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Chased by Bailiffs for Son's Debt


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My sister and brother in law own their own house, and their 26 year old son lives with them. He has a debt of about £1500 and unbeknown to his parents it has gone through the courts process and they have bailiffs knocking on their door seeking to recover the debt.

 

My brother-in-law has told them that it is his own house, and his son owns nothing in it. He has produced evidence to the bailiff on the doorstep that he owns the house and his ID, and the bailiff said that they would update their records.

 

However, they continue to knock the door seeking recovery, and now my brother-in-law is forking out a few hundred quid of his own money to 'make them go away' for a bit.

 

Sorry if this has been asked before - how can they stop the bailiffs coming to their door? Is there a letter template for the court / bailiff company?

 

(Btw, the son has no assets or property, no income, not even signing on).

 

Thanks

 

Lapchien

Eyes opened and back in control of my life thanks to this site x

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dont pay them a penny it isnt their debt and they wont go away they will know they have a live sucker and pursue more, yes there is a letter in the library denying right of access here it is http://www.consumeractiongroup.co.uk/forum/content.php?410-LETTER-USED-WHEN-A-DCA-THREATENS-A-DOORSTEP-VISIT send that via recorded delivery so you know its arrived. and please tell them not to pay anything, Are they bailiffs or are they just a Debt Collector? It is very well known for DCA to pretend to be a bailiff and say what powers he has (i.e NONE but in his imagination he is god)

I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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it is very common for bailiff to railroad parents into paying there children's debts with threats of removal of goods

 

I have just posted on this thread the same applies to you get a statutory declaration done

 

go to a solicitors and get a statutory declaration ask for 1 original and 2 notarised copy's

cost approx £10

send 1noterised copy to the firm of bailiff and one to the original creditor (recorded delivery ) inform the original creditor that any enforcement by there contractors (the bailiff firm) against your property will result in legal action by you against them

 

the solicitor will keep you right on the exact wording but it goes something like this

 

STATUTORY DECLARATION

 

 

 

To: (the
bailiffs
link3.gif
) (their address)

 

 

 

 

 

 

I (your parents name)

of (there address)

Do solemnly and sincerely declare that:

the items listed (list them) are not the property of (sons name) and (reason why they were there) and have always been my sole property

And I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act 1835 and Section 5 of The Perjury Act 1911.

 

signature
:

 

Declared at

 

On the day of two thousand and

 

Before me

 

A Commissioner for Oaths, or Notary Public/Justice of the Peace/Solicitor having the powers conferred on a Commissioner for OathsBefore me

 

 

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As many people on here are aware, I have a commercial business advising the public with regards to a bailiff visit and frankly, it is a cause of GREAT concern to me to continue to read posts like the one on here where YET AGAIN a parent is paying a debt on behalf of their son or daughter.

 

There is NO NEED to do this !!

 

The debt is owed by the son or daughter but bailiffs now EXPECT parents to pay....and they foolishly continue to do so.......

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This issue will crop up even more in the future as more adult non dependent children continue to live at home due to the cost of housing. bailiff has no right to even try to enforce children's debts against parents, mind you won't stop them trying unfortunately

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Update - so I have now seen the letter, it's from a company called Marston, is goes, "this execution has not been settled and we now write to give you fair warning that our officers will attend at your premises with removal contractors on ... blah blah'

Eyes opened and back in control of my life thanks to this site x

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Send them a letter back stating that the debtor does not live there, no goods in the premises belong to the debtor, along with a notarised copy of the Statutory declaration as per Hallowitch's post

Also stating that if they do attend and attempt to force entry, such entry will be illegal, and the police will be called to remove them .

 

if they did turn up with a removal team they would be very silly indeed

 

Others will know more

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I suspect Marstons are attending as High Court Enforcement Officers. If the son has no means of his own he needs to answer the following:

1 - there is obviously a CCJ outstanding in his name, does he know anything about this

2 - I would assume he has been awarded the CCJ by Default and payment will be due Forthwith

3 - as he has not paid or answered any letters the debt has been passed through the High Court for enforcement

4 - if he knows nothing of the debt it is possible he could apply to have it Set Aside

5 - more importantly as there is now an HCEO involved he should apply for a Stay of Execution

6 - as said in a previous Post his parents need to put this firmly back in his own lap.

 

PT

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agreed PT They need to advise their son to handle the issue, and he may well have to sign on or take other steps to start getting an income, and go for set aside and stay, to take pressure off parents who are being hounded (unlawfully now evidence has been presented to marstons) to pay his debt But the parents MUST take steps to protect their property as son is merely lodger between addresses so to speak, and a stat dec should do it

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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