Bailiffs, not our debt.

[GwynbleiddUK]

Hi,

 

My brother is in debt for unpaid court fines except, it's my fathers house and he doesn't own any possessions other than the contents of his bedroom and motorbike. Bailiffs may be on the way within the next few days and we are all worried that they might take our belongings. Also, being it's not my brothers house are they still allowed to force their way in?

 

I have already been to see the solicitors for a statutory declaration but the appointment isn't till Thursday. I was wondering if there is anything else I could do.

 

Thank you in advance.

[lookinforinfo]

You can make a stat. dec. at the Court straight away as well and it is free there.

 

Best if your brother keeps his bike well away from the house so they can't levy on it.

 

DO NOT let the bailiffs into the house under any circumstances.

 

That being said, the fines still need to be paid. I take it that he didn't attend Court when he had the chance. It is always best to do so if for no other reason than it gives a chance to

declare ones income and outgoings which can lead to lower fines.

[GwynbleiddUK]

Thank you for the reply.

 

I understand the fines still need to be paid but we are tired of bailing him out(we have done before). The good thing is, he started work recently and should be able to pay it in full at the end of the month. My main trouble is the bailiffs, I assume there will be extra charges for each visit? Or is it worth him trying to come to some sort of arrangement so that he can pay it at the end of the month?

 

Would they be able force entry even though it's not his house?

[brassnecked]

Thank you for the reply.

 

I understand the fines still need to be paid but we are tired of bailing him out(we have done before). The good thing is, he started work recently and should be able to pay it in full at the end of the month. My main trouble is the bailiffs, I assume there will be extra charges for each visit? Or is it worth him trying to come to some sort of arrangement so that he can pay it at the end of the month?

 

Would they be able force entry even though it's not his house?

 

They may say they can but faced with a couple of stat decs, they may go away, they could claim that they can force entry to search his bedroom for goods, but realistically they will be looking to claim to be able levy yours or your fathers goods (unlawfully)to coerce you to pay his debt and inflated fees to them. He should try to make some arrangements to pay, but also the bailiffs must not be in any doubt as to the ownership of goods on the premises.

[GwynbleiddUK]

I see, thank you very much. You've both been very helpful.

[brassnecked]

I see, thank you very much. You've both been very helpful.

 

If they were to levy a third party vehicle or otherwise seize your property or your fathers, say clamp a car, you should immeidiately send Formal Complaints to the Court Manager, copied to MP imho, and phone the bailiffs rexcord the call if you can, demanding removal of clamps and levy, etcbut others more knowledgeable will be along soon .

 

You could film them with a mobile phone even when they turn up again, and no matter what they say there is no law to stop you filming them on your premises.

[lookinforinfo]

Of course the bailiffs will also try and levy on any of the family cars that are around your property so if you want to avoid the hassle of getting your car unclamped, they should also be

moved from around the house and any garden furniture locked away.

 

The only other problem could be what type of warrant is issued against your brother especially if he has a number of unpaid court fines.

[brassnecked]

@Lookedinforinfo, yes the number of fines would have a bearing, and yes beaten to it, make sure there are no motors around for them to clamp or levy, it is better to prevent third party goods being seized, than argue the toss later, as they have a knack of extracting money from third parties namely anxious relatives under duress using a clamped motor as a lever on someone who doesn't know their powers, or lack of them.

[GwynbleiddUK]

I see, I'll keep that in mind. I do believe it is a single fine of 400 pound, I'm not exactly sure for what though.

[brassnecked]

I see, I'll keep that in mind. I do believe it is a single fine of 400 pound, I'm not exactly sure for what though.

 

i would ask your brother, as it could be the fine plus the fees they are after. Maybe get him to contact the court also, as the bailiffs will continue calling and adding fees, and threatening to seize your goods, notwithstanding it is unlawful to get you or any other third party to pay the debt under duress or misrepresentation.

 

Which bailiff company are they from?