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I have had a difficult relationship with my now Ex, particularly financially. I am on benefits (as a carer), he recently went self employed which has only made my income situation worse because he hasn't been earning a great deal, hasn't given me receipts that I need to continue all the benefits (which I should be able to) so I am very very short of money right now.

 

I received a Distress Warrant from Collectiva dated 3rd June related to several fines (totalling just over £1,000 that he was supposed to be paying off. He hasn't obviously, it looks like he's hardly paid anything off. The letter says that they will come round and collect the money or will be able to break in and take my furniture. The stuff in the house is all mine, I probably have receipts for a lot of it, but some of it is years old so won't have receipts for all of it.

 

It was the last straw and I gave him his clothes and told him to leave (the warrant has only been issued because he hasn't done what he needed to to sort the situation out.., he's had months to sort this out).

 

The problem is, I can't prove he's left the premises. The tenancy agreement is in our joint names. I will be phoning on Monday to change all the benefits to my name only (which will for a few weeks leave me with even less money coming in) but I doubt I will get notification of the benefit changes by the two weeks the Distress Warrant suggests I will have bailiffs coming round.

 

What can I do, if anything? I have two children and lots of stuff in the house the bailiffs could take. I won't let them in, but the letter says they can force entry.

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You can swear a statutory declaration at your local Magistrates or Solicitors office to say that all item at x address are solely owned by you. I believe the staff at Magistrates don't charge for this, but Solicitors will charge a small fee ( I have seen £10-£20 quoted). Then provide this to the bailiff, so they are made aware of the situation. You could also send a copy to the Magistrates courts Manager responsible for bailiffs with a covering letter explaining the situation.

 

I would suggest that you do this on Monday. Bailiff can force entry to collect fines, but it does not happen very often and is only done at the last resort.

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Get three notarisesd copies of the Stat dec, one for the court office that is chasing the fine, one as a spare, and one to pass to the bailiff through the letterbox if you don't want to answer the door to him. Film the visit throgh the letterbox even with a mobile phone to record any unlawful threats or claims the bailiff will make, especially iif he claims right to break in under the Domestic Crime and Violence Act 2004, stating that he cannot enter the named debtor is not there and is no longer resident, as per the stat dec you have passed him, and also supplied to the court which you expect will call him off. If he doesn't go call the police.

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 OTHERS

 

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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Yes the distress warrant is solely addressed to my ex. Its for several driving fines.., I don't drive and never have and have never had any encounters with the police of any kind. Because my OH hasn't been handing over work expense receipts on time, I have just enough money to pay the rent in the bank. I do mean just enough. If I pay for notorised copies, I won't be able to pay the rent. I've only been able to do this by keeping us very short on food. Once I tell benefits I have split with my ex.., all benefits will come to a stop so I will then have no money at all coming in for a few weeks so its not going to get better immediately.

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Well, you need that stat dec to prove to the bailiffs and court what you say is true. Otherwise it will be very hard for you to prove what you say and further action could be taken.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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It really is important that you get the SDs but I understand your concern about the money.

 

Could you get a crisis loan? I don't know who you apply to, because I think I read somewhere on here that this is now handled by local councils, but I may be wrong.

 

You could phone DWP and ask, or try the local council.

 

DD

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Many thanks for all your help.

 

I didn't know I could get a notarised statutory declaration so I will work on that on Monday. Hopefully it will stop this getting any worse.

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