can rossendales refuse a statutory declaration

[trigger21]

hi my new partner sent rossendales a stat dec to say all items in this property was hers and not mine this is the reply i got was wondering can they do this

 

dear sir /madam

 

further to your correspondence i am in forming you that due to the nature of some of the goods levied distess on them we are unable to accept your stat dec we require a full inventory of goods owned by miss L ****

in the meantime please contatc your van baliff to arrange immdiate payment ??

 

 

can they refuse a stat dec why ask for an inventory as the stat dec a legal document states all items are miss grey's

 

 

please help dont know what should be next step ???

[hallowitch]

next step is a Formal complaint to the chief executive of your council

[trigger21]

ok but do they have to ignore the stat dec or does that still stand ????

and why ask for a inventory ???

[hallowitch]

ok but do they have to ignore the stat dec or does that still stand ????

and why ask for a inventory ???

 

 

In my opinion there at it a stat dec is a legally binding document its not up to them where they agree with it or not

 

would they go to court and stand up in front of a judge and say this I think not

[trigger21]

and thats exactly what i have put in a letter was just hoping someone else would have same thought i mean why have something thats not legal but then not accept the document signed under oath ???

 

also i requested a ring back from a manager at 10 am and still waiting ?????? me thinks they know there wrong

[High Court Enforcer]

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.

[2ltr16valve]

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.

 

 

yet again.... ur advise is pay the bailiff...... !

[hallowitch]

Quite why Hallowitch thinks a formal complaint is the next step is beyond me.

 

because the bailiff company are employed by the council

and if the bailiff does remove the goods then the council are also responsible for the loss of the owners property

[RaeUK]

As HW says, the buck stops with the councils CEO. Make sure you clearly mark your letter FORMAL COMPLAINT.

Best wishes.

Rae.

 

NB: Wasn't there another thread about this??? [always best to keep it all together so we can get a full picture...]

[High Court Enforcer]

OK, is there a reason that the bailiff company would have reason to doubt the Stat Dec?

 

It sounds sexist but are some of the goods she is claiming usually owned by men? EG: Builders tools etc

[ploddertom]

OK, is there a reason that the bailiff company would have reason to doubt the Stat Dec?

 

It sounds sexist but are some of the goods she is claiming usually owned by men? EG: Builders tools etc

 

Does this mean that women can't claim for Mr Muscle products!

 

PT

[trigger21]

no they items were a telly

her mini hifi

a turquoise nintendo ds not exactly a colour i would pick ??

a pakard bell pc (hers)

ps2 she bought from neighbour and paid cash

[RaeUK]

OK, is there a reason that the bailiff company would have reason to doubt the Stat Dec?

 

It sounds sexist but are some of the goods she is claiming usually owned by men? EG: Builders tools etc

 

It sure does! I know female builders, plumbers and mechanics. No offence to you personally, HCE, but if that's how the average bailiff thinks than they really are stuck in the dark ages...

Rae.

 

NB: I wouldn't personally consider any of the above. I appreciate my manicure too much and don't have the time inbetween cooking, cleaning, embroidery etc

[Barbarawoo]

wow amazing, my step daughter is a car mechanic must tell her she can't be now as it's againts the rules to own tools...sorry should have said QUALIFIED CAR MECHANIC .

 

[High Court Enforcer]

It sure does! I know female builders, plumbers and mechanics. No offence to you personally, HCE, but if that's how the average bailiff thinks than they really are stuck in the dark ages...

Rae.

 

Kelcou, dont be silly now, you know what I'm getting at. I'm trying to understand why the bailiff company refuses to accept the Stat Dec.

 

If it is on the goods that the OP details then they havent really got a leg to stand on.

[trigger21]

yeah spoke to the baliff company am waiting for a letter that says they will no accept it as they made an error in the department that deals with this (or thats there excuse)

[spamheed]

My understanding is that in a case of a joint tenancy or where there is a counter claim to property the bailiff has attempted to levy against then a bailiff can assume that the property is owned by the person named on the order unless shop receipts are provided to prove the ownership.

 

However a stat dec is a legal document recognised by the courts and sworn in the presence of a court officer, this would supercede any mere assumption made by any unqualified or semi skilled bailiff even a superstar boss bailiff. It is not their place to suggest that the legal document is a fabrication, only to act within the law....... Doh!!

 

High School Musical likes to make people think he knows what he's talking about even when he doesn't, That's why he's suggesting that you enter into a repayment plan when the bailiffs are clearly in the wrong.

 

As advised, make a complaint to the CE of the council

[High Court Enforcer]

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.

Edited March 3, 2010 by High Court Enforcer

[Dodgy Geezer]

.

 

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..

 

Hows this for a Stat Dec.

 

I SWEAR the bailiffs and HCEOs will NEVER get another penny out of me.:D:D

[RaeUK]

Kelcou, dont be silly now...

 

Well, you started it HCE

Best wishes

Rae

[High Court Enforcer]

Hows this for a Stat Dec.

 

I SWEAR the bailiffs and HCEOs will NEVER get another penny out of me.:D:D

 

It's good to see you're paying your debts these days Dodgy Geezer.

 

Bravo to you :D:D:D

[High Court Enforcer]

Well, you started it HCE

Best wishes

Rae

 

You invaded Poland... sorry the Post....

[RaeUK]

Lol, I did indeed and will now retreat as I have nothing substantial to help the original poster.

Best wishes

Rae.

[merlin100]

yet again.... ur advise is pay the bailiff...... !

 

Oh, you noticed too eh?..............

[trigger21]

high court enforcer my argument is not about paying i accept that i need to clear this its just when they say they are going to takem my g/f stuff and i wanted to make sure the charges were correc ti will post all details on here up to date so those people that are truely helpful will know what is going on