Please help urgent

National_Debtline

Hello again,

Do ensure that you keep the property secure. Lock your doors. Should you need to communicate with the bailiff please only do so in writing - perhaps via e-mail if possible.

As Dennis mentions, forced entry is incredibly rare. It is generally the case that the bailiff would need to be sure that the liable person is at that address.

Here's a link to our Magistrates' Court fact sheet, I do hope you find it useful: https://www.nationaldebtline.org/EW/factsheets/Pages/13%20EW%20Magistrates%27%20court%20fines/Default.aspx

Best wishes,

David.

thomathy

I think you are reading advice, but not heeding it. It's understandable that you feel stressed. But you've written a long screed about what you can afford. This is absolutely irrelevant. You could be having a bath in champagne when a bailiff arrives for all the difference it makes. (Though I am not sure that is wise; I imagine bathing in champagne is one of those ideas that doesn't work out as well as you'd hope. Sticky, for a start.)

The only relevant points are:

1. The debt is not yours.

2. If a bailiff has been appointed, the bailiff is seeking goods belonging to the debtor, not to you.

3. You are neither required nor expected to have or produce any evidence whatsoever that goods in your home belong to you.

4. It is completely irrelevant that the debtor is your son. It could just as well be that the debtor was me or any other passer-by. His being your son does not make you responsible for those debts.

5. It is completely irrelevant that your address is being used for correspondence, or even as the account address. It is also completely irrelevant whether this was done with or without your permission. This does not make you responsible for any of the debts. You do not need to claim or prove fraudulent use of your address, it is perfectly acceptable for a correspondence address to exist and not to contain any goods of a person. It may or may not breach the terms of a credit agreement, if there was one in this case. But this too is completely irrelevant and is again, none of the bailiff's business. Neither you nor your son have done anything legally wrong by his using your address. (Though if you do not wish him to, that's your own business.)

6. You may if you choose, tell the bailiffs where your son lives. But only if you wish to. That is probably what I would do, as it is simple and straightforward. Or you may choose not to (or perhaps you do not even know - I have no children myself, but I do not have the addresses of any of my siblings, for example.) A bailiff cannot oblige you to tell them anything at all.

7. A bailiff is subject to the usual laws about harassment. If you are not the debtor and have informed them that you are not the debtor, and that no goods belonging to the debtor are at are the address, and that the debtor does not live there, they cannot keep approaching you or visiting your home. Ask them to stop.

8. The bailiff is not a bogeyman, but a person doing a repetitive job in which they have seen it all before. They know perfectly well that if the possessions are not the debtor's, they cannot remove them. But they hope that either I) the debtor does really have possessions there and by threatening you, you will reveal this. Or II) they can simply threaten you with removal of your own possessions and hope that you feel so stressed that you put your own pressure on the debtor to pay. Hard though it is, you should ignore this. The bailiff has no rights to take any of your goods.

9. The bailiff knows this and will not remove your goods. They simply hope it will provoke you into something. If this is attempted, call the police. Who also know this.

10. Don't be a 'victim' or a soft target. This forum is a good outlet to explain how you feel about things, and that you can't afford to pay the bill on your sons behalf, that you are not well, and so on. But you should not say any of those things to the bailiff. It does not matter if that is how you feel inside. Put on an act, be formidable, and let them know that you are quite confident in your rights and do not intend them to waste any more of your time. After all, this is not personal. The bailiff is at work. This is a business transaction. Be businesslike and do not let them be bad-mannered or step outside the conversational boundaries you would have around any business enquiry. Your home, your possessions, your income or your health are none of their business.

10. The debt is not yours. (So important I've included it again.)

Find strength and take charge! Look at each reply post you've received, almost every one says to stop feeling stressed. Easier said than done, but do try.

Good luck (but you should not need luck: the situation sounds very clear-cut.)

dogsarecool

Sorry about delay in replying, I am reading it all and was at first doing as said by posters, then I called the police 101 number to check if indeed bailiff can come back with a lock smith and enter my home and remove items. They told me that so long as he has a warrant he can, went on to tell me as to how just yesterday they had a call from someone who had bailiff at door over previous owners and they had to tell them that as bailiff had a warrant they could not stop them removing their goods and how they would have to just get a solicitor and proof the goods where theirs once they had been removed by bailiff.

At that point I broke down and said doesn't matter I will be dead before they come so just hope hubby can get by but guess if they leave him our old tv he will manage. Ended the call to the police and tried son again, no luck, so tried to take myself in hand and have a cup of tea as had not eaten or drank anything, and next thing 4 police at my door worried sick I would kill myself........oh gosh did not mean to cause all this drama.

They would not leave till called my doctors to be fitted in and were going to take me but son arrived just as we were leaving so they left me and he took me, he has phoned National Debtline and by saying what they said has got a stay till Monday noon but still Bailiff refuses to accept part payment its all or nothing and he told son he will be at my house with a locksmith on Monday at noon.

I know he might be just threatening and if it had happened even a few days ago I could have coped but for whatever reason my depression decided to come back last night it is back and am not sure am going to get through the weekend. I have all doors and windows closed and locked but have an elderly dog who likes to wander out in to back garden but cannot leave door open for him.

Am now back on anti-depressants and to see doctor Monday again. Son tells me he told the court that he uses my address as a correspondence address as for a good few years him and girlfriend were moving around as they could only get 6 month rentals and he gave court the current address at the time but its not where he lives now but he told them letters etc could come to mine. The money owed is because he had to sorn his car and he forgot to renew it, he then got it put on our property where it still is so off road until he can afford to get it running again. He has two young children and has just got a new job so money has been tight, we tried to help when we could.

Had to almost laugh at one of the police officers who came out, she meant well, she told me staying in my bedroom most of the time - I don't watch tv it annoys me so hubby watches it alone, - is making me depressed and i must get out more and make friends, would love to but don't have money to go anywhere, she made it sound so easy, just pop out for a coffee and all will be well.

Sorry guys you are not interested in this you have been fantastic, will contact the welfare section at Marsdens and see what if anything they will do, so long as like last time they don't just put me through to the bailiff himself again, couldn't face talking to him again today.

I admit for the very first time in my 58 years I do feel scared and vulnerable, all my life its always been me sorting out others problems, always me not hubby that deals with everything, never had or even needed anything to help me but this time I cannot even sort out my own.

You all are great make me feel am not facing this alone.

Thank you sorry bored you xxx

longtermplanner

dogsarecool wrote: »

next thing 4 police at my door worried sick I would kill myself........oh gosh did not mean to cause all this drama.

Good for the police!

Just to repeat what the others have said, this is not your debt and the bailiffs cannot take anything in your house unless it belongs to your son.

Do you have any of your son's property in your house?

You still have his SORNed car? Is this in a locked garage or on the driveway.

Your son has to stop using your address. For anything. Tell the bailiffs where he lives, this is his problem not yours.

dogsarecool

On the consumer forum I came across a post advising someone to get a Statutory Declaration stating nothing that does not belong to us - the names we put down are within our home or boundaries , so called the local solicitor we have used in past ( only for power of attorney when MIL took ill) and they will sign it for £5. Sons car that is at our address they advised son to sell to us so its ours not his so nothing at all is at our address on as statement puts it within our boundaries. So not sure if this bailiff will bother about it but when hubby comes home will pop up to solicitor to have this done, they said we can just turn up no appointment needed and then we can give a copy to bailiff and maybe send one to the court.

Thank you xxx

longtermplanner

how much is this car worth?

hallowitch

please please please join this site http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers


I know for a fact there are people on there who will help you with this tell use your 1st and 3rd post to explain what's going on and head your post Marston's welfare help need you can use my name if you wish

Fruit_and_Nut_Case

dogsarecool wrote: »

...they advised son to sell to us so its ours not his...

An expert will be along shortly but that sounds suspiciously like fraud.

dogsarecool

Car is not even worth scrap, this is the one the fine is about, it has plants and weeds now growing through the engine now, it as been on our side garden for 6 months, why son has not just got rid of it I do not know. I don't want to commit fraud but neither do I want my belongings taken for a debt that is not mine, bailiff is welcome to the car if he can move it, I would love it off my property but no way is it worth the £880 the bailiffs want. thanks

FireWyrm

Fruit_and_Nut_Case wrote: »

An expert will be along shortly but that sounds suspiciously like fraud.

It could be construed as purposeful deprivation of assets, but I'm not sure that applies in civil cases. That sort of thing is usually only rolled out for government debts and fines.

OP, if the boy loses the car, he loses it. This is what we call in the real world...being an adult. In my opinion, I dont think much of your son for allowing it to get this far in the first place.