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Rossendales bailiff with LO from CSA - Statutory Declaration needed for OH's stuff?

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I just spoke to Rossendales regarding a debt that they are trying to enforce,

 

I have offered them financial evidence advising I have no income,

I have told them what I do get for childcare and that I live in my partners home and that property here is hers and hers alone apart from clothes,

 

she suffered a miscarriage last year and is pregnant again and she is very vulnerable,

but despite this they are still sending the bailiffs,

 

Where can I get a statutory declaration and how do I get it signed.

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Visit a local solicitors office and swear an SD, which they will witness. Whether Rossendales take any notice is another matter.

 

I think you need to contact whoever the debt is owed to, to point out your circumstances and make them aware that they would be held responsible for the conduct of Rossendales. You could also contact the local Police and ask for protection from Harassment, given the situation.


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I've just phoned a solicitor and they have stated that they wont do a statutory declaration unless they know the person involved

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tell us about the debt please

 

dx


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I have been ill for the last 5 years

 

I have an old csa debt which I managed to whittle down to £1700 from £3000,

during the last 5 years I have been nil assessed and as I did not have a working income,

 

I moved into my partners address and started a University course in a bid to better my career options, the csa were aware of this.

 

Unforunately because I did not have any dealings with the csa I neglected to tell them I had moved(I am an Idiot)

 

hey obtained a liability order against me despite knowing I was still at University and had no income,

 

I got a phone call from the csa last week and I told them I have no income and I don't finish university till 2014,

my partner has quite rightly refused to pay the debt and now all her possessions are at risk because I am living here.

 

I have since the told bailiffs I receive a student loan in January and I may be able to offer then a payment from that

but that I could not offer them a monthly payment as I do not receive any weekly or monthly income,

 

at present my partner is 4 months pregnant and depressed following a miscarridge last year,

 

I understand the baliffs have a job to do and the debt must be paid

but my partner is suffering as a result of my stupidity and I am on the verge of leaving the property,

 

I am desperate please help!!

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her goods are NONE of their buisiness - correct.

 

dx


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the SD text is on here & all you need to do is get any court official to sign it - i think.


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I rang a solicitor and they said they could not sign a declaration because they did not know my o.h.

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Take it to a county court, it dosnt have to be done by a solicitor.

  • Confused 1

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Thread moved to the Bailiff forum


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PLEASE note that with CSA arrears there is no need to allow the bailiff into the property. He may only gain entry by "peaceful" means. Neither of you should allow the bailiff into YOUR partners property.

 

If you have a car outside of your home there is a risk that it could be seized. Be careful.

 

I am pushed for time right now but should be able to get a template stat dec over later.

 

Have Rossendales applied any charges to your account?

 

If so...can you provide details.

  • Confused 1

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My partner owns a car, but from what I read the car cannot be seized and the burden of proof lay with the baliffs to prove the car is mine, which it is not, can they really take my partners car?

 

In addition I guess the worst time for them to call would be when my partner goes to work in which case we have to open the door, because my partner needs to be at work on time, I am really worried about this, any other time of the day they would not be able to gain access.

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ARE YOU MARRIED TO YOUR NEW PARTNER????

important question

 

if you are not then they cannot sieze the car but it is up to the owner to prove the car is thiers

if it cannot be done on the doorstep by way of a form V5C ( registration document) and a bill of sale, the bailiff can levy upon the car, which gives you

5 days to submit the relevent info, this is known as replevlin

 

If the bailiff believes that that you own the car…he can take it. There is Case Law that shows that the onus of proof is on you, not the bailiff to prove ownership of the vehicle, and that it is “not reasonable to expect the bailiff to make enquiries as to ownership”.

Edited by sgtbush

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I am not married to my partner, but I read that they cannot take the car

Edited by ims21

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Found the info below from the DWP site. I really think that you should be contacting the CSA to make them fully aware of your situation.

----------------------------------------------------------------------------------------------------------------

 

If the non-resident parent is not employed, or if the deduction from earnings order is ineffective at recovering the arrears within an appropriate timescale, the CSA will seek to obtain a liability order. This is a legal recognition of an amount of debt accrued over a specified period. The CSA can then take further steps and these vary across the two jurisdictions – England & Wales and Scotland. These include:

The use of bailiffs to seize assets (in England & Wales) or the attachment of assets by Sheriff Officers for sale at auction (in Scotland);

An order to put up for sale the non-resident parent’s residential property (in England & Wales) or the registration of an Inhibition which prevents the non-resident parent transferring or disposing of heritable property and may affect the parent’s ability to obtain credit, loans or mortgages (in Scotland);

Driving licence disqualification;

Deduction of maintenance payments and/or arrears from the non-resident parent’s bank account;

A Freezing Order, preventing the parent from selling or transferring ownership of an asset,

Recovering arrears from a deceased parent’s estate; and

Imprisonment.

Further information can be found

 

https://www.gov.uk/child-maintenance/nonpayment-what-happens


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I have told the CSA that I have no income, I have offered to send them details of this but they declined, I even explained that me and my partner would send them a budget sheet with a small amount from my partners income as a gesture to demonstrate I was willing to pay but this was declined, they said there was nothing they could do and it would have to wait unitil the bailiff action returns to them in 3 months.

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ARE YOU MARRIED TO YOUR NEW PARTNER????

important question

 

if you are not then they cannot sieze the car but it is up to the owner to prove the car is thiers

if it cannot be done on the doorstep by way of a form V5C ( registration document) and a bill of sale, the bailiff can levy upon the car, which gives you

5 days to submit the relevent info, this is known as replevlin

 

If the bailiff believes that that you own the car…he can take it. There is Case Law that shows that the onus of proof is on you, not the bailiff to prove ownership of the vehicle, and that it is “not reasonable to expect the bailiff to make enquiries as to ownership”.

I find your statement a little misleading.

 

Regardless of whether you are married or not the debt is your's it cannot be made your new partners debt because you have got married. If that is the case can you back this up with the relevant legislation.

 

Before a bailiff can take the said vehicle he has to make sure that the car belongs to the debtor. If he does take it then said bailiff and creditor will be in a certain amount of trouble.

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I find your statement a little misleading.

 

Regardless of whether you are married or not the debt is your's it cannot be made your new partners debt because you have got married. If that is the case can you back this up with the relevant legislation.

 

Before a bailiff can take the said vehicle he has to make sure that the car belongs to the debtor. If he does take it then said bailiff and creditor will be in a certain amount of trouble.

 

Thank you this was beginning to get me very worried, my partner came home from work early today, she really is not taking this well. Has anyone got a copy of a statutory declaration.

 

And would it be wise to offer say £10-£20 a month till I can afford more?

 

Could I pay this direct to CSA, I dont have an account or reference to them and they said they could not accept any payment from me is this correct

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A bailiff should seek proof of ownership before levying or towing, and they would be in trouble if they took and sold a car just because it was parked outside a house and it transpired it was randomly parked and then reported stolen by the owner


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Has anyone got a copy of a statutory declaration.

 

I have just requested to see if CAG has one some where. I'm afraid I get lost in the library :!:

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I find your statement a little misleading.

 

Regardless of whether you are married or not the debt is your's it cannot be made your new partners debt because you have got married. If that is the case can you back this up with the relevant legislation.

 

Before a bailiff can take the said vehicle he has to make sure that the car belongs to the debtor. If he does take it then said bailiff and creditor will be in a certain amount of trouble.

 

 

people that are married have joint financial interests so the car would be levyable, but as they are not then the car cannot be as it belongs to his partner

please read up on replevlin as explained as it is up to the owner to prove the car belongs to them

Edited by ims21

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people that are married have joint financial interests so the car would be levyable, but as they are not then the car cannot be as it belongs to his partner

please read up on replevlin as explained as it is up to the owner to prove the car belongs to them

 

Replevin mearly states this is a way of recovering items that have been "unlawfully" witheld or removed, it does not state that items can be removed without proof of ownership. I fail to see what law states that a bailiff can legally take a car where ownership is not proved as the previous poster points out the car could belong to anyone.

Edited by ims21

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a bailiff wouldnt just ramdomly levy a car on the street, he would need reasonable cause, ie it was on the drive, then it is up to the owner to stop the levy being done, not the bailiff proving otherwise.

this gives 5 days for the owner to prove they own the goods and not the debtor, at this point the car is not immobilised or removed

before removal their will be checks done to establish the facts but it is far easier to prove on the doorstep

 

anyways their are more concerns about CSA debt than the fine points on levying

An order to put up for sale the non-resident parent’s residential property (in England & Wales) or the registration of an Inhibition which prevents the non-resident parent transferring or disposing of heritable property and may affect the parent’s ability to obtain credit, loans or mortgages (in Scotland);

Driving licence disqualification;

Deduction of maintenance payments and/or arrears from the non-resident parent’s bank account;

A Freezing Order, preventing the parent from selling or transferring ownership of an asset,

Recovering arrears from a deceased parent’s estate; and

Imprisonment

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people that are married have joint financial interests so the car would be levyable, but as they are not then the car cannot be as it belongs to his partner

please read up on replevlin as explained as it is up to the owner to prove the car belongs to them

also please read up on the website bailiffonline.com for more infomation

 

there is no website called [EDIT} ( I suggest you refrain from putting any other websites up until they have been checked by site team.)

 

If I am not mistaken is replevin to do with common law?

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a bailiff wouldnt just ramdomly levy a car on the street, he would need reasonable cause, ie it was on the drive, then it is up to the owner to stop the levy being done, not the bailiff proving otherwise

 

Ahh but they do. this is why they have to prove who the car belongs to before removing it.

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