Statement of truth "i own nothing"

by Kestrel Wed May 16, 2018 6:26 pm

Quite some time back I suggested that to overcome bailiff visits that to swear an affidavit at a solicitors to state you own nothing but someone suggested that you could just get a family member or along those lines to sign such a declaration instead.

Can anyone remember/confirm how that is done again?

Thanks.

by **assassin** Wed May 16, 2018 7:05 pm

Signed in tripartite form which uses three people to act as witnesses to your signature.

This document form is irrelevant as it is the content which is more important and as long as it contains the wording "Affidavit Of Truth" in bold letters as a heading, then it is an Affidavit of Truth.

Most important is the signature, and the witnessing of the signature which is why your solicitor will draw up the document and then take you to another solicitor to witness your signature and they get paid £4 to witness this act and most of the time this £4 goes straight in their pocket.

by **daveiron** Thu May 17, 2018 7:43 am

This is what I did many years ago, I had a receipt from my father-in law at the time ,that stated that he had bought the entire contents of my house for the sum of --- .When I got a letter from a bailiff company I showed them the receipt ,and his exact words were " ah well there's nothing I can do then." Thats the last I ever heard.

What I have done more recently ,regarding a credit card account bought by a debt purchaser .is I just sent them a letter stating " I do not own my home ,I do not own a vehicle ,All items,goods & property in or upon the land known as
xxxxxxxxxx are not owned by me and I hold title to nothing" That has done the trick .i have a back up sale agreement & receipt should I ever need it .No one has ever asked for proof or questioned it.
That said having it witnessed or notarised should give it all the weight needed.

One thing to remember is this must all be dated before any bailiff involvement.

by Ausk Thu May 17, 2018 10:16 am

It is not necessary to get An affadvitt of Truth written by a lawyers.

There are plently of them on the net to use as templates. Getting it signed by a Notary is plenty good enough.

Lying in an Affidavit Of Truth will get one sued into oblivian and they will very soon end up being as they claimed they were.

From what I read, in this day and age its not too difficult to find somebody and research them to find out what property they own.

by Guest Thu May 17, 2018 2:34 pm

by Ausk Sat May 19, 2018 8:53 am

In my jurisidiction the court can undo any finanical transaction within the last 12 months if they think it was entered into for the purpose of evading a court judgement.

Is this something that should be considered within the context of this matter?

by **daveiron** Sat May 19, 2018 9:15 am

H Ausk,

I believe over here that can apply for a trust ,I believe its called a sham trust, however I have never heard of that for a simple transaction.
From memory this was in the news several months ago ,in relation to elderly folk passing their homes to a relative before they need to go into a residential home ,to avoid the home being sold to pay for their care .I believe the BBC rolled out some barrister to say they could not do this this to avoid care costs , but this was soon rebuked .

by **assassin** Sat May 19, 2018 12:31 pm

You can do this as long as you do it 6 years before any actions are taken, if you do it 6 years before anyone needs to go into a residential home or needs full time care then you are fine. They appeared to put the 6 years in place to stop the legal profession using loopholes to do this weeks before someone went into care, and the legality of the 6 years is in question as a trust becomes binding when the documents are signed.

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