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Please help urgent

Don't know where to turn or what to do,

My son has always since moving out continued to use our address even though we have over and over told him not to, he lives with his girlfriend and has done since 2004.

Today someone from Marsdens baliffs turned up told us he owes £880 and if he does not pay in the next couple of hours they are coming back and will remove all our goods.

Nothing of his is in our home, its all ours but we don't have proof of things - this pc is one of the few as its on finance apart from that as we do not like debts we save up and buy things even our credit card is prepay and bank account a building soc so we cannot get into debt so I do not know what to do.

Cannot get hold of son, or his partner so must I sit here and wait till they come and take all my belongings.

I am ill disabled and admit suicidal at this moment, my health problems include depression and I nearly took my life last night and now wish I had as cannot face this, as my children have caused me such upset over the years. My husband is at work and so cannot be with me, not that he would know what to do either.

Is there anything I can do.

If I have posted this in the wrong place please tell me correct one

thanks
«134

Comments

  • Toomuchdebt
    Toomuchdebt Posts: 2,134 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Give the bailiffs his actual address and if anything comes to your house for him send it back with "return to sender-not at this address" Bailiffs can't take anything as none of it belongs to him.Don't let the bailiffs in, just give them his address.
    Can you perhaps call the police and explain the situation?Hopefully someone who knows mpre about bailiffs will be along shortly.
    Debts Jan 2014 £20,108.34 :eek:

    EF #70 £0/£1000

    SW 1st 4lbs
  • The bailiffs can not act on an address they can only act upon a person and the property and chattels of that person.

    When the Bailiff turns up if they are not accompanied by the police call them immediately and request they attend to remove a trespasser from the property.
    Demand the police remove them from the property and its grounds as they have no cause for service as no such person resides at this address.

    Do not let them enter the property.
    I do Contracts, all day every day.
  • National_Debtline
    National_Debtline Posts: 7,998 Organisation Representative
    Tenth Anniversary 1,000 Posts Combo Breaker
    Hi there

    Sorry to hear the distress this matter has caused you.

    It sounds as though this is likely to be a magistrates court fine that your son has incurred.

    Please note that despite what I imagine was the very firm tone used by Marston's representative, they cannot simply break into your property without any regard to your circumstances.

    Bailiffs are required to deal sensitively with anyone who might be judged "vulnerable". I certainly feel you can apply that word here, given what you have told us above about your state of mind.

    The powers that bailiffs are given to break in for court fines can only be fully used where it is deemed "reasonable". I personally cannot recall the last time a caller to our service told me this had actually happened - and we are talking thousands of callers with bailiff problems.

    Do you know your son's actual address? If so I think you need to advise Marston of this - it is not your problem to deal with, and it is grossly unfair that you be in this position.

    Please keep us posted - better still, under the circumstances, I would strongly urge you to give us a call for fuller advice.

    Regards

    Dennis
    Twitter: @natdebtline
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
  • prowla
    prowla Posts: 14,317 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Do not give them permission to enter your property; they don't have the right to take your things to recover someone else's debt.

    As far as the stress and so-on goes, consider this:

    1. It is the bailiff's job to be belligerent and they've heard every excuse under the sun before. They are not directing things at you personally.

    2. You should remain calm in yourself (or as calm as you can be) as you make it clear that they cannot enter your property and that there is nothing there which belongs to your miscreant son.
  • If your son is also using your address for other accounts, I would start opening his mail and sending them back marked 'not known at this address'. He will have to redo his accounts once you start doing that.

    Just give the baliffs his new address and tell them to leave. Your son has no property at your home, and they can follow him to his new place. Don't feel guilty - your son has behaved badly and needs to face up to his actions.
    Some days, it's just not worth chewing through the leather straps....
    LB moment - March 2006. DFD - 1 June 2012!!! DEBT FREE!



    May grocery challenge £45.61/£120
  • Thanks I phoned national debtline and they told me to call Marsdens and complain all they did was put me through to the baliff who told me if my son has not paid in the next hour he will return to my property and if my son has given false details over his address he will deal with that after, not before he has got goods. I just don't know what else to do. My husband and I are not wealthy we don't have money to pay this or replace any of our belongings. our income is low but we pay our bills and live within our means, we don't have sky, smoke, drink etc as we cannot afford to. I spend most of my time in bed on-line, because of health don't even have friends anymore, not their fault as I am always cancelling so no one to talk to about this.

    Apart from this pc I am using which is on finance I cannot prove any of our belongings belongs to us.

    My council tax bill shows on hubby and my names and has for years as only the two of us over 18 here, granddaughter as well but she is 15 as we have pr and custody of her but at moment she is with her father and maybe she will live with him if things go ok so its been a stressful year going to court over her and now this.

    We don't have much but I don't want to lose what we have.

    Thanks xxx
  • You could try calling the non emergency police number and see if they can send a PCSO round
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I assume the bailiff didn't tell you what the debt is they are enforcing


    do you have proof of your illness (anything from doctors health workers ect )
    Do you have mobile that can record calls ?


    the bailiff is hoping by badgering you and lying about the removal of your goods you will pay this debt do not do this and do not under any circumstances allow a bailiff into your home they have no legal right of entry


    If the bailiff returns phone the police and inform them that you have a bailiff at your door looking to remove goods for a debtor that does not live at your address (do not tell them they are looking for your son )


    then go to the door and through the letter box inform them that you have called the police


    It may be a good idea to get a solicitor to do a statutory declaration it only cost £5/10 and will help in the future if things like this are going to happen again
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    regardless of whether your son lives with you or not you should be not be getting hassled by bailiffs as you are clearly venerable due to your health issues Marston's have a Welfare Dept. and you should have asked to speak to them Phone them back tell them you are recording the call (even if you are not) and ask to speak to the welfare department I also strongly suggest you join http://www.consumeractiongroup.co.uk/forum/showthread.php?432174-phone-and-baliffies.(4-Viewing)-nbsp this group will help sort it out for you
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • sourcrates
    sourcrates Posts: 32,518 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    DO not open the door to this bailiff.


    If they call again, get the police involved straight away, tell them a man is attempting entry to your home (this will evoke a faster response).
    Let the police in, not the bailiff, explain the situation to the police, they should deal with the matter for you.
    As said before, the bailiff is lying to you, in the hope you will pay up, as they only get paid on results you see.


    Remember this guy has no right of entry to your home, keep him out, make sure all windows and doors are locked/secured.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
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