Statutory Declaration info

[ploddertom]

You are asking about a lot of what ifs without anything actually having happened. It is easy to speculate on what may happen but as has been said you are a long way off anyhting actually happening. Dx has suggested listing your debts on the basis some of them could be Statute Barred or Unenfoceable & until you address this it is really pointless continuing until someone actually takes some action against you.

[peterpip]

 

I have several debts totalling around £8.000 1 i have a ccj for one and pay £1 per month all my debts have now been sold by the original creditors to which i have been trying to negotiate payments for non are statue barred.

 

I thank everybody for there help on the forum i just wish someone would try and answer my queries really. (my what ifs)

[dx100uk]

list them

why are you blindly paying them [bar the CCJ?]

have you ever questioned the legality of those you pay tto fleece you.

 

 

as for who owns what and receipts etc etc

 

 

a bailiff will not, nor do you have to, even allow them inside

to even 'see 'or list whats inside.

 

 

these are civil debts, there is NO forced entry allowed

 

 

only on criminal matters.

 

 

you are seriously worrying about nothing.

[peterpip]

Hi dx

i appoligize if i am coming over pushy or aggressive in my posting

 

im just scared and frightened that's all

 

to answer your questions why do i pay?

because i do owe the money.

 

almost 5 years ago my marriage broke down

my wife left never to be seen again

 

i based everything on 2 wages coming in (and everything was in my name)

and when she left i tried to stop the ship from sinking but i couldn't

 

im sure you've heard the story a thousand times before the depression and anxiety starts then the drink.

 

This together with the what seems to be the norm now BIG SOCIETY debt help from a little drop in centre in town

(which turned out to be worse than doing nothing) and i just lost control of it all.

 

A couple of years on i have a new partner and

 

i cant stop her from spending her money on things she wants

(at the end of the day its her wage) and it seems scary to think someone might take it off her.

 

I have been trying to negotiate myself but the amounts i can offer a small most under £1

[dx100uk]

you are not aggressive or pushy

 

 

and so what if you are ... no big deal

 

 

yes we see it all the time.

 

 

you've no need to stop anyone let alone you spending money

you really have been badly informed, or someone has.

 

 

no good us keep speculating lets prove to you theres nothing to worry about

 

 

get that list of debts up

 

 

have you ever gotten your credit file too?

 

 

cumno move forward help us to help you dispel these silly ideas you have about DCA's and their lies

which I think you've been hearing about on the phone or by silly threat-o-grams

you must keep getting.

 

 

debt list please..

 

 

dx

[Jamberson]

If you live with your partner as a couple, then I don't think you can assert individual ownership of anything. You have a joint household, and joint ownership of the contents, as if you were married.

 

Someone correct me please, if I am wrong.

[Guest]

am thinking; if a cca regulated matter, then to take joint ppty re enforcement of a ccj, that judgment wld then need to be in both names?

if so, as you pose, what wld be joint ppty?

[josephbloggs]

Quite agree and in this scenario if an enforcement agent visited for One persons debt, and joint assets or partners items within were available to take control of, an enforcement agent as well as listing the items down on a 'notice after entry' form would, on being made aware of a potential co-owner or dispute regarding an item proceed to list the items on the prescribed 'inventory' form.

 

This wouldnt stop How the enforcement agent wished to proceed ie controlled goods agreement or removal.

 

In the event of a dispute in ownership, And as hceo has already mentioned, the next step would be to lodge the equivilent monetry value of the item to the high court and proceed down the route of replevin.

[peterpip]

So if you have debt troubles that are solely in your name and your partner is not liable you are under no obligation to involve your partners income when negotiating with creditors just your own.

 

But when it comes to seizing goods your partners property is fair game and will be seized anyway regardless if you have provided purchase receipts and a statutory declaration to the EA there and then as he is making the inventory . SO RECEIPTS AND STATUTORY DECLARATIONS ARE WORTHLESS.

 

i suppose its all in the hope you cannot get the deposit (equal value of the goods) together and you cannot fight for the items hence end up losing them.

 

As ive said before surely if you produce receipts there and then there can be no doubt who owns the property otherwise what would be the point of having receipts as proof of ownership.

 

My partner bought a babyliss 5000 hair dryer out of her wage absolutely nothing to do with me i have no hair but what your saying is that an EA will say that is jointly owned because its in the same house.

[peterpip]

am thinking; if a cca regulated matter, then to take joint ppty re enforcement of a ccj, that judgment wld then need to be in both names?

if so, as you pose, what wld be joint ppty?

 

I also would like to know the answer to this.

[peterpip]

[Link removed by site team].

 

People on other forums seem to have totaly different views on this what do you think?

Edited January 15, 2015 by honeybee13
Link to unauthorised site removed.

[peterpip]

 

Why did the link from that other forum get removed? seems a bit iffy.

[dx100uk]

because you obv have not read our rules?

 

 

dx

[peterpip]

I knew something smelt fishy about all this everything seemed to much in favour of the enforcer there is rumours this site is run by bailiffs.

 

http://www.marstongroup.co.uk/team-member/marc-gander/

[dx100uk]

that's already been discussed to death.

 

 

its a steering committee.

 

 

quite useful too.

 

 

we got lots changed upon the way they treated people.

 

 

but that's a side issue to your continuing refusal to believe what you are being advised to do and give us.

 

 

your reluctance to give us a list of your debts is getting suspicious to say the least.

then we can help you and give the correct info and actions to take

we don't even know if your debt are even legit yet?

 

 

dx

 

 

 

 

dx

[Bailiff Advice]

I knew something smelt fishy about all this everything seemed to much in favour of the enforcer there is rumours this site is run by bailiffs.

 

http://www.marstongroup.co.uk/team-member/marc-gander/

 

The 'rumour' as you put it is one that has been mentioned literally hundreds of times by one individual who has been barred from this site many times over the years under various different 'aliases' and who has a dreadful obsession with this forum (and some of it's posters).

 

The countries expert on bailiff law is a gentleman by the name of John Kruse. He has written many books on the subject and provides training to enforcement companies and local authorities. As you will see from the the following, John Kruse is a member of JBW Group's Advisory Panel. In other words......his role is identical to that of Marc Gander at Marston's !!!!

 

http://www.ccrmagazine.com/index.php?option=com_content&task=view&id=9558

Edited January 16, 2015 by ploddertom
typo

[citizenB]

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?

 

 

When someone signs up to CAG or indeed any other forum, it is understood that they would read the terms and conditions of that forum.

 

So attempting to slip in links to other forums would have been known to you and you might not have attempted to do this. So, nothing "iffy", about removing the link.

 

A new user who attempts to do this, knowing full well that it isn't permitted has to come under scrutiny of the moderators.

 

Your question originally was believed to be a genuine one, however, your responses to the questions then raised by other CAG members were evasive.

 

For your information...

 

It is unlikely a bailiff would become involved unless a debt covered by the CCA had progressed through the statutory requirements of defaulting, terminating, the issuing of a claim and the debtor THEN not making repayments.

 

Unless you are this stage then it is unlikely Bailiffs will be involved and your question is irrelevant.

 

If you genuinely want to avoid your partner's possessions looking acceptable to a Bailiff in the near future, it is suggested that you start planning long term to deal with your debts in one form or another.

[peterpip]

Ok ill leave it there i don't think i will ever find the answers to the questions i am asking on here many thanks to everybody who has tried to help me on here.

[citizenB]

Righto, in respect of your post above, I will close the thread.