Bailiffs for son's debt

Standingtall

Hi all. I started a thread yesterday about being very worried about my son's debts and asking some questions. Thank you to those who responded.

I still do not have answers however to some of the queries. I won't repeat the background again and will keep it short;

If my son's payday loan ends up as CCJ and he doesn't pay resulting in bailiff involvement. Can the bailiffs come to my home? If so, can they take anything? Everything in this house belongs to me, not my son, including things in his bedroom.

Thanks in advance

kaya

NO they cannot take your property, but it is up to you to satisfy them that the property at the address is yours and not his , they will assume its his for the purposes of reclaiming the debt as the warrant they will have will be in your address, the form below will effectivly tell them that everything in the house belongs to you and not to your son:
here is a copy from an earlier post i did

dont panic, if they have not levvied on your goods yet(they cant have as you havent let them in) , fill out the below template altering as nessecary to suit your purpose, take it to a solicitor with the person you are giving your goods to and they will witness and rubber stamp it for you, no appointment needed and a nominal fee of £5, give this to the bailiff when they return and watch them leave, they can only take goods belonging to the person named on their paperwork, anything else is regarded as theft, i have used this template myself, however this doesnt make the debt go away and you should contact the court asap to make some ammicable payment arrangements, this affadavit when sworn and witnessed is law and they know they cannot subvert it , please dont panic too much-intimidation is the name of their game::


I (insert oh's name and address here)
make this statement knowing that it may be presented to a Court and believing the contents to be true.

1. I am the lawful owner of the aforementioned address and own all its contents and I declare there is no entitlement enabling anyone to change ownership, possession, location, use and enjoyment of my goods or deprive me of them for the purposes of using it as leverage for obtaining a money transfer from somebody else.

2. I further declare that any bailiff or person seeking a money transfer from somebody else including members of my household may not consider my goods property and chattels to be prima facie to be the property of, or belonging to somebody else.

3. This statement will be served on a firm of bailiffs known as

of by ordinary course of post and will be considered good service under Section 7 of the Interpretation Act 1978 as they have made a threat to convert my goods to somebody else’s use.

4. I believe that the facts given in this statement are true.


[NAME] _______________________


Date__________________________


Sworn before me:


______________________________
An officer of the Court/commissioner for oaths

MusicalLawyer

I think you may be getting ahead of yourself with bailiffs and CCJs.

I had a payday loan in May 2009 which I only arranged to start to make payments off of in September 2011.
I've defaulted, but no bailiffs or CCJs have been involved.
Your son will have an opportunity to pay it off if it goes to a debt collector a they're more likely to accept smaller sums than the actual company. Though he can call them and tell them the situation as Wonga offered me lower payments but they just weren't low enough at the time!

Standingtall

KellyKing1987 wrote: »

I think you may be getting ahead of yourself with bailiffs and CCJs.

I had a payday loan in May 2009 which I only arranged to start to make payments off of in September 2011.
I've defaulted, but no bailiffs or CCJs have been involved.
Your son will have an opportunity to pay it off if it goes to a debt collector a they're more likely to accept smaller sums than the actual company. Though he can call them and tell them the situation as Wonga offered me lower payments but they just weren't low enough at the time!

Yes i know but when I have THE discussion with him I am hoping to scare him into facing up to his actions and dealing with his debts. He is arrogant and thoughtless, selfish and bullying. Then again he is young. A terrible picture that isn't it:(. He is not all bad but I can honestly sayi don't like or respect my son anymore.

MusicalLawyer

Ahhh makes sense now! If my mum told me this when I was younger I would have **** myself about Getting in to debt!

Good luck with the conversation with him hope he bucks his ideas up, for your sake

Did you say he earns £300pm? Can he not get extra hours at work or is he on some type of apprenticeship?

Standingtall

He works part time at a petrol station. He works all the hours they give him to be fair but that is then it, averages the £300. He is to lazy to apply anywhere else although is someone walked up to him and said come work for me that he would do it. Lacks initiative.:mad:

camuk81

Just thought I would pop on a few links, so you can aware of your rights and what to do


http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289

This one covers bailiffs and council tax however its very good at pointing our rights.

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax