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Notice of Seizure signed by vulnerable person

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  • Notice of Seizure signed by vulnerable person

    My friend is a neighbour is a Thai person who cant understand written English and is unable to speak/understand English fully
    [she is estranged from her English husband]


    She was visited by her Landlord and an officer from Ross and Roberts concerning a Birmingham City Council council tax debt the landlord owed. The debt covered a period before she became the tenant and importantly it is the Landlord who is shown on the 'Form 7 Notice of seizure and inventory of goods' as the Debtor.

    She was asked by the Landlord to lend him £200 so that he could pay a sum towards the debt

    She agreed to do this and was asked by the Landlord to sign a piece of paper. She didnt understand what she was signing (see above - she cant read English) and did so - she now realises that this was wrong to do so

    However whilst she signed the signature field, the line below which requires 'Printed name' has the Landlords name and not hers, and as stated earlier the 'Debtor Name' field is clearly shown in the Landlords Name

    Ross and Roberts visited yesterday to seize goods as the Landlord had paid nothing since the £200

    He has also put the house up for sale and has left to go to Jamaica

    On the phone yesterday he agreed that he will instruct his solicitor to pay the Ross and Roberts from the sale of the property - expected to be completed at end of July 2013

    However Ross and Roberts are saying that they will still return once their lorry is free (maybe today, maybe tommorow) to seize the tenants goods

    Surely this is wrong ie the Debt is in the Landlords name, the Notice 7 signature was obtained from someone who clearly did not understand what she was signing and the Printed Name block does not match the signature name (ie it is shown as the Landlords name)

    Please advise if you can
    Tags: None

  • #2
    Re: Notice of Seizure signed by vulnerable person

    Does she have a Tenancy Agreement that shows she moved in after the dates the Liability order is for? What goods are listed on the Notice of Seizure & more importantly who do they belong to?

    Comment


    • #3
      Re: Notice of Seizure signed by vulnerable person

      What council is this, is it a crapita council I wonder. Either way as per ploddertom, are the goods the tenants property, and what does the tenancy agreement say?

      There is prima facie a problem for the bail;iff as he clearly ignored the vulnerability, but the LL is also culpable, possibly for fraud along with the bailiff..

      Comment

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