Statutory declaration

[Jennie80 10]

Does anyone know how to go about getting one of these? Spoke to Cab, basically trying to ensure all my property safe as debt collectors keep coming for previous owners, they said a solicitor does it. Do I just contact any old solicitor and how much is it likely to be ? Thanks

[geared 318]

Why should you need one, a debt collector has no legal ground to take anything from you to cover someone elses debt.

[andyofborg 11]

Why should you need one, a debt collector has no legal ground to take anything from you to cover someone elses debt.

 

While that's probably true, some of them can be quite aggressive and a bit of legal paper might ease the situation, though if the op feels in any way intimidated by a debt collector they should have a word with the police.

 

On the other hand, there was a series on the bbc a few years ago which looked at the way baliffs and debt collectors should work. One example was a bloke who took in a friend who was being pursued for debts. They both looked quite smug about appearing to get one over on the debtors. However, the baliff was quite clear that when it came to siezing goods the landlord's goods were fair game unless he had absolute proof that the items were his. The landlord went from looking very smug to very unhappy and I imagine that there were strong words between him and the lodger off camera.

[geared 318]

the baliff was quite clear that when it came to siezing goods the landlord's goods were fair game unless he had absolute proof that the items were his.

 

That seems like dodgy legal ground.

If the debter was staying in a hotel does that mean they are allowed to clear out whatever room he's staying in?

[AdamSmith 10]

Does anyone know how to go about getting one of these? Spoke to Cab, basically trying to ensure all my property safe as debt collectors keep coming for previous owners, they said a solicitor does it. Do I just contact any old solicitor and how much is it likely to be ? Thanks

 

if the debt is not yours tell them in writng not to contact you again either by phone or mail as you will consider this harrasment. they must prove to you the alleged debt and must have a court order to seize any goods from a residential address. i wouldnt bother wasting money on any solicitors paperwork.........well not unless the debt IS yours?

[andyofborg 11]

That seems like dodgy legal ground.

If the debter was staying in a hotel does that mean they are allowed to clear out whatever room he's staying in?

 

a hotel with standardised fixtures and fittings and the sorts of records it would have to keep for tax etc would probably be able to demonstrate whats theirs and what isn't and a guest would really be able to fill a hotel room with siezeable goods anyway.

 

i dont think the bbc would broadcast a statement, if in the context of that situation, it wasn't accurate. on the other hand, the two lodger did seem rather smug about avoiding his debts and the landlord about helping him get away with it, so there may have been an element of "lets wipe the smile off". The landlord certainly didn't look happy looking at a pile of his stuff, big tv, high end stereo and such, with the baliff saying "if you can't prove its yours we can sell it".

[Jennie80 10]

I appreciate the responses although would quite simply like an answer to my question if anyone can help? I am not concerned with opinions about debt or bailiffs I want a statutory declaration and have asked advice on how to obtain this :-)

[grahamp159 10]

you have to go to a solicitor with any paperwork and get them to sign a statutory declaration it will cost you £5

[bonesnbradde 10]

i had bailiffs n recovery letters for the previous owner of my present home for about 2 years and its a pain to stop , they noted my car on drive etc , i had to contact debters and explain over and over again also same on property what i rent out good luck

[Jeffrey Shaw 90]

you have to go to a solicitor with any paperwork and get them to sign a statutory declaration it will cost you £5

Yes. Note, however, that the solicitor whom you see to have it witnessed cannot be the person or firm who drew it for you nor acting for you in connection with it; the attestant has to be independent to make the SD valid.

[Jennie80 10]

Yes. Note, however, that the solicitor whom you see to have it witnessed cannot be the person or firm who drew it for you nor acting for you in connection with it; the attestant has to be independent to make the SD valid.

 

Thanks Jeffrey - are there templates or do I need to just make it up myself???

[Jeffrey Shaw 90]

Thanks Jeffrey - are there templates or do I need to just make it up myself??

That question is impossible to answer fully. Every case is different; the aim is to state all salient facts.

So, yes, there are precedents; but I'd not recommend a non-expert to dabble.