Ex's Driving Offences

[Deleted User]

My ex has several driving offences that are 'held' at a court 150 miles away. Obviously he lived with me for some time.., but moved out in June. Since then I have had one set of Bailiffs call round when I was taking my younger son to school who terrified my older son (who is 17) telling him they were going to come back and take our furniture. I contacted the bailiffs and informed them that my ex had moved out, gave the only address I have for him, and reported what my son said happened when the bailiffs called, asking how could this have happened.

They replied apologising and saying my records had been deleted from their database.

Now I have received another letter from another bailiff about the same matter. My ex keeps reassuring me that he's dealing with it (for the past year) but can't be. At the very least, he hasn't given them his new address, which just about sums up who he is.

Is there anything I can do to get the Court to take my address off their records? My ex hasn't lived here since June. This could just keep happening. I know I can give evidence that I live alone here to any visiting bailiffs but I am getting a bit anxious that what has happened twice before will happen again - and frighten my older son again (its happened before last time also).

I just want to see if there is any way of having my address removed from these fines even though I am what is considered a 'third party'. It seems wrong that unless my ex tells the court, I will continue to have bailiffs calling for years to come.

Does someone who has an outstanding fine have an obligation to give the court their correct address when they move from the address the court has?

TonyMMM

The court doesn't have your address (strictly speaking), it has your ex's address at the time he was dealt with - therefore they will not remove "your" address from the record.

There is no compulsion on your ex to update the court with any change of address, but obviously they will try and find him through baliffs etc. and ultimately, if it is an unpaid fine , they may issue an arrest warrant.

All you can do is as soon as you recieve any baliff letter, write (not phone) back immediately telling them your ex moved out on x date, and that he no longer has any connection with your address.

If you have a new address for him, you can give that to any baliff who contacts you, and also tell the court, which may then stop them keep coming back to you , but you are not obliged to do so.

Voyager2002

deannatrois wrote: »

They replied apologising and saying my records had been deleted from their database.

Now I have received another letter from another bailiff about the same matter.

Data protection legislation could be your friend here: the court (as Data Controller) is obliged to maintain up-to-date records, and this probably includes notifying any bailiffs they instruct about changes you notify to them. I suggest that you (i) send the court a politely-worded complaint letter and ask them to ensure that ALL bailiffs or other agents whom they instruct are made aware that your address is no longer relevant; (ii) send an enquiry to the Information Commissioner asking them whether they can assist in this situation.

I also think it would be a good idea to read one of the websites that give information about the powers of bailiffs, and the limits on what they are allowed to do, and explain this to your son. While they present themselves like thugs and frighten people into paying they do actually operate within the law and are not allowed to enter a house without permission, unless someone has first let them in for some reason (after that they can let themselves in on repeat visits).

[Deleted User]

I am very aware of the powers of Baillifs and have explained this to my son.., but because he has aspergers, he's very easily manipulated and believes what people tell him.

The baillifs had no right to come and take furniture because its all mine and my ex had left (we were never married) but in spite of me explaining this to my son several times, he was still stiff with fear the bailiffs would come back and empty our house.

I can deal with the Bailiffs (posted on here when the last lot of baillifs started sending letter and received some very good advice).. I have the proof needed that my ex doesn't live here, end of story.., but its unfortunate that out of three occasions the bailiffs have called, we were all out once, my older son was in and answered the door twice, while I was collecting my younger son from school. How this happened twice I'll never understand. My older son isn't even supposed to answer the door. But he did.

But I thank you very very much for the advice. I will see if I can find the court documents over this weekend (I suspect my ex took them with him). I will certainly write (sending from two different post offices) to the new set of Bailiffs.

MrSmartprice

I think the most important factor here is that the outstanding amounts are fines rather than civil debts. That means they are specific to the offender and nothing to do with the OP. These should be certificated court bailiffs and ought to understand this point.

The court's lack of a current address is, frankly, their business. The OP has no responsibility for these fines, no matter what. Complain to the court if it is amounting to undue harassment.

shop-to-drop

Can you not get your Ex to pay the fine. Tell him about how upset your son is by this. It is also a terrible example he is setting to his children.

Has he considered how his non payment is affecting his family?

[Deleted User]

Ha ha.., I appreciate your advice.., I haven't even managed to get him to change the address on the fine.., let alone pay it (the balance is virtually unchanged in spite of many assurances from him he was paying it off and it was nearly cleared). Its a long story (been going on since 2009). Yes he does know how upset my son was (twice). It makes no difference. Why he is my ex and I'm off men forever lol. And yes I do mean that.

I just wish they'd stop coming round here and deal with him instead of me.

Anyone who hears a man friend say they have two drink driving offences on their record.., book a plane ticket. It reveals a lot about a person. If they will break laws like that, they won't have much respect for any rule (or law) in life. Including caring behaviour.

shop-to-drop

deannatrois wrote: »

Ha ha.., I appreciate your advice.., I haven't even managed to get him to change the address on the fine.., let alone pay it. Its a long story (been going on since 2009). Yes he does know how upset my son was (twice). It makes no difference. Why he is my ex and I'm off men forever lol. And yes I do mean that.

I just wish they'd stop coming round here and deal with him instead of me.

Have you given them his new address?

[Deleted User]

He's never given it to me.., strangely enough. I know that sounds unbelievable. I have asked for it.

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prize idiot

I can't say too much more as it will make the post easily identifiable.

Janepig

The only useful(ish) thing I can add is that even if you spread the word that your ex no longer lives at your address, bailiffs and such may still go to your property if they can't find him anywhere else by way of it being a "last known address" and also possible cynicism that he is indeed living there and trying to get out of paying or trying to avoid the bailiffs. Not what you want to hear, I know.

I don't know what the answer is to people giving wrong addresses at Court - I've occasionally had phone calls from people we've written to who have no connection with the person we're trying to contact. I know that generally the Court don't check up on an address someone gives (unless the Police have concerns or something).

OP, you're right (imo) to advise to run a mile from someone with drink driving convictions. Once, maybe you could chalk up to ignorance/bad luck, whatever, but twice? You wonder sometimes if people ever learn!

Jx

[Deleted User]

Re the driving convictions.., yes I totally agree.., talked to someone a couple of months ago who seemed like a reasonable person.., then he said he had two driving convictions. I saw the same rambling excuses (second one was the morning after a drink). but no concern over the risks he'd posed to others, no real idea of culperability.., no recognition of why the law exists etc. It was all a 'mistake of fate'. Of course, the fact that it was (twice) a choice of theirs never seems to occur.

I take on board your points.., thank you. I am going to have to try and find a way to move to a different area I think. Not that that will be foolproof but at least it will give me a break for a while. I need to move anyway its just not going to be easy.