That knock on the door!!

[Any Chance]

Hi,
In the last couple of weeks I had a knock at the door and a man with a letter for xOH they only had this address for him..

I asked who it was from and what it was about and how did he get this address ...to which he replied he couldnt say ..data protection...i said well if someone is getting my address i want to know who. Any way the guy showed me some ID and he works for the London court i think form what the ID said. I admit I was flustered and didnt really fully take in who he exactly was.

Any way he gave me the letter which when xOH turned up (he sees the children almost every day) I gave to him and he opened it and it showed total amount of debt and the words 'seizing goods from your home' were in there.

At the moment he lives in a room in a pub he pays 70 a week for as his own pub he took on (after leaving a decently paid job) went under and he accrued more debt on top of his old debts on another debt management plan.

So the man must have been a debt collector I presume with court backup to seize goods....do you know what i need to do if he calls again, is my home at risk?

I feel a mixture of sadness for him (xoh) and anger and fear whats to come next who will be knocking at the door chasing his debts.

Since this happened a couple of weeks ago it has all been quiet

[ODC]

Re: That knock on the door!!

Contact the court listed ASAP and inform them that your OH does not reside at the address.

[Bill-K]

Re: That knock on the door!!

Try and get a written acknowledgement of this ASAP, as well, I suggest, AC.

[pepsie]

Re: That knock on the door!!

Quite simply...if the goods in and around your home belong to you then a Statuatory Declaration to that effect can be drawn up, take it to a solicitor where you will be asked to swear on oath the declaration is true and he/she will duly sign this.cost is between £5-£10 Send a copy to the bailiffs, keep further copies to hand and if they continue to harass you call the police and show them a copy also.

Pespie

[Bill-K]

Re: That knock on the door!!

Excellent suggestion Pepsie. That is the same cost as - or less than - a DSAR !!!

[CleverClogs]

Re: That knock on the door!!

AC, if your former OH's debts are merely civil debts, the bailiff may not lawfully force entry to your home.

Nor, since the Married Women's Property Act 1882 - link - could you be considered a feme covert or have any of your property, goods or chattels seized to satisfy his debts.

Nor might any bailiff, as a 'payment in kind', avail himself of any conjugal rights your former OH might still retain.

And always remember:

Bailiffs tell lies.

[Any Chance]

Re: That knock on the door!!

I have asked him for the document to have another look at details but he hasnt produced it yet.
He says he is paying his outstanding debts monthly through buisness debt charity

[ploddertom]

Re: That knock on the door!!

I would strongly suggest you may have been visited either by the County Court Bailiff or a High Court Enforcement Officer and would urge your OH to check his credit file as I suspect he will have a CCJ listed. In the meantime to protect yourself and your property follow Pepsie's advice.

[Any Chance]

Re: That knock on the door!!

Mmmm he must have a CCJ then....... I just rang him to ask and he says he thinks so but doesnt know....he hasnt phoned the court just spoken to the man that knocked on the door...he says he has no paper work.

What a mess

how do i get this statutory declaration?

I still have his name as well think it may be time I changed it although this will be confusing for the children

[Any Chance]

Re: That knock on the door!!

I was wondering that as I have been paying the mortgage for the last 3 years can the mortgage be put just into my name? and the deposit was funded with my money?

[CleverClogs]

Re: That knock on the door!!

I was wondering that as I have been paying the mortgage for the last 3 years can the mortgage be put just into my name? and the deposit was funded with my money?

I can perceive little/no reason why it shouldn't be, but you'd have to discuss it with your mortgage provider and your former DNA donor.

How are you listed on the house deeds - as joint tenants or as tenants in common?

[labman]

Re: That knock on the door!!

STATUTORY DECLARATION




To:





I (your name)



of (your address)


Do solemnly and sincerely declare that:



the items listed (list them)
are not the property of (your ex OH's name) and have always been my sole property


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 and Section 5 of The Perjury Act 1911.



Signature:




Declared at



On the day of two thousand and eleven




Before me




A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for Oaths

[Any Chance]

Re: That knock on the door!!

sorry very late in updating,
initially I was put off in doing anything re legal side of things as had no money to pay for it and I have been hoping it would all go away as feel I have had my fair share of trying to sort out the last load o problems and with a new stressful job ...blah blah

...anyway of course this sort of stuff doesn't just go away (shame!), and after a second visit from some sort of debt collector type person, who told me that the company was going to put a charge on the house and could force a sale, I realised that things were prob escalating on this front.

x OH has informed me he is going to apply for bankruptcy.
I am sure the house is in negative equity but he has said that apparently just in case it isnt I need to buy his share of the equity (he has said this could range from 1 pound to 1000) also there is only 2 local people that can do this for me and it will cost around £750

Not sure how to get £750
just had to find £300 for the car service flippin heck the brown stuff is heading my way from a great height!! and I think someone has switched that fan on again.

My worries are
I don't really understand what can happen with the bankruptcy, how it will affect my home, me and my children?
How do I know what type of legal person to see? does it have to be an IP?
How much should it all cost? (where the heck i will get the money from!)
Will it protect my home if I do this, and how will it affect my mortgage?

Thanks for any advice you can give

[pepsie]

Re: That knock on the door!!

You will not lose your home...it is common for the OR to transfer the deed to the party not applying for Bankruptcy for a minisual amout especially where the home has children residing within.

If you still follow my advice as given in post #4 and simply adapt the daclaration given by labman in post #12 (it will cost you between £5-£10 at any high street solicitor) to state your OH no longer resides at the address etc. then YOUR problem ceases as soon as you send/hand a copy to the Bailiff...your OH can go ahead as planned but what he does will not concern you.

Pepsie

[CleverClogs]

Re: That knock on the door!!

sorry very late in updating,
initially I was put off in doing anything re legal side of things as had no money to pay for it and I have been hoping it would all go away as feel I have had my fair share of trying to sort out the last load o problems and with a new stressful job ...blah blah

...anyway of course this sort of stuff doesn't just go away (shame!), and after a second visit from some sort of debt collector type person, who told me that the company was going to put a charge on the house and could force a sale, I realised that things were prob escalating on this front.

I refer you to post #6 (link) and repeat:

Bailiffs tell lies.

Should you have any more calls regarding this alleged debt, please photograph the caller's identity card as it seems you cannot recall if he is a bailiff or merely some sort of debt collecting wallah who claims to have been sent by some court or other.

Whilst a creditor may secure an unsecured debt by obtaining a charging order on a property that the debtor wholly or partly owns, that will not confer on the creditor any right to force the sale of the property. Therefore, whoever told you otherwise is a liar and it would be nice to know in what occupation he is employed to tell lies.