Bailiffs for a debts that aren't mine

chewits

My nephew stayed with me for a few months last year. This week 2 letters have come to my address for him from Marston High Court Enforcement Officers & Certificated Bailiffs. They are for court fines. One is for a Drunk and Disorderly Charge, totalling £365.00, the other is for Theft from a shop, totalling £929.01. I have emailed him, and he has replied with a copy of an email he's sent to them advising that he doesn't live at this address. However, he hasn't given them another address

The letters state that if full payment isn't made within 7 days (which takes us to today) that they will attend to levy distress (???) and seize goods for sale by auction.

Does anybody know what I should / shouldn't do? Obviously if they come to the door I won't let them in. But I'm worrying about other scenarios, I have a 14yr old son, what if he lets them in? Also, will it affect my credit rating (which is good) ?

I don't have an address for my nephew, as far as I know he is couch surfing between friends. Any advice greatly appreciated, I'm really getting worried about this xx

chewits

I meant to add, there isn't a phone number on the letter, except for an automated payment line

paulmapp8306

Ring the court - tell them the situation and that you dont have either a contact number for the collections people OR an address/contact for your nephew at present.

the debt is collected on their behalf - so they can stop the collections agency for you.

DVardysShadow

14 year old son - I don't think bailiffs are allowed to accept entry given by a minor.

Immediate actions - a Statutory Declaration from a solicitor to cover the fact that the nephew is not at the address and none of his goods are present. And a letter to the court - not just a phone call. A copy of the Statutory Declaration would be helpful

vax2002

why are you opening the letters if he does not live their ?
Do not let the bailiff in, talk to them from an upstairs window, tell them this person does not live here now **** off !
Close the window and let them bang their hands red raw.

Dont expect the police to help, they are sub servants of the system.

DVardysShadow

vax2002 wrote: »

why are you opening the letters if he does not live their ?

If OP had not opened them, they would not know that there is a problem would they? Or that the 14 year old son may be confronted with bailiffs.

Given what we now know, OP should open every scrap of mail to the nephew you assess the potential threats.

If anything comes through your door with your address on it, you should understand what it is about.

RobertoMoir

chewits wrote: »

My nephew stayed with me for a few months last year. This week 2 letters have come to my address for him from Marston High Court Enforcement Officers & Certificated Bailiffs. They are for court fines. One is for a Drunk and Disorderly Charge, totalling £365.00, the other is for Theft from a shop, totalling £929.01. I have emailed him, and he has replied with a copy of an email he's sent to them advising that he doesn't live at this address. However, he hasn't given them another address

The letters state that if full payment isn't made within 7 days (which takes us to today) that they will attend to levy distress (???) and seize goods for sale by auction.

Does anybody know what I should / shouldn't do? Obviously if they come to the door I won't let them in. But I'm worrying about other scenarios, I have a 14yr old son, what if he lets them in? Also, will it affect my credit rating (which is good) ?

I don't have an address for my nephew, as far as I know he is couch surfing between friends. Any advice greatly appreciated, I'm really getting worried about this xx

You've got no real reasons to worry, though I appreciate that you're distressed to have to deal with this problem at all.

• Bailiffs can only seize property owned by the debtor - you're not the debtor and your stuff isn't their stuff.
• The debtor doesn't live at your address - it is not for you to prove that you are not the debtor should they call, but for them to prove that you are... which will be difficult when it really isn't you!
• Bailiffs can't be granted legal entry to enforce a debt by a minor - they should know this and walk away with no more than possibly leaving a sealed letter should a minor open the door to them.
• Debts are recorded against a person, not an address, so your credit should not be affected by the actions of someone else.

DVardysShadow's suggestions about a SD is a good one. As usual.