Rights and/or Wrongs

[DragonFly1967]

It's not his address so they cannot execute the warrant there. It's his car, but your land, so they cannot clamp or tow it as the car is not at the debtor's address. They are your belongings, not his, so they cannot take them. A stat dec needs to be done ASAP to cover all of this, nothing more. You don't have to give Marstons his new address.

I'm not sure where you're getting your information from Neckbeard, but that advice is so wrong it's bordering on dangerous!

 

Bailiffs can, and do, attend any property (irrespective of who that property belongs to) in England & Wales where they believe a debtors property to be. In the case of court fines, they can force entry (with the permission of a magistrate) and seize goods that they believe belong to the debtor.

 

The OP should certainly make a statutory declaration ASAP, as well as speaking to the Welfare department at Marstons. Though you're probably correct about not having to tell Marstons his new address.

 

However, it's about time your son started to respect you both and deal with his responsibilities.

That's just about the only thing that you've said that's absolutely correct.

[Neckbeard]

Excuse me? Are you saying that if a bailiff turned up at your home pursuing a debt that wasn't yours you'd let them simply walk in, believing you could do nothing?

[Neckbeard]

Paragraph 10 of Tribunals, Courts and Enforcement Act 2007:

10. An enforcement agent may take control of goods only if they are goods of the debtor.

[DragonFly1967]

Excuse me? Are you saying that if a bailiff turned up at your home pursuing a debt that wasn't yours you'd let them simply walk in, believing you could do nothing?

Simply let them in, not in a million years.

 

But your assertion that because it's not his address they can't do anything is, in my opinion, incorrect.

 

As I said, bailiffs can attend at any property in England & Wales where they believe the debtor is, or where the debtors property is. And in the case of magistrates court fines, can force entry.

 

They may not be right, in as much as the debtor nor any of his property is at the property they've attended. But can you honestly say, hand on heart, that that would stop them? Especially if no one happened to be home at the time and they've forced entry.

[Neckbeard]

Citizens Advice site:

 

A bailiff can only usually take a vehicle from these three places:

 

• your home
  
• your place of trade or business
  
• the public highway.
  

The bailiff can't usually take your vehicle if it is parked on private land, other than your home or place of trade or business. This means that if your car is parked in one of the following places, the bailiff is unlikely to be able to take it:

 

• a car park, whether this is private or publicly owned
  
• the driveway of a family member or friend
  
• a garage away from your home
  
• a storage unit away from your home
  
• a piece of land belonging to someone else.
  

 

Am I still wrong?

[Neckbeard]

No-one is going to force entry. Paragraph 15 (2)©of TCE 2007:

 

15

 

(1)If an enforcement agent applies to the court it may issue a warrant authorising him to enter specified premises to search for and take control of goods.

 

(2)Before issuing the warrant the court must be satisfied that all these conditions are met—

 

(a)an enforcement power has become exercisable;

 

(b)there is reason to believe that there are goods on the premises that the enforcement power will be exercisable to take control of if the warrant is issued;

 

©it is reasonable in all the circumstances to issue the warrant.

 

As it can be shown it is not the debtor's address, any such warrant would not be reasonable

[DragonFly1967]

No, not 100% but... The bailiffs BELIEVE that this IS his home! Until it can be shown that it isn't, in a way that Marsdon's, and in particular, their bailiff accept, then the OP could be in for trouble.

 

 

 

Enforcement agents continue to have the extraordinary power to force entry to enforce unpaid court fines. This is derived from Schedule 4A of the Domestic Violence Crimes & Victims Act 2004 (which has not been repealed). In the past enforcement agents were expected to abide by the HMCTS Forced Entry Protocol (a copy of which is available on this forum). It would seem that enforcement agents do not need to seek prior approval.

[Neckbeard]

 

 

This is derived from Schedule 4A of the Domestic Violence Crimes & Victims Act 2004 (which has not been repealed).

 

Paragraph 3 (2) of that:

 

(2)The power may be exercised only to the extent that it is reasonably required for that purpose.

 

The OP's situation wouldn't even come close.

[ploddertom]

I've moved these posts from where they were originally posted as they had no relevance for the poster concerned.