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

[seanamarts]

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

[seanamarts]

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.

[seanamarts]

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

[seanamarts]

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?

[seanamarts]

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.

[seanamarts]

A replevin writ is a court order granted to a complainant to recover goods that have been unlawfully taken or retained.

In some instances, the complainant will be required to post a bond before the order is granted.

 

I think some one must be reading this wrong

[seanamarts]

I have my concerns about this website, I feel there may be an agenda here. Nonetheless I do not have concerns about being sent to prison or any of the other things as the CSA have assured me that so long as I have no income they cannot do this, which is why this is so difficult to understand, they are completely aware of my financial situation, I am on the other hand willing to make a same gesture of payment but I would rather it not be to a bailiff.

 

Have you spoken to you MP about this, they can often help in these matters.

[seanamarts]

No I didn't think they could help, I will try tomorrow

You would be surprised what they can do

[seanamarts]

May I step in here and state just for the record, that jonniebravo was not the one who mentioned your website TT and hasnt.

[seanamarts]

plain and simple, no they cannot.

 

All you have to so is show log book when present, they have to check with dvla before they take any vehicle.