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Topic: Need advise, please  (Read 2424 times)

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Re: Need advise, please
« Reply #15 on: May 13, 2009, 06:47:31 PM »
I would recommend he hide it or give it to someone else for the time being..

Definitely.  Make sure anything like that is left with a trusted friend so that it "doesn't exist."   A friend had to do much the same with many of his possessions some years ago after being forced into bankruptcy. 

And there seem to be more legal avenues if someone busts into your house to serve a warrant and they were wrong. 

As the government site says though, remember that bailiffs are not permitted to force entry.  They may enter through an open door or window, but they are not permitted to smash their way in at any cost, nor to physically push their way past you even if you open the door to them.  But on no account whatever allow entry, even on some reasonable sounding pretext such as calling their office etc.  Once they have gained peaceful entry on any grounds, then they may return later and having been granted entry once may then force re-entry if they wish.
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Re: Need advise, please
« Reply #16 on: May 13, 2009, 06:58:11 PM »
Oscar winners don't actually 'own' the Oscar.  It belongs to the acadamy.  They have to sign something that they will return the Oscar.  So, it wasn't his to take away.
 

1. It doesn't belong to the academy, the owners are just not allowed to sell it without offering the academy a chance to buy it first for $1.

2. This rule was not in place until 1950. Any oscars awarded before then are fair game for sale, and one presumes, seizure to pay debts. So yeah, assuming it was awarded before 1950, it was his to take away.

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Academy Awards not protected by this agreement have been sold in public auctions and private deals for six-figure sums (Levy 2003, pg 28).

http://en.wikipedia.org/wiki/Academy_Award#Ownership_of_Oscar_statuettes
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Re: Need advise, please
« Reply #17 on: May 13, 2009, 07:04:39 PM »
 

1. It doesn't belong to the academy, the owners are just not allowed to sell it without offering the academy a chance to buy it first for $1.

2. This rule was not in place until 1950. Any oscars awarded before then are fair game for sale, and one presumes, seizure to pay debts. So yeah, assuming it was awarded before 1950, it was his to take away.

http://en.wikipedia.org/wiki/Academy_Award#Ownership_of_Oscar_statuettes

Fair enough, but I doubt very much that using it to pay off a debt would be allowed - therefore I don't think the baileffs could argue that it was theirs to take.  If it was won after 1950 that is, which we don't know.


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Re: Need advise, please
« Reply #18 on: May 13, 2009, 10:41:12 PM »
Thank you everyone for all of your advise.  He has tried to contact his local CAB, so hopefully they will be able to offer some sort of assistance.  As far as the medal 1) I hadn't had the nerve to even ask him about, as he has enough on his mind, and 2) he told that the bailiff took an inventory of his possessions, so If that happens to among them and he mails it to me, it will only cause more trouble for him.  Catch 22

From what I have read myself online, the bailiffs cannot take any of the major appliances, has they are needed for day to day existence.   
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Re: Need advise, please
« Reply #19 on: May 13, 2009, 10:48:58 PM »
OMGosh!! They can do this if you dont pay council tax??

Yes, they can.  You can go to jail for non-payment of council tax.

People on Income Support do not pay full council tax.  They pay about £15-£20/month, which they are expected to pay out of their benefits.

People on Income Support who are council tenants generally do not pay rent as they receive full housing benefit, although they may pay a small sum if the council has assessed their property as too large for their needs.


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Re: Need advise, please
« Reply #20 on: May 19, 2009, 01:53:32 PM »
Sorry to keep going so off topic, but the Oscar was awarded in 1981.  It may well be the case that the bayliffs wouldn't have been able to legally take it, but really, if I had an Oscar, or anything valuable and irreplacable like that, I'd hide it rather than argue the case!

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Re: Need advise, please
« Reply #21 on: May 19, 2009, 03:08:44 PM »
Beds, sofa, possibly washing machine cooker that type of thing, anything essential for daily living.

They can take your vehicle tvs that stuff I believe.

But if he is on income support then he should be getting the CTax paid I would think he really needs to get intouch with someone asap. either the council or a solicitor or CAB.

Good luck

Indy


Re: Need advise, please
« Reply #22 on: May 19, 2009, 03:34:51 PM »

But if he is on income support then he should be getting the CTax paid I would think he really needs to get intouch with someone asap. either the council or a solicitor or CAB.


Even on IS, you still have to pay a small amount of CT.  You are entitled to full HB and CTB, but generally pay about £15-£20/month out of your benefit for CT.

SIL was on IS for years and is now on income-based JSA and still pays £15/month in CT.  No rent, though (she's also a council tenant).


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