Parents being hassled by bailiff for debt that is not theirs

[bilderberger]

Hi,

I've received a CCJ for an alleged debt that has been entered in default against my last known address.

 

 

I havent lived in the UK for 6+ years and didnt receive any of the papers obviously.

 

 

The judgment has been entered against my parents address where I lived for a short while before I emigrated.

 

 

My parents just received an enforcement noticed from the bailiffs.

 

I'm in the process of trying to get this CCJ set aside and will try to obtain a stay on enforcement

obviously because judgment should not have been entered in the first place as a non-resident,

 

 

however I'm very concerned about the prospect of my elderly parents being hassled by the bailiffs

and would like to know what steps they should take to ensure they do not receive an un-necessary visit,

or even worse, have their things taken or their car clamped.

 

Any advice on what they should do would be greatly appreciated!

[tomtubby]

A few more details are required in order to provide an accurate answer.

 

Is the debt with county court bailiffs or with a firm of High Court Enforcement officer?

 

How much is the debt?

 

Under the new regulations that took effect on 6th April 2014 there is an obligation on bailiffs that they should only take goods belonging to the debtor. Now whilst this is in the regulations the reality is that some bailiffs will try to pressure others (most commonly parents) for them to prove that the goods within the property are owned by them and not the debtor.

 

In your case, I would suggest that you send an email immediately to the enforcement company to advise them that you are seeking to set aside the judgment but most importantly that you left the UK six years ago. You will need to provide some sort of evidence (which I will leave up to you) and this should suffice. You need to do this today.

 

Are you able to let us know which company are seeking to enforce this debt.

[bilderberger]

thanks so much for the quick reply!

 

The CCJ was for about £850 and ordered in monthly installments of £50 - the warrant of execution including bailiff charges had bumped it up to about £1100 - I dont have the exact amounts to hand right now.

 

The order was sought by Bryan Carter and the debt may be in question as to validity because I was sure I settled all my debts before leaving,

 

 

I closed my bank accounts too so its going to be difficult for me to check,

 

 

but more importantly if valid it would be statute barred in about 3 months which is possibly why they went for a judgment.

 

Its a county court judgment, not a high court writ, the bailiffs are the local county court enforcement officers.

 

I was wondering if the matter could be dealt with by my parents and a statutory declaration,

additionally my parents can give an overseas address for future correspondence for me?

 

If I contact the enforcement agents myself, would this count as "acknolwedging the debt"

and jeapordize any chance of this being statute barred, if the debt is valid?

[unclebulgaria67]

Hi,

I've received a CCJ for an alleged debt that has been entered in default against my last known address. I havent lived in the UK for 6+ years and didnt receive any of the papers obviously. The judgment has been entered against my parents address where I lived for a short while before I emigrated. My parents just received an enforcement noticed from the bailiffs.

 

I'm in the process of trying to get this CCJ set aside and will try to obtain a stay on enforcement obviously because judgment should not have been entered in the first place as a non-resident, however I'm very concerned about the prospect of my elderly parents being hassled by the bailiffs and would like to know what steps they should take to ensure they do not receive an un-necessary visit, or even worse, have their things taken or their car clamped.

 

Any advice on what they should do would be greatly appreciated!

 

They can't pursue your parents for this and should stop enforcement once they are told you don't live there.

 

 

But bailiffs just want paying, so may think your parents are lying to them.

Your parents can go down to their local Magistrates and swear a statutory declaration (SD) that all goods

at x address are the property of Mr A Smith & Mrs B Smith.

Or if Magistrates is not convenient to them, a local Solicitors will do the SD for a small fee.

 

 

Then provide the SD to the bailiffs, saying that the person they are seeking Mr C Smith does not reside at x address

and no goods of his are at the address.

 

In regard to your set aside, you would have to be present or represented in a UK court at any hearing.

 

 

You would have to state reasons for the set aside, which must be grounds other than you were not in the UK.

 

 

A UK creditor can issue a court claim to a last known UK address,

if they have not been told by the debtor that they have moved abroad.

If you don't have the paperwork from the court, as to what the claimant submitted to the court,

you can submit an application to the court for a copy of the paperwork using CPR 5.4.2

with the admin fee due which I think is £11.

[tomtubby]

Given that the debt is being enforced by a County Court bailiff they will be far more agreeable to stopping enforcement whilst you apply to court to set aside the judgment. The set aside application fee is very steep indeed at £155 so bear this in mind when applying.

 

County Court bailiffs are employed by the court and are not motivated by fees (unlike private sector bailiffs). They are very approachable indeed and I would urge you to contact them outlining that your parents have been in touch to advise of the court matter and that you left the UK six years ago.