Son's debts probably coming to my door

sanuk · 6 February at 9:53PM

My son used my address as a c/o a few years ago during a messy relationship break up after he lost his home. His ex partner was alcoholically chaotic and made several false allegations against him. He ended up living in his van and working around the south of the UK, but needed to re-tax the vehicle - hence c/o my address. he also 'temporarily' transferred his banking address to mine (long story, but she destroyed his ATM cards and destroyed his log book, destroyed his post, got him arrested after she assaulted him, etc etc ...) He has never formally lived at my address. Letters sometimes come to mine, and I either store them up and give to him when I see him, or return them to sender. I now find that he still has my home as a c/o for vehicle affairs and bank. He conducts his business (insurance, banking) online and so this mail didn't alert me that he was still using my address. I now find that he has various daft debts chasing him: parking fines not paid and debts relating to his old property.I Googled the return addresses on some recent letters and found they were from debt collection agencies, and challenged him about it. He is still without a fixed address (he lodges with various friends and exchanges labour fo food and basics. Please don't judge harshly as he's been knocked to the ground repeatedly and is finding it so hard to reestablish himself - a long long story). Hence still using mine as a c/o address. I believe that some of his 'debts' have spiralled enormously (he has admitted to a parking charge now standing at £500). I do not have debt. I guess I'm wondering about the powers that various recovery agencies have to try extract money or goods from my home. He's never lived here; doesn't have any possessions in my home. I know not to open the door or to engage with bailiffs. None have visited yet, but I guess it's only a matter of time.

Alderbank · 6 February at 9:03PM

Sorry to hear about your family problems.

Debts are owed by the debtor in person, not the address. Your son's debts can't be transferred to you and your own possessions can't be seized.
However he's still your son and you might want to protect him from prison. Certain debts, such as unpaid fines from magistrate's courts and unpaid child maintenance arrears owed to the CSA, result in imprisonment if ignored. In your place I would always open letters from court and other official bodies.

This isn't the best place for what you want, you would be much better to ask for your post to be moved to Debt-free wannabe https://forums.moneysavingexpert.com/categories/debt-free-wannabe where there are many people skilled and able to help both you and your son.

tacpot12 · 6 February at 9:18PM

It will take time for things to come to a head, and there are things you can do to help your son deal with his debt. Try to get him to accept help from you and from a debt charity such as StepChange.

As you know, you should not open the door or engage with debt collectors, but these are not bailiffs. A true bailiff is an enforcement officer, who has legal powers that debt collectors do not have. So when you are dealing with anyone, you need to establish whether they are a debt collector or an enforcement agent. You can ask to see id, and can then check that they are a certificated bailiff here: Certificated Bailiff Register – Justice UK

You should engage with a certificated bailiff, as they have to act in accordance with their powers, which means that they should not be enforcing your son's debts on you. Make it clear to them that your son does not live there, and does not have any items stored at your home. (You might want to move anything that obviously belongs to a male to the loft, a friends, or even a secure storage facility if you are happy to pay for this.

If an enforcement officer/certificated bailiff wants to visit your home, they have to give you 7 days notice.

If a debt collector calls, don't engage with them.

Have a read of this webpage: Stopping bailiffs if you don't owe the debt - Citizens Advice

sanuk · 6 February at 9:58PM

Thank you so much Alderbank and Tacpot 12. I wasn't sure how to transfer the thread to the correct forum so I've copied and reposted it there. I will delete the above in a short while, but wanted to acknowledge your replies and say thanks before I delete it. Much appreciated.

la531983 · 6 February at 10:02PM

sanuk said:

I guess I'm wondering about the powers that various recovery agencies have to try extract money or goods from my home.

Absolutely none.

RAS · 6 February at 10:16PM

Debts belong to a person, not to an address.

Even if a bailiff turned up, you advise he hasn't lived here since xxxx and tell them to go away.

Your son needs to come here in his own right and explain his debts. Same may be statute barred, others may not be enforceable and a few might need sorting. Rather than running, he needs to know which are junk and which matter, so he can reclaim his life,

fatbelly · 6 February at 10:32PM

You now need to adopt a strict policy. All mail addressed to him to be marked Not At This Address Return To Sender and back in the post box.

Anyone who comes to the door gets told he doesn't live here and you don't know where he is

You can't force him to deal with his debts but if he comes on here he will learn

Private parking charges are not fines and can all be challenged

There are many strategies for dealing with debt including those that are legal, effective and free.

elsien · 6 February at 11:24PM

And just to check that you are aware of a difference between debt, recovery people and baillifs, because debt recovery agency is lying through their teeth about powers that they don’t actually have.

ManyWays · 7 February at 10:12AM

Make sure your son is not on the electoral roll at your address, you want to remove anything that suggests he still lives there

sanuk · 7 February at 4:22PM

Some really good advice here, thank you. He's not on the electoral register. I have informed him that all future mail will be returned to sender and advised him to seek decent advice on how to unpick this messy situation. There is lots of evidence of a male around my home as I have a husband in situ, but I'm not going to answer the door (or open the window) to debt collection agents. I now need a crash course in establishing bailiffs vs debt collectors. I believe bailiffs must give 7 days notice of a planned visit. Can anyone comment on how such notice is currently given with the post remaining unsorted and undelivered for weeks on end? I'm grateful to everyone who has responded above - much appreciated.