Help Re debt

kevkj

Hi,
My son has just phoned panic stricken .

He has been through a few tough years with drugs but has now come out the otherside.

He and his partner have just had a baby and want to look forward to a new start.

They have been given rented accomodation funded by the council and moved in two weeks ago.

He has always used my address for his giro etc and correspondence .He has had more adresses than i care to remember.

He just rang saying he had just rang a debt councilor to try and make inroads and sort things out and they had put the fear of god into him regarding unpaid parking tickets(6 off) and debt from his past £5000 in total.He said the bailiffs could come to my house and take stuff even though my son does not live here,is this correct?

He wants to use his new address for everything and start a small business but is terrified Bailiffs will come and take his partners stuff and the newly born babys if he has all correspondence interests sent to his new address.

Any advice he really wants to try and make a clean breast of things but is worried about me and his partner losing possesions.

RAS

Hi

To whom has he spoken?

kevkj

Consumer credit counslling services

misspoppy

He needs to speak to someone like CCCS or paypal or CAB re his debts, these will not charge him a penny so all money will go to paying the money back sooner. With out all the details I wouldn't like to say anymore but its unlikely that baliff's would be sent for unsecured debts they would need a CCJ in order to do that.

kevkj

Can they come and take things from me when he does not live here?

He has his giro etc sent here.

RAS

Thanks for that. Where they are at is that if he does not, then, it is possible, eventually that it might etc.

I will post the bailiff advice web-site details in a minute, but first a few facts.

Bailiffs are only allowed to remove the property of the person who owes the debt, no-one else. If necessary his partner can swear a document (cost £5) to list all her own possessions and the childs and prevent the bailiff taking them.

So unless he has property at your house, they cannot take anything. I think he needs to ring CCCS, or contact one of the advisors who works these forums and make a formal complaint about the incorrect information he has been given.

More importantly, even with a PCN, bailiffs have to gain access to the house and as long as the door and windows are kept locked, they cannot get in. Both parties need to make sure they do not allow the bailiffs in, in the short-term.

With respect to the PCNs, it may be possible to get some of them rescinded. Herbie21 who runs the bailiff advice line is your woman for this. I would strongly advise your son contact her, even if the phone call costs money.

As for the debts, CCCS never get involved in disputes between clients and creditors, but there are a number of things that might reduce his laibility.

1. Reclaim any PPI.
2. Reclaim unfair charges
3. Request the CCA for any credit cards, loans or cataologues taken out prior to April 2007
4. Check whether the default notices are leggally compliant.
5. If the debts wer taken out more than 6 years ago, they may be statute barred.

kevkj

Thanks but what is a PCN and a PPI?
His main debt was a bank loan for a car he had four years ago ,he then lost his job and pranged the car.

Im not sure he even knows who he owes as he has had that many addreses and depts ,some seemed to just stop chasing him through change of addresses but now hes settled at one hes worrried.

Where should he start re the parking tickets?

They went to one of his old addresses but he has heard nothing since through moving,hes not sure whether to highlight where he lives now.

RAS

here is Herbie21's web-site.

please get your son to read it

www.bailiffadviceonline.co.uk

Then get him to sign up here and send her a pm, preferably linked to a thread here where she can find as much information as possible without compromising his anonimity.

RAS

parking ticket and payment protection insurance.

The latter is often added to the cost of loans and cards even when the client cannot benefit from it or it is more expensive than necessary.

The OFt have slated it and new rules will prevent this. Creditors have to refund where they have mis-sold.

kevkj

As regards his bank loan he never took out insurance as he was in the army services they said he would not need it.

Should he give them all his new address and tackle the dept or wait for them to find him?

kevkj

If necessary his partner can swear a document (cost £5) to list all her own possessions and the childs and prevent the bailiff taking them.

Could someone explain how i do the above regarding sworn document?