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Proving to bailiffs that property belongs to me


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I returned home to find a letter saying the bailiffs attended for non payment of council tax arrears by my son who does not live at my address. I had given him permission to use my address as a c/o address with regards to his JSA/ESA payments and he has assured me he has only used my address for that purpose. I called the bailiff and explained this and was told that because the court documents were filed for his name at my address they can take any goods at my address unless I can prove they belong to me. I do not have receipts for most of the goods in my home and don't know how I am ever going to prove ownership. I realise that I can just refuse to let them in but they are saying that my only option is to pay the debt and then take action against my son.

 

Can anyone give me advice on possible ways to prove I own my property in the house.

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A Statutory Declaration at a solicitors or magistrates court that all property, goods & chattels at or on the premises are yours and there is nothing belonging to the named debtor at this address

 

As it is for council tax the bailiff cannot force entry, and you do NOT have to let him in especially as this is not your debt. he would love you to pay him but you would have problems getting a refund if you did.

 

What bailiffs are these?

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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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The bailiffs are from Capita.

Equita or Ross 'n Robbers Crapita own them both, odds on there is a Crapita stitch up at the council, so be aware that you need to address any complaints to Head of Revenues, and the CEO, as Capita wuill likely be running the revenue function for the council.

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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 go for the option of formall complaint to the council in writing

Copy in your local MP

 

Do not believe much of what the bailiff says the court documents.....it is a liability order nothing else not a court order or warrant or anything else they want to call it

 

Millions of liability orders are issued each year it is nothing more than a rubber stamping exercise for the council

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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I would go for the option of formall complaint to the council in writing

Copy in your local MP

 

Do not believe much of what the bailiff says the court documents.....it is a liability order nothing else not a court order or warrant or anything else they want to call it

 

Millions of liability orders are issued each year it is nothing more than a rubber stamping exercise for the council

Exactly so, they have no right of entry, and there is no legal compulsion to even speak to a bailiff, in your case as you are not the debtor, they don;t even get a visit fee let alone the frontloaded levy and attending to remove fees they unlawfully preload. If they fetch up before you can arrange a stat dec, tell them that is what you are doing and you will be supplying notarised copies for them, and the council, so they should go away, and any attempts to clamp your motor, or touch your chattels will be Tort Interference with goods.and you may well sue.

We could do with some help from you.

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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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Thanks for the prompt replies. I will go to the local magistrates court in the morning. When I spoke to bailiff he agreed to give me until Friday to enable me to contact my son. Would it be worth calling him again once I have the statutory declaration or would they still turn up on Friday to try intimidation tactics. I don't think they will try to clamp the car as that is about the only thing I can prove is mine.

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Your son does not need to deal with the bailiffs

Bailiffs lie

Any payments can be made direct to the council

If your son is unemployed he may fall into vulnerable category

Do not feel that you have to tell the bailiffs where your son is if you are going to tell them anything tell them that he will be making payments direct to the council

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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The bailiff is screwed as there is nothing he can do with it, he cannot lawfully take your goods for your non resident son's debt if he were to seize any of your goods he would not be in a good place, as it would be theft pure and simple.

 

I would contact the council and appraise them of their agent the bailiffs threats to remove your goods for a non residents debt and tell them a Statutory Declaration as to this fact is on the way and the bailiff will not gain access to carry out an unlawful levy even if Hell freezes over (it did yesterday in the USA)

We could do with some help from you.

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

 

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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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The bailiff is screwed as there is nothing he can do with it, he cannot lawfully take your goods for your non resident son's debt if he were to seize any of your goods he would not be in a good place, as it would be theft pure and simple.

 

I would contact the council and appraise them of their agent the bailiffs threats to remove your goods for a non residents debt and tell them a Statutory Declaration as to this fact is on the way and the bailiff will not gain access to carry out an unlawful levy even if Hell freezes over (it did yesterday in the USA)

 

Thanks. Have just called council and was told that if my son calls them and explains that he does not live at my address they will take the details off of his account and advise the bailiffs that they should not attend my address. Now all I have to do is get in touch with son. That may be more difficult than dealing with a bailiff.

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Thanks. Have just called council and was told that if my son calls them and explains that he does not live at my address they will take the details off of his account and advise the bailiffs that they should not attend my address. Now all I have to do is get in touch with son. That may be more difficult than dealing with a bailiff.

If you swore a Sta Dec and showed it to the council and then gave a notarised copy to the bailiff, and the muppet still kept calling he and his employers the council would be in the soup, whether your son contacted them or not if they were stupid enough to ignore a stat dec they would bring much woe into their world.

We could do with some help from you.

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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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Thanks. Have just called council and was told that if my son calls them and explains that he does not live at my address they will take the details off of his account and advise the bailiffs that they should not attend my address. Now all I have to do is get in touch with son. That may be more difficult than dealing with a bailiff.

 

Council make there own rules up

Formal complaint to council

Copy in local MP

If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Council make there own rules up

Formal complaint to council

Copy in local MP

 

Good plan, Formal Complaint mentioning how the bailiff is trying to put ever increasing burden of proofs of ownership on you. Stat Dec is a legal document and after you present one to the bailiff and council, as mentioned before they ignore it, it is great ammunition to fire in that complaint the CEO should realise he may well have a personal liability on the back of the muppetry.

We could do with some help from you.

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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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Affixed is a template statutory declaration (put your name(s) where the XXX's are) - take it to a local solicitor and have it notarised (I think it costs about £10) then make several photocopies in case you need them in the future, then go to the council offices and show them the original. If they want to take a copy get them to sign one of your copies to say they received it.

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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