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  • #16
    Re: Hi

    Originally posted by clay View Post
    Thanks teaboy2 for your thorough explanation and patience in replying to me. It increasingly looks likely that I will have to bite the bullet and allow them to enter my home and proceed with the levy.

    If I did contemplate what CleverCloggs suggests and offer to pay the debt on my nephew's behalf, what would you suggest the minimum I should negotiate from if I asked the bailiff if he would accept instalments. The debt is £525.

    I think I will also see, if I have time, if drawing up a Statutory Declaration as CleverCloggs suggest will have any influence on the bailiff's actions.

    Thanks again for your helpful replies over the last few days. I truly appreciate it.

    Cheers
    Clay
    Your safest bet would be the satutory declaration route - you will need to have a solicitor draw this up for you and counter sign it, declaring all property in the house as yours, your nepthew may also have to make one declaring the same.

    This will force them to go back to court and get an attachement of earnings order or estabish a sensible repayment plan based on your nepthews income and expenditure per month, which given hes on benefits will likely be just £1 a month till he finds work.

    You could make an offer to pay say £50 a month (they probably will not accept less than that), or negotiate a payment with the bailiff on your naphews behalf and have your nepthew pay you back from his benefits.
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

    By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

    If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

    I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

    The Governess; 6th March 2012 GRRRRRR

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    • #17
      Re: Hi

      Originally posted by teaboy2 View Post
      Your safest bet would be the satutory declaration route - you will need to have a solicitor draw this up for you and counter sign it, declaring all property in the house as yours, your nepthew may also have to make one declaring the same.

      This will force them to go back to court and get an attachement of earnings order or estabish a sensible repayment plan based on your nepthews income and expenditure per month, which given hes on benefits will likely be just £1 a month till he finds work.

      You could make an offer to pay say £50 a month (they probably will not accept less than that), or negotiate a payment with the bailiff on your naphews behalf and have your nepthew pay you back from his benefits.


      Thanks for your quick response, teaboy2.

      Would I have to attach a Declaration Schedule of items to the Statutory Declaration?

      Cheers
      Clay

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      • #18
        Re: Hi

        Not certain on that but i suspect that stating all items, fittings, funiture and other property inside your house are your sole property, would suffice.

        Though the solicitor would beable to advise you more percisely on that.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment

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