Helping a friend - First notice for CT arrears -Dorset

[feefofum]

Hi All,

 

I've been reading the advice on here and thanks so much, I've already learnt heaps. However I would like advise on this specific problem please.

 

My flatmate has just asked for help regarding a First Notice which was hand delivered to our flat on the 19th March.

 

The notice is from Ross and Roberts and is regards to a CT debt he owed at his previous residence. The notice says that the bailiffs visited in respect of the above debt and unless he contacts the bailiff immediately he will return to with a view to levy distress.

 

The oustanding costs are then stated as: Todays visit fee £14.50. Total outstanding £464.00. The letter then goes onto speak about further statutory costs under the CTA regs 1992 and states the charges for second visit fee etc etc.

 

From this site I know not to let the bailiffs in, and to ask to see their county court enforcement. However I'm not sure whether the debt should be paid to the bailiffs or Christchurch council however? My flatmate can pay £50 per month so I thought about sending the following 2 letters to the bailiffs. The first authorises me to deal with the account on his behalf, the second gives a payment schedule to the bailiffs:

 

Am I on the right track? Anything esle I should be doing? How can we stop the second bailiff visit and further charges please (is that covered adequately in my letter?)

 

Also, does this mean my flatmate now has a CCJ against him for this debt?

 

 

Many thanks in advance to your answers and support.

Edited March 30, 2010 by feefofum

[feefofum]

PS I forgot to add.

 

If the above two letters are good to send, I intend to get my flatmate to sign them then send by registered post this evening.

 

Is it OK to send both letters in one envelope (thus he only pays the cost of registered post once)?

 

Thanks

[feefofum]

Thanks to the pm suggesting my friend emails instead, however they require a signature for authorising me to deal with it, and we don't have access to a scanner. Thanks anyhow.

 

Can anyone confirm that this now means my friend has a CCJ against him?

 

Thanks

Edited March 22, 2010 by feefofum

[Thegreenpimpernel]

Your letters can't do any harm, and definitely show you are not evading the debt. But remember that bailiffs have a Phd in ignorance & deceit.

 

They may well ignore you, and will probably continue to seek a levy, so stick to the standard plan.

 

Do not open the door to them.

 

Do not make anything available to levy on outside (cars, bikes garden equipment, furniture....)

 

Make what payments you can (as per your plan) and always get a receipt.

[seanamarts]

did your flat mate know that they owed CT at their old address, and did they receive any letters from the council stating this, if not it may be in your best interest to contact the council stating that your friend was unaware of any outstanding debt with them until a bailiff turned up with a LO. They may well take back the debt under these circumstances and your friend may not be charged extra fees, ie bailiff fees and court costs, thus reducing the amount that your friend has to pay.

[Barbarawoo]

Misread message)

[Thegreenpimpernel]

It's not a CCJ.

 

Its a liability order and doesn't appear on your credit record.

[RaeUK]

Hi feefofum,

Is there any particular reason why your friend requires you to act on their behalf? Just curious...

Best wishes.

Rae.

[fluffy_bunny]

Thanks to the pm suggesting my friend emails instead, however they require a signature for authorising me to deal with it, and we don't have access to a scanner. Thanks anyhow.

 

Can anyone confirm that this now means my friend has a CCJ against him?

 

Thanks

 

They should accept verbal authorisation over the phone if your friend feels up to calling them.

[feefofum]

Thanks all. I sent the letters today so we'll see. I fully expect them to send the cheque back to me and say they only accept cash on a day without a 'Y' in it... or something equally unhelpful.

 

Thanks for clearing up the difference between CCJ and liability order.

 

Greenpimpernal: If I send cheques through the post,.. is the cashing of the cheque sufficient as a receipt?

 

Kelcou: My friend is a guy who sticks his head in the sand. If I didn't help him with this he'd end up in more trouble as he's scared to face it.

 

Seanamarts: He knows he owes this money (from a previous address) but he thought he could hide from it (Why ppl do that is beyond me). I could try and get the council to take it back (he had no letters from them, they were probably sent to his old address and the new tenants didn't return/forward them). However I'm only willing to help him so far. From my point of view he knew he owed the money, he tried to hide from it, and now he has to pay more. .. Lesson learnt hopefully!

 

Fluffybunny: He's angry that he owes more (bailiff fee's etc - original debt was £250-ish ish) and doesn't trust himself to remain calm on the phone/or even face to face with such leeches. He's not the most eloquent with language and cracks under pressure (he's a great guy other than being financially stoopid!)

 

I've had a stern word with him and he knows its his responsibility. To get his head out of the sand he will pay me monthly and I'll pass that onto the bailiffs.. (I am MUCH scarier than a bailiff if he doesn't pay me).

 

So I'll let you guys know whether my letters were successful as soon as I hear.

 

BW

[feefofum]

Someone mentioned a letter/notice that stated the person who the bailiffs were looking for did not own any property, but now I can't find the link. Can anyone point me in the right direction pls?

 

My friend owns pretty much nothing in our flat, anything valuable is mine/fother flatmates/landlords. .. Would be useful to have a copy of this notice - is it legally binding?

[fluffy_bunny]

it's called a stat dec - try searching that term

[seanamarts]

it's called a stat dec - try searching that term

 

Oh miss bunny your so bloody helpful

 

This may help you, some one can tidy it up if need be or link to what is to be needed.

 

I: [name]

 

 

Of: [address]

 

 

 

DO SOLEMNLY AND SINCERELY DECLARE THAT:

 

 

The items listed below are items that do not belong to me;

 

(list items)

 

 

 

 

 

 

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

 

DECLARED AT:

 

 

SIGNED:

 

 

DATE:

 

 

Before me:

 

 

Solicitor/Commissioner for Oath.

You can thank TT for this I just hope I got it correct

Edited March 23, 2010 by seanamarts
thanking TT & made a boo boo

[RaeUK]

Hi feefofum, I was just fishing - as usual - to see if there was anything in his personal circumstances that may have been usefull...

Best wishes

Rae.

[feefofum]

Thanks for that 'stat dec' example. .. If he were to post one of those on the door it would be a long long list of things he does not own.

 

Instead of "The items listed below are items that do not belong to me;" can he state "no item on these premises belong to me"?

 

thanks again.

[seanamarts]

Yes I presume so as long as he gets it sworn

[feefofum]

"Getting it sworn" Does this mean paying a solicitor? He's unlikely to spend money doing that, he'd prefer to pay off his debt.

 

Is the notice not valid otherwise?

 

Cheers

[fluffy_bunny]

I sure it's only £5 to get it sworn by a solicitor

 

No not valid otherwise

[impecunious]

I believe that Stat Decs can be done for free at County Court.

 

Impecunious!

[fluffy_bunny]

Isn't that a different kind of stat dec as in 'i knew nothing of this debt before a visit' one?

[ploddertom]

I believe that Stat Decs can be done for free at County Court.

 

Impecunious!

 

That's what I thought until I investigated further - they can be done but only for matters appertaining to the County Court. At least that is what the Notice in my local County Court says.

 

PT

[seanamarts]

"Getting it sworn" Does this mean paying a solicitor? He's unlikely to spend money doing that, he'd prefer to pay off his debt.

 

Is the notice not valid otherwise?

 

Cheers

paying a fiver to a solicitor will be a darn site better than losing a whole lot more to a bailiff, its his move of course.

[feefofum]

Ah thanks, didn't realise it would cost so little for a stat dec..

 

Meanwhile Ross and Roberts have instantly returned my cheque and said "they cannot enter into any payment arrangement until an appoitnemtn has been made with the bailiff who needs to assess circumstances and financial situation and complete the appropriate paperwork, and that we must contct the bailiff within 3 days otherwise further costs will be incurred".

 

Am I right in thinking thats a load of b*ll*x?

 

If we/I do contact the bailiff then will he be charged further? Plus the cheque for £50 is from my account (the arrangement between my friend and I for him to pay me back has nothing to do with them surely) so what's the deal with them assessing HIS finances? As far as they're aware, I might be paying that debt off for him and they have no deal coming near MY finances...

 

So then,.. I'd really like advice rather than opinions, .. whats my next move?

 

I'm thinking of contacting Christchurch council to now ask them to take the debt back. Are there any templates for such letters please? In the meantime, how do I address the bailiff problem? (as in do I contact them and let them know our intentions, or just ignore them - though given they're threatening further charges if not cnotacted by end of today)

 

Thanks in advance

[seanamarts]

Your right its a load of rollox..

Contact the council and state that R&R have rejected a payment from you and they are demanding that they come see you, this is of course to bump up their charges. There is no reason why they could not of taken the cheque and to start a payment plan, I would state to the council that you wish to now set up a payment plan with them.

[hallowitch]

The oustanding costs are then stated as: Todays visit fee £14.50. Total outstanding £464.00.

He's angry that he owes more (bailiff fee's etc - original debt was £250-ish ish)

he needs to get in touch with the council to find out the exact amount of the liability order then add £42.50 for bailiff fees

My friend owns pretty much nothing in our flat, anything valuable is mine/further flatmates/landlords. .. Would be useful to have a copy of this notice - is it legally binding?

does the tenancy agreement list the landlords goods that are in the property

 

if you get a stat dec done and sent to the bailiffs along with a copy of the tenancy agreement (if it has a list of goods ) your mate would then have nothing of value to levy distress against therefore the bailiff would have to send the debt back to the council Nulla Bonna or accept a payment plan as there is not much else the bailiff can do and no more fees can be added to this account