Help needed

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Confused
Posts: 8
Joined: 26 Nov 2015 19:14

#1 Help needed

Post by Confused » 27 Nov 2015 07:07

I had a magistrate fine which I could not afford to pay and kept from my wife.
A bailiff turned up whilst I was in work and left her with a notice of enforcement.. Obviously she now knows all about it.
My wife was awarded her house and everything in it following a previous divorce and her car she owns and has done since before we were married.

We took advice and my wife made a statutory declaration on oath clarifying that her car was hers and always has been and so is the house and everything in it.
Along with a declaration that our house hold is vulnerable due to fact that she has recently lost her mother and is an only child.

Although all this info was sent to the bailiff he decided to hammer our door at 6am this morning until he woke the whole street up. He stated our declaration was worthless and unless she has receipts or invoices with her name on then he's seizing goods. He also said that because we are now married everything is half me anyway?

He then told us he doesn't care about the vulnerability of my wife as its my name on on the warrant and its not t my mum that died.
He then put a clamp on my wife's car and said he will be back in an hour with a recovery truck to collect it.

True to his word he returned with a truck and said if we don't give him the car key to take he will phone a lock smith and com in the house to seize other goods along side the car.

After trying to hold off this thinking he was bluffing my wife give him the key as he was in the phone to locksmith.
She was also highly embarrassed as the recovery truck was blocking the road and his college was directing all our neighbours around it in his enforcement uniform.

The car has now gone and they refused to tell us where.

Is there anything I can do? Was out statutory declaration worthless like he stated?
My solicitor has complained to the court and is saying they have broke law but no one seems to care or want to listen to me regarding this

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Hopeless
Posts: 205
Joined: 23 Sep 2015 05:21

#2 Re: Help needed

Post by Hopeless » 29 Nov 2015 12:12

Confused wrote:I had a magistrate fine which I could not afford to pay and kept from my wife.
A bailiff turned up whilst I was in work and left her with a notice of enforcement.. Obviously she now knows all about it.
My wife was awarded her house and everything in it following a previous divorce and her car she owns and has done since before we were married.

We took advice and my wife made a statutory declaration on oath clarifying that her car was hers and always has been and so is the house and everything in it.
Along with a declaration that our house hold is vulnerable due to fact that she has recently lost her mother and is an only child.

Although all this info was sent to the bailiff he decided to hammer our door at 6am this morning until he woke the whole street up. He stated our declaration was worthless and unless she has receipts or invoices with her name on then he's seizing goods. He also said that because we are now married everything is half me anyway?

He then told us he doesn't care about the vulnerability of my wife as its my name on on the warrant and its not t my mum that died.
He then put a clamp on my wife's car and said he will be back in an hour with a recovery truck to collect it.

True to his word he returned with a truck and said if we don't give him the car key to take he will phone a lock smith and com in the house to seize other goods along side the car.

After trying to hold off this thinking he was bluffing my wife give him the key as he was in the phone to locksmith.
She was also highly embarrassed as the recovery truck was blocking the road and his college was directing all our neighbours around it in his enforcement uniform.

The car has now gone and they refused to tell us where.

Is there anything I can do? Was out statutory declaration worthless like he stated?
My solicitor has complained to the court and is saying they have broke law but no one seems to care or want to listen to me regarding this

Sue!

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Schedule 12
Posts: 13453
Joined: 30 Jul 2012 21:23
Location: Philippines
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#3 Re: Help needed

Post by Schedule 12 » 29 Nov 2015 19:56

I'm sorry but I have to be the bearer of bad news, but spousal goods are inferred to be co-owned unless evidence to the contrary is proved.

However, the goods news, your spouse is not liable for your penalties. The spousal liability has only been applied to debts and civil obligations of the other.

You can try an interpleader claim, or the spouse can make a claim for replacement goods under section 3 of the Torts (Interference with Goods) Act 1977.

Here is how to make an interpleader claim. http://www.dealingwithbailiffs.co.uk/interpleader.htm

Here is how to claim replacement goods. But do give the bailiff an opportunity to return the goods in your Letter Before Action. http://www.dealingwithbailiffs.co.uk/Co ... edure.html

Your spouse can consider Pay & Reclaim. That puts you back in charge and you call the shots when dragging your claim through the courts.

If you can say which bailiff company and which court, then I can tell you where you car is, but that wont enable you to go round there and take it. You will have to wait until its sold and have notified the DVLA the car is "taken without permission" and they will give you the address of anyone trying to get a V5.

Run the Magistrates' Court fines enforcement compliance check. that might find something else you can deploy.

A solicitor isn't much use unless he knows enough about civil enforcement compliance. I can set you up with one if you want court representation.
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

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