Statutory Declaration info

[peterpip]

Hi everybody

 

 

i was wondering if anybody could help

 

 

i have debt problems which are solely my own and live with my partner

 

 

my partner is extremely worried about her possessions been taken and wants to do a statutory declaration to state what she owns.

 

She has receipts and credit card bills as proof for many items

but a couple of things she does not as they were birthday and Christmas gifts

would putting these items in a statutory declaration cover her for this?.

 

Also does anybody know any good Statutory declaration templates for proof of ownership?

[Guest]

welcome to cag btw

 

what are the full circumstances? such a dec may not be in issue depending on such.

[dx100uk]

why are you being chased by HCEO's or bailiffs then?

 

 

if not

 

 

don't worry about it.

 

 

dx

[peterpip]

Hi thanks for the advice

 

 

my partner is really worried that if if bailiffs come to the house because of my debt problems

they will be able to seize her stuff because we are living together

 

 

she wants to do a statutory declaration to be able to show them that the stuff belongs to her

as i said some stuff she has receipts for but a couple of things were gifts so was hoping a stat dec would cover everything.

 

All the debt is in my sole name and the problems all started before i met her and she now lives with me so she is really worried about these things

[mikeymack2002]

More info is required for us to help you. Partial info helps no one

[peterpip]

Im just asking in general can my partner make a statutory declaration listing all the things she owns

which are her sole property (some she has receipts for and others are gifts)

so bailiffs cant seize them by assuming they belong to me or by making the assumption they are jointly owned because we live together?

 

All my debts are non secured ie loans, overdraft, credit cards etc and have now all been sold

i am trying to come to payment arrangements with these people

but my partner is paranoid that if a creditor tries to use a bailiff they might try to take all her property.

 

Am i also right to think that HCEO cannot become involved at any point because loans overdrafts and credit cards are debt that covered by the CCA.

and they cant enforce these types of debt?

[dx100uk]

yu ae a VERY VERY VERY long way away from any POSSIBLE AND VERY REMOTE

bailiff involvement on CIVIL debts.

 

 

everyone of your creditors [those chasing money]

MUST hold a SIGNED and ENFORCEABLE CCA request first!

[you have sent off a CCA request to everyone that's chasing you?]

then if they jump that hoop

 

 

they'd have to get you in COURT.

 

 

and WIN a judgement against you.

then yo'd have to fail to pay the CCJ.

 

 

all that can take months and months and months.

 

 

have you looked at your Credit file?

are all your debts SHOWING

 

 

when was the last time you PAID anything to anyone.?

 

 

I WOULD NOT, blindly be offering ANY F&F settlements UNTIL you CCA everyone

and LOOK AT RECLAIMING PPI/PENALTY CHARGES etc etc too!

 

 

just remember the golden rule.....

 

 

a DCA is NOT A BAILIFF

 

 

and has

 

 

NO SUCH LEGAL POWERS.

 

 

dx

[HCEOs]

As somebody who works in the enforcement industry I would disagree with some of the posts above and understand your partners concerns.

 

As the cost of issuing a statutory declaration is very low it would make sense from a 'peace of mind perspective' to issue one. Any declaration must contain an inventory of the goods claimed though and as this may change as items are purchased it may need updating from time to time.

 

There is a clear process defined in the 'taking control of goods regulations' on how a third party should claim goods but a statutory declaration would certainly go some way to helping the cause.

[Guest]

how much does it cost?

 

as you say, it may need updating accordingly. do updates cost?

so, if a poss bailiff visit is a long way off and not just round the corner...just do one just before the situation arises if it is likely to arise (wld need at least a ccj for bailiff involvement (re enforcement of) if just the debts mentioned)?

 

but, as you say mind peace. if can afford it, and want it, then why not.

[mikeymack2002]

An SD can cost anything from a fiver to much more dependent of the work involved

[HCEOs]

I would suggest a very simple document is drawn up by the OP or their partner to say that the following goods are owned solely by that person. Then have a solicitor witness the declaration. It costs around £8 for us.

 

This is a safeguard and one that will give peace of mind to the parties involved. It does not prevent goods being taken into control. A formal third party claim would still need to be made by the owner of the goods in the prescribed format listed in the TCoG Regs.

 

I would add that technically the third party claiming the goods should make payment of the value of the goods into court if ownership is argued, something I have seen ordered on several occasions.

[Guest]

cheers. doesnt cost that much then

 

was thinking. wldnt bailiffs have to show ownership re the subject, and a dec may still then be disputed?

[HCEOs]

It is not for the bailiff to prove whose the goods are. He can take control of goods that he reasonably believes top be the debtors.

 

And yes, a statutory declaration can be disputed but it will still help.

 

If the goods are of little value it may well be enough for the bailiff to leave them alone.

[Guest]

cheers.

so what does 'reasonably believe' involve? surely they must have some grounds for such belief?

one eg if they come, and a debtors partner says no thats mine, i bought that...

[HCEOs]

Unfortunately, most people say that and whilst it may often be true in practice most EAs, rightly or wrongly, would seize everything in the house and ask for proof after.

[Guest]

ok

so there's no 'reasonable belief', just a take all policy, and let it be sorted later.

what then if a stat dec was presented when they came. wld they still take all?

[Bailiff Advice]

One of the moderators will hopefully see this and direct you to the library area where a suitable template Statutory Declaration that I had drafted a couple of years ago can be found.

 

If not....I will see if I can get a copy posted up.

[HCEOs]

This is all hypothetical of course and I can't speak for everybody - just my own experience.

 

The stat dec would be considered and may assist if the goods are of low value. If the stat dec related to a Bentley on the drive I'm pretty sure it would be ignored and the correct TCoG procedure would be followed.

 

Just my opinion though.

 

Of course, the better option is to deal with your creditors before it gets to this stage.

[Bailiff Advice]

ok

so there's no 'reasonable belief', just a take all policy, and let it be sorted later.

what then if a stat dec was presented when they came. wld they still take all?

 

As dx100 has outlined above, the debts that you have are not ones that can be enforced by private sector bailiffs or High Court officers and as such, I really do believe that you are worrying about something that is very likely never going to happen.

 

However, if it gives peace of mind then a simple Statutory Declaration is the way forward.

[Guest]

As dx100 has outlined above, the debts that you have are not ones that can be enforced by private sector bailiffs or High Court officers and as such, I really do believe that you are worrying about something that is very likely never going to happen.

 

However, if it gives peace of mind then a simple Statutory Declaration is the way forward.

 

not my debts/thread see my posts.

was just asking out of interest. (and poss for the benefit of the OP)

[Bailiff Advice]

Statutory Declaration

To: whom it may concern.

 

I: Miss Jo Smith

 

Of: 1, High Street, Anytown, Anywhere

 

Do solemnly and sincerely declare that:

 

I am making this Statutory Declaration in relation to all of the items on the attached schedule.

 

All items listed belong to me and have either been purchased from my own funds or have been given to me by way of gifts/presents. In respect of the items purchased by me I have the necessary proof of purchase.

 

 

 

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835.

 

 

Signature:.....

 

 

Declared at:.....

 

 

Before me: A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor

[peterpip]

Hi all and thanks for all the reply so you say a statutory declaration could still be contested

well what if the owner of the goods had purchase receipts and credit cards bill receipts

solely in there names corresponding to the items they own.

would this be considered enough proof?

 

Also what if these receipts were used together with the statutory declaration?.

 

Am i right in thinking if somebody is in debt which is solely theirs but their partner is not and is not liable for this debt in anyway

the partner is still able to purchase things for themselves out of their own money without fear of them been taken as the debt is nothing to do with them?.

 

In my case i already had these debt problems before my partner moved in with me

surely now my partner lives at the same address does not mean she can not use her income as she sees fit

and buy things she wants just because i have problems.

[dx100uk]

quite honestly I think this has been debated long enough.

 

 

the chance of a bailiff at your door and taking goods is extremely remote.

 

 

how about you list your debts

[marry them up with your credit file too & if they even show?]

 

 

list each debt owner [chaser] and defaulted date too please

[peterpip]

Of course that is your opinion dx but if anybody has the time to answer my queries i would be very grateful.

[peterpip]

It is not for the bailiff to prove whose the goods are. He can take control of goods that he reasonably believes top be the debtors.

 

And yes, a statutory declaration can be disputed but it will still help.

 

If the goods are of little value it may well be enough for the bailiff to leave them alone.

 

Surely if you have receipts/credit card statements in the owners sole name or pointing the an account the owners solely owns then these items could not be touched as there wouldn't be reasonable doubt there would be no doubt?

 

If they can still be disputed then i ask this what's the point in having receipts as proof of ownership if in a EA eyes they prove nothing?