Son's Debt's incurred at my address.

[coypu13]

Hi,

 

My son moved back in with me in 2012,

 

due to him repeatedly stealing from me I had to tell him to leave my house forever a couple of weeks ago and subsequently changed the locks.

 

When attempting to clean his bedroom amongst various disgusting things i discovered many letter's from debt recovery companies and bailiffs

plus receipts from Cash Convertors.

 

After collating these it appears there are 12 (is that a record) debt collectors chasing him for money,

these debt's cover thing's such as payday loans, mobile phone bills, bank overdrafts, goods and a parking fine (bailiffs).

 

The total outstanding amounts add up to approx £4k.

 

Since he left I have returned every letter addressed to him, unopened as no longer living at this address.

 

Last week when I was out the bailiffs visited to take my son's car,

which was obviously not here and saying they would now get an order to remove goods from my house to sell at auction.

 

I am now terrified that they will come and take my property.

 

I have little money and not much of value (except for the house itself).

 

Probably the most valuable goods for resale are my laptop and tv,

it gets worse as both these items were bought online under his name

(we have different christian names but the same initial,

as at the time of the purchases he worked for a major retailer

and I used his staff discount car number though I paid with my debit card.

 

Other things such as my golf clubs/fishing gear have been accumulated or given to me over the years, so no receipts.

 

Do they have the legal right to seize any of my property because my son lived here at the time these debts were incurred.

 

In regard to my son he is 23 he neither has a job or signs on.

The only thing he has left of value is his car, his tv(£50) and 2 gold rings(£70) are both with cash convertors.

 

I have no idea where he is living/in hiding.

He is a drug addict and from the discoveries in his room his only sources of income are as a small time drug pusher,

to his friends, and stealing from my 83 year old mum who is housebound and has Alzheimers.

 

This has all left me feeling mentally and physically drained and paranoid to the point I will not answer the door or phone and sit in darkness,

so any help or advice anybody can provide would be greatly appreciated.

 

Thanks

[renegadeimp]

Get to the court and get a stat dec done. That will stop any bailiffs taking your goods. Pack up your sons and give them to the bailiff. At no time let them into your home.

 

Sit tight and others will give much more detailed advice.

[coypu13]

Thank you.

[maroondevo52]

Thread moved to Bailiff Forum.

[brassnecked]

What creditor and bailiffs are these, as without a CCJ, they cannot send a bailiff for anything other than the parking fine. Which bailiffs are after the parking fine?

 

Either way if it is a council parking ticket a stat dec to the parking department and the bailiffs may help, Other Caggers will give further/better advice, but as you are not the named debtor Northampton TEC, the fount of FPN warrants and the council may otherwise hide behind data protection, and refuse to deal with you, the Stat Dec gives then notice that there are no goods on the premises available for their bailiffs to take, ignoring one would be very unwise for the council.

 

You say his car is there, do you use it at all? how much is it worth? they may already have a levy on that, and as it is his, they can take it, if it is worth peanuts the Stat Dec would prevent them going after your property like the golf clubs and household contents and your car if you have one.

Edited December 10, 2013 by brassnecked

[HCEOs]

The simple fact is that bailiffs cannot take goods that do not belong to the debtor.

[coypu13]

What creditor and bailiffs are these, as without a CCJ, they cannot send a bailiff for anything other than the parking fine. Which bailiffs are after the parking fine?

 

Either way if it is a council parking ticket a stat dec to the parking department and the bailiffs may help, Other Caggers will give further/better advice, but as you are not the named debtor Northampton TEC, the fount of FPN warrants and the council may otherwise hide behind data protection, and refuse to deal with you, the Stat Dec gives then notice that there are no goods on the premises available for their bailiffs to take, ignoring one would be very unwise for the council.

 

You say his car is there, do you use it at all? how much is it worth? they may already have a levy on that, and as it is his, they can take it, if it is worth peanuts the Stat Dec would prevent them going after your property like the golf clubs and household contents and your car if you have one.

 

The Creditors are Havering Borough Council and the Bailiff's are Whyte and Co. I am looking into getting a stat dec done now and you are spot on it is Northampton Court that issued the CCJ. No his car has not been here for nearly a Month no idea of it's value it is a 2001 Peugeot 206cc. I don't have a car as I don't drive.

 

As for all his other debts am I doing right by sending all letters back "does not live at this address",or should I contact them?

 

Many Thanks.

[HCEOs]

This won't be a CCJ if it is being enforced by Whyte & Co. It is likely a liability order for unpaid council tax or an unpaid parking fine.

[Sparks_]

The simple fact is that bailiffs cannot take goods that do not belong to the debtor.

 

No they cant but it doesnt stop them trying to!

[renegadeimp]

Just return NOTA

[coypu13]

Thanks for you responses.

 

It is a warrant of Execution by removal of his goods for sale at auction.

 

Is it correct that due to the nature of his other debts, as listed above, that bailiffs can't be deployed to my house to recover them?

[lookinforinfo]

As it is for Council tax, I am guessing that he was living at a different address as you would be the rate payer in your home.

In which case the bailiffs should have his old address rather than yours. You can check that by looking at the letters he has from Whyte and Co.

 

That is not to say that the bailiffs won't track him to your house eventually. If they do, it would help if you had a stat. dec. to hand to hopefully put an end to further calls from them.

If they do call, do not let them in tell them that not only does your son not stay with you, he has no belongings in the house and the warrant is not for you nor your address.

[coypu13]

As it is for Council tax, I am guessing that he was living at a different address as you would be the rate payer in your home.

In which case the bailiffs should have his old address rather than yours. You can check that by looking at the letters he has from Whyte and Co.

 

That is not to say that the bailiffs won't track him to your house eventually. If they do, it would help if you had a stat. dec. to hand to hopefully put an end to further calls from them.

If they do call, do not let them in tell them that not only does your son not stay with you, he has no belongings in the house and the warrant is not for you nor your address.

 

It's a parking fine his car is registered with the DVLA for my address.

[brassnecked]

He is non resident, the car doesn't owe the debt whatever the bailiff may try, and they can have NONE of your goods for his debt. The Stat Dec would put the lid on their shenanigans.

Edited December 10, 2013 by brassnecked

[lookinforinfo]

It's a parking fine his car is registered with the DVLA for my address.

 

In that case the bailiff will call at some time. If you have a Court nearby you can swear there and there should be no charge. Local solicitors will charge between £5 and £10 to do the same thing.

 

Do not let the bailiff in or he will likely try to levy on your goods or threaten to take your stuff . They cannot take your stuff but they may threaten that hoping that you will pay the amount for him.

[renegadeimp]

Once you have the stat dec he must leave you alone. AS i said earlier, bag up everything your son has left there, and if the bailiff comes round, dont open the door, but grab yoru sons items and pass them to the bailiff. That, with the stat dec, is all he can have.

[coypu13]

I visited a local Solicitor this afternoon who signed off my stat dec for a fiver, I told him I would be a regular as there are sure to be many different Bailiffs to follow!

 

I then posted a copy to Whyte's Head Office and hand delivered a copy to the Council, obtaining a signed receipt, in case the debt gets handed back to them. Hopefully this will do the trick.

 

Thanks to everyone from the forum who has so far contributed to this thread. I can't say I feel safe in my own home, but definitely safer due to what I have learnt.

[hallowitch]

it doesn't matter who the bailiffs are a copy of the same stat dec will suffice you don't need a new stat dec every time a different bailiff firms calls for your son

[tomtubby]

coypu13

 

Can I just make one point VERY CLEAR.

 

The debt is a civil debt for an unpaid parking ticket. There is NO provision whatsoever for a bailiff to "get an order to gain entry to remove goods from the house" !!!!

 

Such a serious threat is a dreadful disregard for the National Standards for Enforcement Agents which states on Page 4 the following:

 

"Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to":

 

"Falsely implying or stating that action can or will, be taken when legally it cannot be taken".

 

I would suggest that this serious failure should be brought to the attention of The Parking Manager at Havering Borough Council.

 

 

A copy of the National Standards for Enforcement Agents can be read here:

 

http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

Edited December 11, 2013 by tomtubby

[coypu13]

it doesn't matter who the bailiffs are a copy of the same stat dec will suffice you don't need a new stat dec every time a different bailiff firms calls for your son

 

I actually specified Whyte's on the stat dec, so would this still be the case?

[coypu13]

coypu13

 

Can I just make one point VERY CLEAR.

 

The debt is a civil debt for an unpaid parking ticket. There is NO provision whatsoever for a bailiff to "get an order to gain entry to remove goods from the house" !!!!

 

Such a serious threat is a dreadful disregard for the National Standards for Enforcement Agents which states on Page 4 the following:

 

"Enforcement agents must not be deceitful by misrepresenting their powers, qualifications, capacities, experience or abilities, including, but not restricted to":

 

"Falsely implying or stating that action can or will, be taken when legally it cannot be taken".

 

I would suggest that this serious failure should be brought to the attention of The Parking Manager at Havering Borough Council.

 

 

A copy of the National Standards for Enforcement Agents can be read here:

 

 

Below is an extract from the CAB.

 

If you don't pay a parking penalty charge issued by a council, they can apply to the Traffic Enforcement Centre to have the penalty charge registered as if it were a County Court Judgment. The council can then instruct bailiffs to come to your home and seize your belongings, including your vehicle.

 

They did go through the Traffic Enforcement Centre at Northampton Court.

[ploddertom]

 

Below is an extract from the CAB.

 

If you don't pay a parking penalty charge issued by a council, they can apply to the Traffic Enforcement Centre to have the penalty charge registered as if it were a County Court Judgment. The council can then instruct bailiffs to come to your home and seize your belongings, including your vehicle.

 

They did go through the Traffic Enforcement Centre at Northampton Court.

 

And where does it say they have an automatic right to enter your home. It doesn't, the Bailiff has to enter by peaceful means - usually by the debtor inviting them in - a seriously bad idea. They may levy on goods outside but if you have moved your car and any other bits and pieces then there isn't much he can do. Sorry, but you are reading more into it than it actually is.

[coypu13]

Apologies to both Tom's, I was getting my right to enter and my right to seize goods confused.

[honeybee13]

Apologies to both Tom's, I was getting my right to enter and my right to seize goods confused.

 

Hello coypu.

 

Don't worry about that. Just keep asking the experts when you don't understand. It's a bit of a minefield for a novice, isn't it?

 

My best, HB

[tomtubby]

The CAB have provided you with a broad outline but 'in between' the lines there are hurdles that the bailiff has to cross.

 

The warrant has indeed been authorised by the Traffic Enforcement Centre but this is merely because of the volume of such warrants (1.6 million per year) the government have allocated one administration centre called TEC

 

You will see that CAB have stated that the debt can be registered as IF it was a County Court Judgment and again they are correct. The important words are "as if". Unlike a normal 'judgment' this debt is NOT recorded with a credit reference agency.

 

Once again, the bailiff has NO right of entry into your premises other than by 'peaceful means' ( and unless in these cold winter days you decide to leave your doors and windows wide open ( which is highly unlikely), then 'peaceful entry' means by way of invitation.