Bailiffs final notice - my sons!!

cici71

Hi
Am hoping for some advice. My son who is 24 and an absolute nightmare financial wise has accrued many debts (yes I've had many a stern conversation!!) :-(
He no longer lives at home and I took him of the electoral roll. He has no real fixed address. He's had countless debt and bailiff letters whether it be from a catalogue or TFL for not paying a train fare. That particular offence he was given a court date which he didn't go to!! Im not sure which debt the bailiff is connected to but they left a letter - Marston Holdings are the bailiffs and I'm unable to attach it but the client is ..... HMCTS london (Serc?) WARRANT .....number was on front so I called and they said their next visit would involve getting a locksmith to force entry. I said my son didn't live here but I was off work next wk and I'd be here. They said they want evidence he doesn't live here. How do I prove that!! His bedroom is empty and nothing of worth. They said not being on electoral roll meant nothing. But an empty room means nothing!! I could have hidden him in the loft!! I have receipts for all my goods. But my point is, I am off work for holiday all next wk but I'm worried that if I go out shopping or just go out, they may force entry!!!! Any advice pls? aim also v embarrassed them knocking!!
Thank you

Lisi299

Hi
I understand your concern, however can they even force entry? Even high court officers have to make peaceful entry in regards to debt collection though an open door.

I once had Marstons at my door for a disputed debt I made a small payment and set up a payment plan they went away. Could your son sort out a plan? If his on a low income he can ask step change to complete an I and e with an offer of payment for them.

Sea_Shell

I was under the impression that they can only force entry to commercial premises, not private.

But I agree on one point though....how are you supposed to PROVE a negative??!!

tacpot12

Bailiffs can force entry if they are collecting a Magistrates court fine. The client being HMCTS suggests that they are collecting a fine...

See https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/stopping-bailiffs-at-your-door/#h-check-if-the-bailiff-can-force-entry

It would be better to try to negotiate a time for them to come, but if not, you might need to stay in and ask a friend to do your shopping for you. Going out is not going to be an option if you want to prevent damage to your door or locks.

Proving your son does not live at your home will be difficult, but not impossible. You need to make sure there is absolutely nothing to suggest he, or any young adult, lives in the property. Search high and low for anything that suggests he lives there and remove it from the house - ideally to the local tip.

If you own anything of value and do not have a receipt for it (check for antiques, jewellery, watches, electrical and electronic items) remove them from the house (leave them with a trusted friend), but don't leave an obvious gap in the home - the bailiffs will see that something has been removed and will assume that it has been removed to stop them seizing it. They will be more unpleasant if they think goods have been removed to stop them seizing them.

If you have a car and have no receipt for it, park it a long way from your house (at least 1 mile) or on private land, or ask a friend if you can put it in their garage, and use a bus or taxis at any time the bailiffs might come. The bailiffs are unlikely to accept a V5 naming you as the registered keeper as proof of ownership.

Pleased don't be embarrassed by them coming to your door. The embarrassment should be felt by your son for having put a parent through this. It you open the door to them with a smile, the neighbours, if they see you, will assume all is well.

kazwookie

Don't agree to anything with them, it is your son's debt/s.

Do NOT offer to pay anything or set up any payment plan.

onwards&upwards

Is your son not willing to tell them where he lives now to remove this stress from you?

sourcrates

Hi,


Citizens Advice say this :


If you don’t owe the debt

You should act quickly to prove the debt isn’t yours - this can stop the bailiffs visiting.
If it’s someone else’s debt

Call the bailiffs - you can find their number on the notice of enforcement. It’s best to call them, as this is the quickest way to get in touch.
Tell them you’re not the person named on the notice of enforcement. Explain you’II send evidence to prove this. You should still do this even if the debt belongs to someone you live with - for example your partner or a housemate.
Ask them to put your case on hold while you’re sending in your evidence and they look into your case - they must do this if you ask.
If you’re worried about calling the bailiffs get help from your nearest Citizens Advice.
Evidence you should send

Send a letter to the bailiffs, you can find their address on the notice of enforcement. Say you don’t owe the debt and include evidence that shows you’re not the person named on the notice of enforcement. You could send any of these things:

• a benefit letter from the last 3 months
• your council tax bill from the last 3 months
• your bank or building society statement from the last 3 months

It’s best to send copies of your documents not the originals.
You should also send a copy of your letter to the creditor. Doing this could help you get your problem sorted more quickly, this is because the creditor is the person that has asked the bailiffs to collect the debt.
You can find the creditor’s name on the notice of enforcement - use this to search online for their address.
Send your letter and evidence by recorded delivery if you can. Keep a copy of your letter and any reply you get in case you need it later.

cici71

But if my son doesn't live here how have they the right to enter with a locksmith. Yes it's a court fine for not paying a train fare of £5. He left and left it and now it's £700!!! Ridiculous.
My son shirks all responsibility. He is part staying with friends and his grandma who is 90 so no way I can give her address. CAB and my Unison helpline (I'm a member) are all closed til Tuesday.
If they break my locks does this mean if I'm out - they take all my stuff and then leave leaving my house open?? I'm now feeling extremely stressed. And I don't even owe anything!!! I'm on half term next week and had lots of plans. :-(

sourcrates

Please try to think this through this with a reasoned mind, non of that is going to happen, the court has your address down as your sons place of residence, so, as time is short here, you need a plan of action to deal with the situation, try and stay calm, the very last thing they want to do is take goods away, second hand stuff is never worth much at auction, and its just too much hassle for them to bother, however, they assume you won`t know that, and may use it as a bargaining tool against you.

Remember, this debt is not yours, you cannot be made to pay it, keep that in the back of your mind at all times, they will want full payment, and will take any money that is offered, again, refer to what ive just said, its not your debt, you cannot be made to pay it.

The whole issue revolves around your sons place of residence, do you have things of value at your home ?

For example, large screen tvs, expencive games consoles, anything that could be sold (excluding general hosehold items they cannot take) if you do, remove them ASAP, normal household goods are excluded from been siezed, valuable items are not, they will ask you to prove the goods are yours and not his, lets face it, not everyone keeps evidence of this, so just remove them to somewere safe beforehand.

Stick to your guns that you are not paying his debt, he does not live here, its up to you if you want to give them his current address or not, and goods taken can be returned withing 14 days if proof of ownership can be found, try not to get upset or annoyed with them, they are just doing a job, and hopefully they will be profesional in execution of the warrent, just try and keep calm about it .

cici71

Yes I do have expensive items but funnily enough receipts for pretty much all !! I'm one of those people who keep them in a plastic wallet!! My worry is that if I want to live my life and go out next week they may force entry. So if I stay in, I should let them in? Some people have told me that I shouldn't even let them in. But this prolongs it as they will force entry at some point. This is so wrong when it's a debt for someone who doesn't even live here.
Thank you all for your advice

sourcrates

cici71 wrote: »

Yes I do have expensive items but funnily enough receipts for pretty much all !! I'm one of those people who keep them in a plastic wallet!! My worry is that if I want to live my life and go out next week they may force entry. So if I stay in, I should let them in? Some people have told me that I shouldn't even let them in. But this prolongs it as they will force entry at some point. This is so wrong when it's a debt for someone who doesn't even live here.
Thank you all for your advice

If it was for virtually any other debt I would say dont let them in, but a court fine is a different kettle of fish, forced entry is a last resort tactic on private property, but best to avoid it, if you can, and as its not your debt, you should have nothing to worry about.

Hopefully the bailiffs should conduct themselves in a proffesional manner, but if they dont, or they arent listening, then get the police to attend, and explain the situation to them, they maybe able to act as mediator should you need them too.


One last thing, try to stay calm, dont get annoyed or stressed out, it wont help, explain yourself clearly and concisly and stick to the truth, dont make promices you cant keep, and remember............its not your debt.


Good luck to you.