My Son's Warrant of Conrol at MY property

northampton_lady

Hello All,

I am extremely worried and hope someone can offer me some advise.

My son hasn't lived at this address for over 3 years now, but he still gets the occasional letter in the post. He told me he was expecting a letter and to look out for it, so I opened one up earlier today and it was a Warrant of Control, issued by the local court.

It says that Bailiffs may come to the property from September 28th to seize goods.

Absolutely nothing belonging to my son is in this house. Everything is owned by me and my husband. We do not have any debt and we have nothing to do with my sons debts.

What do I do? What will happen if/when the bailiffs come to this property?

Scared is an understatement.

Please help!

Northampton_lady

sourcrates

Any idea what the debt is for ?

Bayliffs should actually be very easy to deal with in this situation, you are not the debtor, do not let them in, keeps doors locked.

They cannot force entry, I suggest you deal with this in writing only, inform them the debtor does not live at your address, and i would seriously concider giving them his new address, as he seems to think it's perfectly acceptable for his monther to deal with this mess for him.

northampton_lady

Hello,

I am not sure what the debt is for, but it is a company called "Hoist Portfolio Holding 2 Limited", who I assume have taken over the debt. It is in the region of £3000. If I had to have a stab in the dark, I would say it is related to an old credit card he had.

So you think I should write to these people and explain the situation?

Thanks,

Northampton_lady

sourcrates

So it's a consumer credit debt then, sounds like it's been to court, your son has had a county court judgement awarded against him, and it looks as though he hasn't been paying it !!!

Hoist portfolio are a debt collection agency, and are attempting to enforce the CCJ against your son.

Using a bailif is just one option open to them, your son could end up with a much bigger debt if he dosent deal with this matter himself, the problem you will have, if you allow the bailiff entry, is that they will be able to take goods from the property as it will be named in the warrant of execution, you would have to provide recites for anything of value, to prove it wasn't his, so to avoid that happening, just don't let them in.

There is nothing they can do if you refuse them entry.

So yes, send a letter stating the facts to them, you should only deal in writing with these people.

sourcrates

Also the wording in these letters is pretty ambiguous, notice it says "bailliffs MAY come to the property", dosent say they WILL come to the property.

There's a big difference.

The letters are specifically worded that way to get the debtor to contact them as soon as possible by making threats.

Herbie21

northampton_lady wrote: »

Hello All,

I am extremely worried and hope someone can offer me some advise.

My son hasn't lived at this address for over 3 years now, but he still gets the occasional letter in the post. He told me he was expecting a letter and to look out for it, so I opened one up earlier today and it was a Warrant of Control, issued by the local court.

It seems from your above comment that your son was expecting this letter. Have you given him the letter? He needs to sort this matter out.

You have been correctly advised that County Court bailiffs enforcing an unpaid county court judgment may visit the property but can only gain entry into your property by invitation only. You have every right to refuse and in this case...the debt is not yours...and your son does not live at the property. Therefore, you should refuse entry and politely tell the bailiff that your son moved out three years ago.

PS: Is your son still on the electoral roll?


Bailiff Advice Online

chesky

What does your son have to say about this?

National_Debtline

Hi

I suggest telling your son to give us a call for advice on dealing with this debt. He can actually apply to court to suspend the bailiff warrant and vary the judgement to affordable instalments relatively easily. It’s costs £50 on a court form N245, and would be free if he's on a low income or qualifying benefits.

If he has other debt issues we can look at the whole picture and advise on his options.

James
@natdebtline