Help urgent bailiffs notice addressee doesn't live here *RESOLVED*

[seanamarts]

They cannot push past anyone let alone a child

[onestressedwoman]

Thank you all !

 

Received a response to my stroppy and annoyed email first thing this morning confirming no further letters or visits will be made -

wish I hadn't stuck note to front door last night for the milk man to see

 

As ever your help has been immeasurable

 

Thank you

[Jamberson]

You've got to get into a dialogue with them. No emails - talk to them.

 

Explain the debtor isn't there and ask what you can provide by way of proof. Once they tell you, they have accepted and will expect some documents from you to clear this up.

[seanamarts]

Glad it has been sorted will change the title to resolved.

[onestressedwoman]

Hello all

 

I have received (well in my sons name) a warrant of control.

 

My son left home some 8 years ago maybe a bit less - have had previous demands for payment in his name delivered here

 

And informed them that he does not live here no possessions etc...

 

But this one is curious it says that they have a warrant of control TCE 2007 - on behalf of HMTCS

 

But no details of where this debt has originated ?

 

I am curious as to if this is just a threatening communication as no details of debt.

 

I know it shouldn't concern me and I will email them to let them know that he doesn't live here.

 

But surely this letter should say whom the demand has come from / who £ is owed to?

 

any info would be great

 

OSW

[renegadeimp]

You need to provide proof that he doesnt live there. Council tax form or similar. They have been told by the court to collect at your home, so you need to show he doesnt live there.

[ploddertom]

From what you say it appears to be a Magistrates Court Fine that has gone unpaid.

[onestressedwoman]

Right just about to email a copy of council tax statement anything else I need to say in it

[josephbloggs]

How long he has been gone for, forwarding address telephone number if you have them, and ask for a letter confirming your address has been removed off the system

[onestressedwoman]

Just thought I'd check 1 more thing with you before I press send

 

This print out that I have from online council tax department shows my payments and I am just checking this will suffice

?

[josephbloggs]

I would say so yes that is why i suggest getting written/typed confirmation your address has been removed

[GrumpyToSayTheLeast]

A council tax document(or anything else for that matter) will show you are the main stayer at the address, but it doesnt prove your son doesnt live there. You may find that the EA will still call out and make enquiries, speak to neighbours, or ask to search your hourse to look for assets belonging to the defendant. If the EA is refused access, but he belives that you may be sheilding the def and the def may indeed be in the property, then he has the power to force entry and search for assets.

 

I would send the documents that you can and then call their help line and ask if that is sufficient. The only time you need to be worried is if neighbours are spoken to and confirm he is living with you.

 

Not sure how relaxed collectica are but you should be fine.

[onestressedwoman]

Ok I will send over statement and note that nothing in this house belongs to him unless school reports count

 

we have been estranged for many years and I have no idea where he is living I know he lived in 2 places and have put that in my email but we do not talk so dont know if either of these are current.

 

The agrivation this child has caused me is beyond belief

[caledfwlch]

How about the OP goes to her local Court's admin office with her documents and swears a stat dec that her son is not resident at the address and all goods belong to her?

 

If this is a fine then the rights of the EA to make a forced entry means the OP needs to be extremely proactive in dealing with this

 

A council tax document(or anything else for that matter) will show you are the main stayer at the address, but it doesnt prove your son doesnt live there. You may find that the EA will still call out and make enquiries, speak to neighbours, or ask to search your hourse to look for assets belonging to the defendant. If the EA is refused access, but he belives that you may be sheilding the def and the def may indeed be in the property, then he has the power to force entry and search for assets.

 

I would send the documents that you can and then call their help line and ask if that is sufficient. The only time you need to be worried is if neighbours are spoken to and confirm he is living with you.

 

Not sure how relaxed collectica are but you should be fine.

[onestressedwoman]

Caledfwich ?

 

If this is a fine then the rights of the EA to make a forced entry means the OP needs to be extremely proactive in dealing with this

 

dont understand?

[brassnecked]

Caledfwich ?

 

If this is a fine then the rights of the EA to make a forced entry means the OP needs to be extremely proactive in dealing with this

 

dont understand?

It means get all the proof to the court and Collecticarp Asap, or their EA/bailiff may well force entry if you are home and don't let him in, and poke around looking for your son's stuff, he might even take control of yours as he will convince himself son is there and your stuff is his.

[onestressedwoman]

Taking my stuff thats ridiculous I'm disabled surely that cant be legal to seize goods belonging to me

[renegadeimp]

You need to provide proof that he doesnt live there. The courts and bailiffs have heard every excuse, including people pretending to be disabled.

 

You need to get a stat dec done and provide proof to the courts, or things will get much more difficult to sort out.

[josephbloggs]

Has an enforcement agent been out yet or is it still at the letters thru the post stage?

[onestressedwoman]

This is the first letter I have had here for him in a long time, years no one has knocked here and I am sure of that because I'm always in with the exception of hospital visits

 

- Oh this bloody child and proof of my disability is easy - This is demanding money with menaces surely as I am not the debtor

 

I've typed up an email to court and have sent one to Collecctica maybe I should phone the court too

[brassnecked]

Do you live on your own, and have claimed the single person's council tax discount? If so a copy of the council tax bill showing the discount would be sufficient to show he doesn't live with you.

[onestressedwoman]

I live with my husband and the council tax document I emailed over shows deductions but its a print out of what I pay and have paid unless they presume £300 a year is full council tax then yes it does show deductions - The annual statement I get from council tax office only has my name on it therefore I sent the copy of the online statement which also shows my husbands name (he is my carer)

 

Maybe I was wrong to do so - You would think that I would have received court documents to my address in my sons name prior to this wouldn't you ?

[josephbloggs]

End of the say the council tax bill will be enough.

Collectica can only go to or send letters to the address provided to them by the courts which one can only presume your son provided in the first place not collecticas fault they are doing their job.

And as far as forced entry etc that is only applicable when there is confirmation that the debtor lives at the address and has told the court/bailiff they are wilfully refusing to pay - so dont worry about that.

As for the comment about demanding money with menaces - they havent asked you to pay his debt have they.

Sooner its sent off sooner the address is removed.

No need to waste money on a stat dec just as i said before ask for confirmation your address has been removed

[onestressedwoman]

End of the say the council tax bill will be enough.

Collectica can only go to or send letters to the address provided to them by the courts which one can only presume your son provided in the first place not collecticas fault they are doing their job.

And as far as forced entry etc that is only applicable when there is confirmation that the debtor lives at the address and has told the court/bailiff they are wilfully refusing to pay - so dont worry about that.

As for the comment about demanding money with menaces - they havent asked you to pay his debt have they.

Sooner its sent off sooner the address is removed.

No need to waste money on a stat dec just as i said before ask for confirmation your address has been removed

 

£ with menaces comment was in regards to if they knocked at door and demanded for me £ or goods and as previous post highlighted they could take my stuff - yes email has gone off to collectica and automated response received I'm awaiting a reply

 

Still stressing though

 

OSW

[GrumpyToSayTheLeast]

How about the OP goes to her local Court's admin office with her documents and swears a stat dec that her son is not resident at the address and all goods belong to her?

 

If this is a fine then the rights of the EA to make a forced entry means the OP needs to be extremely proactive in dealing with this

 

If she can get to the court and do that BEFORE the ea turns up and she can get the court to accept it.