Brothers debt killing our mum, please help

RobertoMoir

spursfan wrote: »

Hello, hoping someone can help as really need some advice

About 2 years ago my brother was living with our mum and one day he just upped and left. He left behind his car (for what it was worth) and a few bits in his room. Also he left behind bank loans, credit cards and other bills. The car was taken away due to road tax issues and today my mum had a card through the door from a baileff. She had told me about letters she had received and she tried to tell them he does not live there she even sent through her rent book to one of them as they asked for it to prove that the house is in her name. After receiving it they decided not to accept it.
They are now hounding her, what can she do? This is not her fault, my mum is 66 and still works part time to supplement her pension but she does not have themoney to pay this and she does not need this at her age, she is not well and I dont know what to do to help her short of going over to the UK (I live overseas now) and waiting for the scum with a baseball bat.
I last saw my brother about 7 months ago when he called me out of the blue and we met up over here but that was for about an hour to say he was alive and then he was off again.
I would appreciate any advice as I cant believe that these people, if Ican call the rats that, can hound a pensioner like this when she didnt even know about the bills until the letters started to arrive.

Thanks in advance

Your brother's debt is not your mother's problem. She is not liable for it and the bailiffs have no right to be on her property, let alone ask for money or threaten to remove goods.

If they return she should call the police and report a trespass and that she's also worried about the prospect of assault. She shouldn't open the door to them or talk to them (not that they have the "power" to do anything, but clearly they're either very stupid or trying to bluff, and its easier to just avoid the issue).

RAS

By the way, Roberto was a bailiff for a short while.

RobertoMoir

it felt like longer when I was actually doing it!

RAS

Look at it this way: you learned valuable lessons which you have shared usefully and your thanks count proves it. if you were not around we might have to send someone in undercover to learn the same info?

RobertoMoir

In all seriousness, I'm glad I don't do the job any more but I learned a heck of a lot about life while I did it, you really do get to see the best and worst of life. And it's the only job I've been sacked from and the one job where I can actually be proud of being sacked for not meeting my targets ;-)

rog2

spursfan wrote: »

The letter stated that an officer called to collect payment and that they will return and in certain circumstances will be able to enter the property to take goods.

Those are the important words, spursfan - 'in certain circumstances'.
The circumstances of your mother's situation do not give them the authority to either enter her property or to sieze any of her property.
If they turn up again, and do not leave immediately when she tells them that the person they are looking for does not live at her address, then, as Roberto has suggested, she should not be afraid to call the Police.

spursfan_2

Hi Everyone
Well this problem is just not going away and today a rep from Marston arrived again. He stated that unless the debt is settled the Court will issue an arrest warrant as the fine is for Car Tax and that on Friday they will return with the Police and the Warrant.

Does this sound right? If its going to be an arrest warrant (an arrest warrant for court fines?) then I think I may just pay the bloody thing as my mother really needs this to go away and she is now worried even more because my brother will have a warrant out on him.

I have had enough of this and I am not even there going through the experience, I cant believe that these people can act the way they do.

Cheers

anh1904

PResumably the car was registered in your brother's name, not your mom's?

myothercarisaferrari

Bailiffs are the scum of the earth.

I had trouble with them last month.

Is it worht you phoning up and speaking to a senior member of staff? The debt isn't in her name, so she shouldn't have aynthing to worry about x

lainey_stardust

hi there,
Marstons bailifffs can be very nasty but i would suggest contacting the court where the fine was issued and asking them to recall the debt. They may also suggest contacting DVLA to inform them that your brother is no longer at the address. They might ask for info as to where he is now but if your mum insists that they are estranged and that there has been no contact for a while , they should accept your mums explanation. I would strongly recommend that your mum gets in touch with either CAB or Age Concern as their debt advisors will know exactly what to do and will act on your mums behalf, with her permission.
An arrest warrant can issued for non payment of car tax but the bailiff is not allowed to discuss the matter with anyone except the person named on the account. He should therefore leave as soon as your mum tells him your brother isn't there. If he continues with this bullying, a complaint can be made to the bailffs officer at the court.