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Bailiffs and Statutory Declarations - how do they work?

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Can someone help me with explaining whether a statutory declaration would help a friend who is being hassled by bailiffs for debts owed by people who lived in her council flat before she moved in. If so what does she need to do and how will it stop bailiffs writing threatening letters and visiting? Thanks

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All it would be is a witnessed declaration that she is resident. I think some people might ignore on the basis that this previous tenant is hiding under the stairs.

 

Probably better to get a letter from the council confirming that she is now the tenant of property address xxxxxx from x date and that the previous tenant moved out from this date.

 

If she is getting hassled after advising companies that the previous tenant does not live there, then she should speak to Citizens advice to see if Trading Standards will intervene.

 

http://www.tradingstandards.gov.uk/extra/contact.cfm?frmAlias=/contact/


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Thank you that is very helpful. As I am her elected councillor it shouldn't be too difficult to get a letter from the council and if that doesn't work then I can probably nudge trading standards to take action

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Thank you that is very helpful. As I am her elected councillor it shouldn't be too difficult to get a letter from the council and if that doesn't work then I can probably nudge trading standards to take action

 

What you will find is that she will be party to a game of pass the parcel, as the debts are bought and sold. Communication to her address will only stop when the previous tenant is found or they register their new address, so their credit record gets updated.

 

Many people in debt can go into hiding, by not informing banks, not registering on the electoral register etc, so they cannot be found. Creditors are allowed to try to contact the debtor at their last known address, but should cease communications once they are told that the debtor is no longer resident. Once debt companies realise they cannot collect on the debt, it is passed on and then the new debt collector starts sending communications. So she could receive communications for some time and have to advise people of the situation.


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I have just asked the council to send her a letter and will advise her to keep copies for when it starts up again. Unfortunately it is a motoring fine so obviously the debtor has not notified DVLA of their new address - an offence in itself I believe

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I would assume that it will be her local magistrate court that issued the distress warrant ( i would put money on it being marston bailiffs )

 

as her councillor i would send them a strongly worded letter informing them that they have been told on several occasions the fine belongs to the previous tenant of (address) and any further enforcement at the above address for the previous tenant will result in you sending a letter of formal complaint to the court manager

 

nice to see a local councillor giving there constituent support

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London worker.

 

As the debt relates to an unpaid court FINE bailiffs have the right to force entry into the property. Although this rarely happens it is sadly the case that bailiffs rely upon the THREAT of force entry to get a debt paid. Many times, a person who is not the debtor makes payments under duress when such threats are amde.

 

It is very important that anyone who receives a letter from a firm of bailiffs such as this ensure that they make contact with the bailiff company and if possible, provide some evidence that they are not associated with the debtor. A copy suld also be sent to the relavant Magistrates Court. Which company are enforcing the debt (Marston Group, Philips, Swift) etc?

 

PS: Excellent to see a Councillor using the forum. Well done....

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excellent advice already, and nice to see a councillor on the case with bailiffs, as a community councillor myself I consider it is key for any elected represetative to take steps to help wherever possible, hopefully you can show other members what rogues and liars these Certificated bailiffs can be, and remind them of the councils liability for their action when they are used to collect council tax.


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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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One question I must ask is this Councillor or Counsellor?


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Seems she is an elected councillor PT, which is most encouraging, btw score 1 Cag, Rossers 0 on another thread: the long saga of loretta and rossers

http://www.consumeractiongroup.co.uk/forum/showthread.php?320973-Another-problem-with-a-bailiff-Rossendales/page9


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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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I would assume that it will be her local magistrate court that issued the distress warrant ( i would put money on it being marston bailiffs )

 

as her councillor i would send them a strongly worded letter informing them that they have been told on several occasions the fine belongs to the previous tenant of (address) and any further enforcement at the above address for the previous tenant will result in you sending a letter of formal complaint to the court manager

 

nice to see a local councillor giving there constituent support

 

You are spot on with it being Marstons! Yesterday the council did a letter for her confirming her tenancy and that no-one of the name being chased has ever been a tenant at the property but I will happily draft a letter from me threatening a complaint to the court manager

 

Thanks for all the help from everyone

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You are spot on with it being Marstons! Yesterday the council did a letter for her confirming her tenancy and that no-one of the name being chased has ever been a tenant at the property but I will happily draft a letter from me threatening a complaint to the court manager

 

Thanks for all the help from everyone

 

Now you have found CAG, don't be a stranger, keep looking in


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

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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You are spot on with it being Marstons! Yesterday the council did a letter for her confirming her tenancy and that no-one of the name being chased has ever been a tenant at the property but I will happily draft a letter from me threatening a complaint to the court manager

 

Thanks for all the help from everyone

 

Big thumbs up from me ...great to see a Councillor being pro-active ....well done.

 

WD

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