Need to know rights

bumbleberry68

Not sure where to post this. But here goes. My son recently took a job where he pounds the streets asking people to sign up to charities 12 hours a day, 6 days a week for peanuts, them dangling in front of him in 10 months he will own his own franchise anywhere in the world and earn £3000 a week. He doesn't face reality, never has.

He lives at home and I've had 2 phone calls over the last 2 days asking to speak to him, he's at work, I ask who it is, loan companies, he's been rejected (of course true to form he denies applying for loans), his credit is bad because he won't open his post and has subsequently got into problems over the last 5 years (he's 22). I have just opened a letter addressed to him as it's been sitting on the stairs unopened for a week. I already know that's wrong but am terrified of the bailiffs knocking at the door when my eldest is here as he will be so frightened he'll just let them take anything in the house. The letter was from Wonga (goody), for a loan for £55 and pay it back in 30 days at £78.65, not a lot but now he knows where he can get money this will be the start. Now seeing that his first pay check was £23.80 for 70 hours work, I'm in the real world and can see he can't pay it back. Wonga isn't the only ones to worry about, he is self employed therefore he is supposed to be doing his own national insurance and taxes (which I know he won't do).

Therefore I would like to be ahead of the game and the people in the house what to know our rights if the bailiffs come knocking on the door. He has virtually nothing, a bed, wardrobe, chest of draws, lap top (about 4 years old), TV and bluray player. Everything in the house is ours. We have receipts for all our stuff, but if they come when my eldest is here and they take stuff that is ours, how do we get it back? Do bailiffs have the right to enter the property?

Tixy

Hi

Hopefully son is still a long way from bailiffs turning up at your door.

Bailiffs can only be instructed if a creditor successfully takes him to court and obtains a county court judgement against him. If he doesn't pay that judgement then bailiffs could be instructed.

Its possible (unlikely) debt collectors/door stop agents may turn up asking for him. These people are not bailiffs and have no rights at all.

If the worst happens and he ignores his debts, and does end up with a CCJ and doesn't pay it and if bailiffs are instructed then

No a bailiff does not have a right to enter the property. Do not let them in, make sure nobody else lets them in.

Hopefully you can talk to son and get him to see sense over this debts so it never gets as far as CCJ.

McKneff

Baliffs cannot attend until a court case has taken place and a CCJ has taken place against your son.

They cannot take anything that does not belong exclusively to him.

bumbleberry68

Thanks, since he was 17 I've tried to talk to him about non payments of stuff, started off with insurance for his moped direct debit, then it was mobile phone bills, then gym membership. I used to get panicky and then open all the mail laying on the floor unopened, letters from mobile phone companies saying they were sending the bailiffs in. I made him sort it, he was holding the phone in tears too scared to call them to sort it, so you would think he would then not want to get into that position again and start opening his mail, but no.

If I try to talk to him, he just lies, he appears to be a compulsive liar. He's even gone as far as when he wasn't paying his moped insurance I took his moped keys off him because he may not be insured, of course he said the insurance company had got it wrong and were lying. I asked him to show me his bank statements so I could see he'd been paying them, he copied and pasted his bank statement into word, added insurance payments, but hadn't adjusted the amount in the last column so it didn't add up!! If I didn't laugh I'd go crazy!

bumbleberry68

Does he attend court for a CCJ hearing? Does a letter just come through the post? Because he wouldn't open it.

Door step collectors, would they be used by companies like Wonga or do they go down the correct channels?

If they do take stuff that does not exclusively belong to him how do we get it back?

Can people still get loans with people like Wonga with a CCJ against them?

A CCJ would actually be a good thing for him, I mean he pays £25 a month for a premier account with Lloyds, but has no use for any of the services. Duh.

Tixy

For court proceedings a letter comes in the post.
To which he is expected to respond to admit or defend against the debt.

If he ignores it altogether (e.g. if he doesn't open it) then the CCJ is automatically granted and becomes payable in full.

If he still doesn't pay (because he still hasn't opened his post) then the creditor can take enforcement action i.e. instruct bailiffs.

If he got a CCJ then most lenders would stop lending to him, although I believe some payday lenders will sometimes continue to lend.

If bailiffs are allowed in to the home then they don't take the goods there and then, they place a levy on them. Then if the debt remains unpaid they come back to retrieve the levied goods.

So if they levy on something that is not the debtors then you'd potentially then need to write to them to declare that the goods did not belong to the debtor.

Some useful advice on the pages of this website http://www.bailiffadviceonline.co.uk/walking.htm

But you need to stop this from getting to the bailiff stage. You need to do something to get him to see the seriousness of his situation - perhaps suggesting that either stops borrowing and starts repaying his debts or moves out.

bumbleberry68

Thanks, will let others in the house know this. I thought bailiffs could take stuff on the spot so good to know. He's taken out a loan with wonga to buy gta5! Numpty!

R_P_W

bumbleberry68 wrote: »

Thanks, will let others in the house know this. I thought bailiffs could take stuff on the spot so good to know. He's taken out a loan with wonga to buy gta5! Numpty!

Sounds like he needs a good kick up the @rse!

sourcrates

Wants nipping in the bud this one, cant go through life like this, will only lead to trouble.

jules888

As a mother of 2 teenage boys,aged 16 and 17 i hope to god they dont end up like your son!My eldest is very mse but the youngest spends it as soon as he gets it!They are both getting the new x box one,paid for themselves of course though.Has your son got a games console too?As you said he"d got a loan for gta5?Bailiffs would be interested in that too!

Chrisblue1962

Hi Bumbleberry68

The following may sound harsh but it is meant with genuine purpose and concern:

1. Given that your son frequently decides not to open any correspondence, I suggest you take responsibility now and open ALL correspondence, actioning any that requires immediate action.
2. I also suggest you ask your son, assuming your son's correspondence is evidence, to explain the debts stated. This way, he cannot lie his way out of the matter.
3. Your son basically needs to grow up NOW and realise his stupidity could have long-reaching consequences for 5, 10 , 15 or 20 years ahead unless he NOW starts to act like an adult and not a little boy.
4. You need to face up to asking your son tough questions, getting some truithful answers and then helping him sort it out. Ultimately, it will be sorted one way or another. But if your son , with your help, does sort it NOW then the rest of your life and his life will be easier.

Hope this gets sorted in a positive way.