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Help urgently needed.

 

My son left home over a year ago, however, a year ago he decided to ride a train with no ticket and got caught. Rightly so he received a fine and he never paid it. He was taken to court and a £20 fine escalated into £400 court fine. Which I have to say he deserves. All through this he has not changed his address and all correspondence keeps coming to my home.

 

To my horror last night when I got home there was a Notice of Distress Warrant on my doorstep. I am petrified that bailiffs will turn up and break into my house and my son doesn't even live there. He is not on the electoral register, no correspondence apart from his debts (much to my disgust) comes to my home for him.

 

 

Please please please can someone give me some advice.... I have until the 24th December according to the letter.

 

FDAO xx

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Sorry to ask a few questions that you may think are not relevant but they are important.

 

How long have you lived at the property and how old is your son?

 

Please post back asap.

Edited by tomtubby
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You could swear a Statutory Declaration at the magistrates court as to his non residence and that no goods on the premises are his, does he appear on the Register of Electors at your address, if he has been gone a year he should not, that in itself helps prove hr doesn't live there.

 

The bailiff CANNOT as alluded by tomtubby sieze your property or break in for his debt if indeed son has been non resident this past year; if he turns up film the bailiff with a mobile phone even to capture any threats that can help with a complaint to HMCS Enforcement later

Edited by brassnecked

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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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There was a very good reason for my asking the questions. If your son had been 35 years of age and you had only lived in the house for a year then it is possible that the bailiff COULD assume that goods in your house may have been purchased by him.

 

Given that your son is only aged 20 and you have lived in the house for 10 years then it is very unlikely indeed that a bailiff could rely upon such an "assumption".

 

There is however a problem and it is this:

 

From a GREAT deal of experience ( work wise not personally) I can assure you that many parents contact bailiff companies on behalf of sons and daughters with debts for court fines and parking tickets to "claim" that the debtor does not live at the property and sadly, in many cases this is not true. Because of this bailiffs will be sceptical so please take this on board.

 

If you are in contact with your son he can make a application to West Mercia to submit a Statutory Declaration and this will stop all enforcement.

 

Have you spoken to West Mercia to explain the situation. I would suggest that this is done immediately?

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Within the past 2 years a lot of courts have closed and amalgamated with others. I think that with West Mercia you will find that all enquiries are now through Hereford Magistrates Court.

 

The following number is for Fines Enquiries:

 

 

01562 514000

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I have called Collectica this morning who have told me that if I provide a copy of my register of electors to prove that his name is not on the electoral roll they have said that is enough to stop action at my home? Is that correct and will is cost money to swear a declaration?

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stay off that phone to the baiiff

 

he should have already taken reasonable steps, like checking voters BEFORE he started to try and fleece you

for a debt you do not owe.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Do as you mentioned at post# 7 A stat dec costs around a tenner and can be done at a solicitors or a magistrates court. Collectica would be very silly if they ignored a stst dec.

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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Are you able to locate a copy of the electoral register?

 

I would suggest that you do NOT speak with the bailiff and instead send am email to explain that you have lived in the property for 10 years are that your son is just 20 years of age and owns NOTHING in the property and that furthermore you will NOT under any circumstances b paying this debt for your son.

 

Have you spoken with the court?

 

If you are not able to lay your hands on the electoral register then you need to remind Collectica that they can easily obtain a copy from their own extensive tracing databank.

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I called them and emailed them today a copy of our egister of electors to demonstrate that my son does not live here, they have told me that they have heard nothing from him despite him telling me that he has paid money towards this debt. I am past that part now as I just want to make sure that they do not now or in the future knock or try to force entry into my home.

 

Can they force entry while I am not home?

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First thing tomorrow morning get the stat dec done. Forget about them forcing into your home. IT is an empty threat. You are falling right smack centre into their trap.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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As simple as walking into the court or any solicitors, telling them you want a stat dec done, and give them the fee. Note, that the contents of the stat dec must be true, as it is a full legal document. There are severe penalties if there is false info on there.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If Collectica indulge in corporate muppetry and threaten you for the debt, send a Formal complaint to the Area HMCS Enforcement manager, and also copy in your MP. Collectica are now as you have given proof of non residence of the named debtor, on very shaky ground, add a stat dec into the mix and a locksmith and they are looking at criminal offences by their bailiff, and the locksmith. if they are stupid enough to proceed with a forced entry.

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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I personally wouldn't do a stroke. Why should you do their job for them? It is up to them to establish the whereabouts of your son. They are chasing a person, not an address.

 

 

You have done more than you are required to by emailing them the

 

If it were other bailiffs and a civil debt then yes, they have, as this is a HMCS fine Collectica could well use a locksmith in extremis i's need dotting and t's need crossing with that bunch, they are worse than Busted & Stupid

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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Just saying what I would do BN

 

 

I don't help bailiffs, I require them to carry out their own investigations regarding the current residence of the person they are seeking.

 

 

They have had an email providing the documentation that THEY requested. They cannot now carry on enforcing the debt without further evidence that the son resides there.

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Just saying what I would do BN

 

 

I don't help bailiffs, I require them to carry out their own investigations regarding the current residence of the person they are seeking.

 

 

They have had an email providing the documentation that THEY requested. They cannot now carry on enforcing the debt without further evidence that the son resides there.

You are correct but as we know bailiffs LIE

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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now I am very scared, this sounds awful. if I wasn't worried before I am now? does that mean they can turn up with a locksmith beak in and take my things and my chidrens things and there is nothing I can do?

 

Earlier today I provided you with details of the court that authorised the warrant. I assume that you have not spoken with them and instead....have been speaking with a bailiff.

 

I would suggest that you CALL the court in the morning to explain what has happened.

 

Next I would suggest that you send am EMAIL to the court as well with a copy of the letter that you have sent to Collectica. It would be a good idea to send a TEXT message to the bailiff as well. This forum is very popular and many bailiff companies view posts on a daily basis. I will therefore PM you with suggested wording.

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now I am very scared, this sounds awful. if I wasn't worried before I am now? does that mean they can turn up with a locksmith beak in and take my things and my chidrens things and there is nothing I can do?

Don't worry, you have provided them with information, they know the named debtor (son) is non resident and nothing at your house is his. They would be very unwise to try a locksmith to force entry, any levy and the forced entry would be unlawful, the bailiff is hoping he can intimidate you into "volunteering" to pay the debt. A Stat dec would kill his pig completely.

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

 

If you want advice on your thread please PM me a link to your thread

 

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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