that i will pay off the accounts in two payments so will have to wait and see what they sa now once they get the sd what will happen will the baliff still come to my home can they gain entry i will ring rossendales later today to see if they have recieved it as sent registered post ?will they issue an arrest warrant or will they accept the payments ???

They are pesky little blitters these baliffs

[ploddertom]

hi i have got it signed sent a certified copy and covering letter requesting a breakdown of charges n that i will pay off the accounts in two payments so will have to wait and see what they sa now once they get the sd what will happen will the baliff still come to my home can they gain entry i will ring rossendales later today to see if they have recieved it as sent registered post ?will they issue an arrest warrant or will they accept the payments ???

They are pesky little blitters these baliffs

 

1. Don't ring them unless you can record he call.

2. If you've sent it Signed For or Special Delivery wait until after 2pm today and check online via Royal Mail Track & Trace.

3. Still refuse them entry.

4. They are parasites.

 

PT

[hallowitch]

bailiffs collecting council tax cant issue an arrest warrant

 

only the council can do this if you refuse to pay so there is no chance of this happening to you

 

you have now provided proof that the goods on the Notice of seizure of goods and inventory do not belong to you (only the debtors goods can be levied) all charges connected with this should be removed and replaced with a 1st or 2nd visit fee

 

the most you should have to pay in bailiff fees is £42.50 this should cover both accounts held by the bailiff as they cant charge multiple fees for collecting more than 1 account

Detailed Assessment Judgement of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations

 

The bailiffs will make a big thing about you signing the notice of seizure

 

however the fact that you had no choice to sign because the bailiff threatened to immediately remove the goods if you did not sign comes into play here

]MRS AMBROSE v NOTTINHGAM CITY COUNCIL

Nottingham City Council had argued that there could not be any irregularity as Mrs Ambrose had signed the Walking Possession. This was rejected by Judge Cooper who agreed that Mrs Ambrose was faced with the prospect of having her goods removed unless she signed the Walking Possession

 

I doubt very much if the bailiff will come back as it wont be financially beneficial to him but be on your guard anyway

don't stop making payments while you sort this out if the bailiffs refuse to accept you payment agreement get in touch with your council

[trigger21]

I have just checked my accounts on line and it says that one debt was as follows

debt 244.00

fees 70.00 which was paid when i signed possesion order even though i informed baliff the items were not mine

Paid 314.03

 

Next account

debt 185.59

Fees 164.00

Paid 80.00 70 of this was when i signed possesion order even though i explained i did not own these items

Balance 269.59

 

how can the fees on the smaller debt end up being more than the larger one ??

bloody parasites i have read the thread regarding charges and will send that letter if i get no joy from the one i have sent also will they get an arest warrant while responding to these letters ??

[hallowitch]

your fees are defiantly wrong even if the wpo was lawful

you need the dates of the charges for both accounts and reason for the charges

 

 

also will they get an arrest warrant while responding to these letters ??

No you really must get this out of your head you will not be arrested there will be no arrest warrant issued for you

you can only be arrested for council tax debt if you wilfully refuse to pay you have not refused to pay

[trigger21]

excellent cheers the baliff rang me tonight i explained i was not going to pay untill i had seen a letter explaining all the charges he then started to explain them over the phone i have still told him i would like a written copy also ther has been a levy on the same goods for each account he says this is legal and allowed as the levy can be added to each account ???? as one account has been cleared the levy has then been added to the other account but i cleared this after the first visit and the charges had already been applied then i have also been charged 110 by the baliff with the van but he has not yet called at my house he has only posted a letter through my door ??

i think they are just trying to rip me off as soon as i get the breakdown of charges i will go to citizens advice i will also send the letter you have put on the charges thread as that seems more official than the one i have sent

[ploddertom]

Stick to your guns for a statement of your account, if it comes without any dates/times on it then write back again and demand them.

 

PT