We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Bailiffs
sleepystar1975
Posts: 509 Forumite
Hi All, not sure if I have posted in the right thread, so Mods, please feel free to move this post if there is a more appropraite part of the forum.
I am looking for any facts and/or advice.
My Mum is a 64 year old disabled widow, living on all the appropriate benefits, she still has my older sister and my youngest brother living with her (her fault - she cooks too good, she just can't shake them off!)
She phoned me in tears this morning, I couldn't understand what she was saying, so I went round to her house to see what was wrong.
She was clutching a crumpled up letter adressed to my brother (age 25). He had borrowed her car, and she'd found it screwed up in the door pocket.
My brother had got a court fine earlier in the year for a driving offence, and this letter was from a bailiff company saying he hadn't paid for a while, and ignored previous correspondance, so he had 7 days from the date of the letter (June 22nd) to pay up the £600, or they will send the bailiffs to the address.
The 7 day deadline has obviously came and went, and my brother has sloped off to his mates house for the last few days, and refusing to answer his phone.
Mum is beside herself with worry. She is already paying of a provident loan of his, as she didn't want bad debt registered against her address. She cannot afford to pay off this debt too, in any form.
Where does she stand should the bailiffs turn up? I am fairly convinced that they can only take my brothers property, and not hers or my sisters. But my brother doesn't actually own much apart from his X-box and a tv. Mum watched all those "fly-on-the-wall" documentries, where the bailiffs will take anything regardless of ownership, so is convinced they'll take her washing machine and oven.
Can she refuse access to bailiffs? It is her home, and not my brothers. She has no adress for the friend where my cowardly brother is hiding out, only my brothers mobile number - which he is not answering.
She is talking of selling her jewellery to pay off this debt, which I think she shouldn't do, it's his debt, and his problem, and with short notice, she wouldn't get full market value for her jewellery anyway, so may get ripped off.
My sister and I are both in no financial position to help out either, but part of me doesn't want to even if I could, as I know I'd never get it back from my brother, he already owes me a lot of money.
Should she phone this company and explain the situation? I think she wouldn't get anywhere, as they have probably heard every excuse under the sun, so have no reason to believe her.
Any advice would be gratefully recieved, I can't watch my Mum in this state.
Thanks in advance
I am looking for any facts and/or advice.
My Mum is a 64 year old disabled widow, living on all the appropriate benefits, she still has my older sister and my youngest brother living with her (her fault - she cooks too good, she just can't shake them off!)
She phoned me in tears this morning, I couldn't understand what she was saying, so I went round to her house to see what was wrong.
She was clutching a crumpled up letter adressed to my brother (age 25). He had borrowed her car, and she'd found it screwed up in the door pocket.
My brother had got a court fine earlier in the year for a driving offence, and this letter was from a bailiff company saying he hadn't paid for a while, and ignored previous correspondance, so he had 7 days from the date of the letter (June 22nd) to pay up the £600, or they will send the bailiffs to the address.
The 7 day deadline has obviously came and went, and my brother has sloped off to his mates house for the last few days, and refusing to answer his phone.
Mum is beside herself with worry. She is already paying of a provident loan of his, as she didn't want bad debt registered against her address. She cannot afford to pay off this debt too, in any form.
Where does she stand should the bailiffs turn up? I am fairly convinced that they can only take my brothers property, and not hers or my sisters. But my brother doesn't actually own much apart from his X-box and a tv. Mum watched all those "fly-on-the-wall" documentries, where the bailiffs will take anything regardless of ownership, so is convinced they'll take her washing machine and oven.
Can she refuse access to bailiffs? It is her home, and not my brothers. She has no adress for the friend where my cowardly brother is hiding out, only my brothers mobile number - which he is not answering.
She is talking of selling her jewellery to pay off this debt, which I think she shouldn't do, it's his debt, and his problem, and with short notice, she wouldn't get full market value for her jewellery anyway, so may get ripped off.
My sister and I are both in no financial position to help out either, but part of me doesn't want to even if I could, as I know I'd never get it back from my brother, he already owes me a lot of money.
Should she phone this company and explain the situation? I think she wouldn't get anywhere, as they have probably heard every excuse under the sun, so have no reason to believe her.
Any advice would be gratefully recieved, I can't watch my Mum in this state.
Thanks in advance
**This space is available to rent**
0
Comments
-
That is horrible.
Tell her not to panic. She has nothing to worry about financially.
The bailiff is only allowed to take his property, and they can only do that if she willingly gives bailiffs access to the house. Once they are in they will want you to sign a walking possession order, and they do not have to leave this is why you must keep them out. If she, nor your sister/brother let them in they cannot take any belongings. If the bailiffs get in touch it is worth while writing/talking to them to noify them he is no longer living at the address (ran off to a friends) and that he does not have anything of meaningful value stored in the house anyway, and this is HER house so everything belongs to her.
If bailiffs levy anything that does not belong to him, (i.e. the car, the oven) it is invalid. Bailiffs cannot levy many household goods anyway for health and saftey reasons. If a bailiff takes anything not belonging to your brother it is theft and you can notify the police of such actions.
I myself would say this is the last straw and notify him you are stopping the provident loan payments too. By the way provident are about as low as you can go (aside from PayDay Loans) for getting a loan. They charge a fortune and generally get people into debt more.
More advice here - http://www.bailiffadviceonline.co.uk/Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Thank you SO much your replying DarkConvict, I'll print it off and take it to Mum.
I keep telling her she should not offer to pay any of my brothers debts, as he won't learn while she's bailing him out. She is also worried that there may be more debts that he's gotten in to that he's ignoring now.DarkConvict wrote: »By the way provident are about as low as you can go (aside from PayDay Loans) for getting a loan. They charge a fortune and generally get people into debt more.
She didn't realise he'd taken that out till the man started showing up on the door. He's probably burnt his bridges while more decent loan companies, and this was the only place that'd give him money.
He hasn't paid my Mum any board money for months, just gives excuse after excuse, I could wring his scrawny neck, I really could!**This space is available to rent**0 -
She's just been in his room and found more sealed envelopes that look like debt letters, I just wish he would face his responsibilities. If I were Mum, I'd wait for these bailiffs to turn up, and just have a bag ready by the door with all his stuff in, his X-box and telly and anything else he has, and just pass it to the bailiffs.**This space is available to rent**0
-
I know the feeling, my moms friend who i have been discussing on the bankruptcy board seems to do stuff at a whim from CC's to mobile phone contracts. They have got of scot free again as since due to illness the BR has been ended early with no repayments required (3rd time BR). If people are bailed out they will always rely on it happening in future. They left BT the other month to save money, but now want BT back and want to cancel the mobile phone...Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Just to add to the great advice DC has given, your mum doesn't need to worry about bad credit and the address. Credit ratings go on the person, not the address, so she wont be affected by that.Unless I say otherwise 'you' means the general you not you specifically.0
-
Just to add to the great advice DC has given, your mum doesn't need to worry about bad credit and the address. Credit ratings go on the person, not the address, so she wont be affected by that.
Thanks Ames, Mum is a natural worrier, so this has just sent her into pieces.
Should she get hold of my brother, he is so flippant about it, and won't give a hoot, he takes no responsibility for his problems.
I always told her she should have stopped having babies after having me:)**This space is available to rent**0 -
Absolutely do not contemplate doing this. In passing anything out, you will give the bailiffs entry.sleepystar1975 wrote: »She's just been in his room and found more sealed envelopes that look like debt letters, I just wish he would face his responsibilities. If I were Mum, I'd wait for these bailiffs to turn up, and just have a bag ready by the door with all his stuff in, his X-box and telly and anything else he has, and just pass it to the bailiffs.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
Ok, I'll tell her not to do that, I just don't want them back on her doorstep, and for my brother to make the loss, and not Mam, she's always clearing up his mess.DVardysShadow wrote: »Absolutely do not contemplate doing this. In passing anything out, you will give the bailiffs entry.
I'm thinking of going to drive round the streets where I think his friend lives, and seeing if I can spot his car, at least (even if we don't give the bailiffs this address) we can get in touch with him, and try to get him to face his mess (not holding my breath though**This space is available to rent**0 -
A court fine going unpaid may end up in a short term in prison. It'll only be for a few weeks but it may make him think about something.
He may be avoiding the bailiff because he simply doesn't have any money and doesn't know what to do so wringing his neck won't help if there isn't anything he can do about it.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
A court fine going unpaid may end up in a short term in prison. It'll only be for a few weeks but it may make him think about something.
He may be avoiding the bailiff because he simply doesn't have any money and doesn't know what to do so wringing his neck won't help if there isn't anything he can do about it.
He has money to spend on his social life. He also finds money to smoke the funny stuff, and his fishing hobby. Just never finds the money to pay his dues. Mum has bailed him out before, but she can't (and shouldn't) keep doing it.
A spell in prison may shock him into doing something, but if anything it'll probably pump up his ego, he likes to think he's a tough man.**This space is available to rent**0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.5K Banking & Borrowing
- 253.7K Reduce Debt & Boost Income
- 454.5K Spending & Discounts
- 245.5K Work, Benefits & Business
- 601.5K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.5K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards