Proof of ownership

[povertypimp]

Re: Proof of ownership

Im really worried about this now because ive just read a thread and the people are saying even if you have receipts bank statements, statutory declaration etc the bailiff will just seize the goods anyway and claim they are jointly owned because you and your partner are cohabiting at the same address so they must be jointly owned.

http://www.legalbeagles.info/forums/...-me-a-warrant-!

http://thesheriffsoffice.com/article...-my-other-half

So does this mean they can seize my partners property no matter what?

[Kati]

Re: Proof of ownership

nope (although some will try - as evidenced by your links) - however, it all depends on if you can prove ownership (receipts/stat dec etc...)

[stevemLS]

Re: Proof of ownership

You need to quote paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

http://www.legislation.gov.uk/ukpga/2007/15/schedule/12

If you have conclusive proof of good which belong to your partner they may not take control of them. "An EA may take control of goods onlyif they are goods of the debtor".

You are two distinct individuals.

[povertypimp]

Re: Proof of ownership

Thanks guys you've put my mind at rest ( a little lol) so why in the other thread do these people seem to think there may be some kind of problem?

My partners financial affairs a totally separate from mine she has her own money and moved into my house after all my debt problems started i assumed she should be able to spend her money how she deems fit and if she wants to purchase something not have to live in fear of it been taken from her just because she is in a relationship with me and resides at the same property.

[stevemLS]

Re: Proof of ownership

Enforcement agents have been known to "bend" the rules and say pretty much anything to get payment.

If you have a stat dec clearly identifying your partners property which is backed up by receipts and statements showing that they were solely paid for by him/her (i.e. not from a joint account nor with a card associated with your account) then you should be OK.


They may well assert this deemed joint ownership but that is wrong, the statutory reference I've given you makes that clear.

But they will try it on.

Of course, you could avoid a lot of hassle by paying what you owe or trying to enter into a payment arrangement with the creditor.

[Kati]

Re: Proof of ownership

Thanks guys you've put my mind at rest ( a little lol) so why in the other thread do these people seem to think there may be some kind of problem?

possibly because the OP had let things progress before dealing with it? Honestly PP, if you can prove the items belong to someone other than you, your best bet is to make sure you have the paperwork to back it up. If an EA then took control of these things, they'd be in trouble!

K x

[povertypimp]

Re: Proof of ownership

Hi Kati many thanks for the responses it was the way every body was talking about the new law changes and seem to suggest if you live together everything is fair game

http://thesheriffsoffice.com/article...-my-other-half

in that link under the jointly owned section there is the summary and it says

A simple claim that the goods belong to the other half is not enough. Written proof of ownership (and the absence of joint ownership with the defendant) is essential to prevent removal and this should include purchase receipts and bank statements where applicable.

(and the absence of joint ownership with the defendant) what do they mean by this? does this mean no matter what proof you show they could just turn around and say well you live together so they must be jointly owned ?

Im sorry to keep asking lots of questions i feel really stressed by all this and my health problems are not good at the momment.

[stevemLS]

Re: Proof of ownership

If you look at the Schedule I referenced, there is a definition of "co-owned" as being goods in which the debtor has an interest, but the power of the EA is limited to goods which are owned, it does not extend to those which are co-owned.

[Kati]

Re: Proof of ownership

PP ... The way I see it, if you have the receipts (and a stat dec) saying that the things do not belong to YOU, then the EA cannot take them the main thing is to keep your cool (as muh as possible) and always keep as much 'evidence' as you can

K x

[povertypimp]

Re: Proof of ownership

http://www.consumeractiongroup.co.uk...-Viewing)-nbsp

Hi Guys on this thread some people seem to insinuate if you live with your partner everything will be classed as jointly owned.

Whats the point of having receipts and such if the EA isnt going to recognise them and just list everything as jointly owned?

If my partner left me i would expect her to take her belongings with her or does this mean i have a right to keep everything this is crazy

[Kati]

Re: Proof of ownership

http://www.consumeractiongroup.co.uk...-Viewing)-nbsp

Hi Guys on this thread some people seem to insinuate if you live with your partner everything will be classed as jointly owned.

Whats the point of having receipts and such if the EA isnt going to recognise them and just list everything as jointly owned?

If my partner left me i would expect her to take her belongings with her or does this mean i have a right to keep everything this is crazy

As [MENTION=48758]stevemLS[/MENTION] says in post #18 ... Paragraph 10 of schedule 12 Taking Control of Goods (http://www.legislation.gov.uk/ukpga/2007/15/schedule/12) clearly states

10 An enforcement agent may take control of goods only if they are goods of the debtor.

My advice up to now (stat dec and receipts etc...) is for your peace of mind. They are your proof (if needed) that certain things belong to your OH, and as such they cannot be taken in relation to a debt that is solely yours (much like an xbox or ps3 that belonged to your child couldn't be touched :tinysmile_twink_t2. Admittedly, you might get an EA who decides to ignore such paperwork, but they would be skating on thin ice (IMO). Regulations state that only the debtor's goods can be taken therefore anything your OH has bought for themselves is not included.

Have you let a bailiff into your property? Have they a list of items you are worried about them taking?

[povertypimp]

Re: Proof of ownership

What bailiffs can and can’t take
If you let a bailiff into your home, they may take some of your belongings to sell.

Bailiffs can take luxury items - eg a TV or games console.

They can’t take:

things you need, eg your clothes, cooker, fridge
work tools and equipment which together are worth less than £1,350
someone else’s belongings, eg your partner’s computer
You’ll have to prove that someone else’s goods don’t belong to you.


https://www.gov.uk/your-rights-bailiffs ... iff-visits

[povertypimp]

Re: Proof of ownership

Many thanks to all on this thread who have given me help and advice i appreciate it so much thank you:tinysmile_twink_t2:.