Debt incurred by my son - where do I stand?

[avlasc]

My 20 year old son has been fined 270 pounds for non payment of a bus fair. He has ignored the courts letters and now has been contacted by the bailiffs. Now he genuinly cant pay the minimum amount requested. I am not going to pay as I think he needs to learn a lesson. My question is, where do I stand with this, can the bailiffs take anything that belongs to me. My son is unemployed but is not claiming benefits.

[lookinforinfo]

I assume that the £270 includes the fine and the bailiff fees, rather than

just the court fine?

Your son can write to the bailiffs asking for a breakdown of their charges

to confirm that they are not overcharging him. However that is only delaying

the inevitable. The bailiffs will come round with a distress warrant and this gives them greater powers of entry.

 

They should not take anything of yours, but you have to be able to prove

that they are yours with receipts for instance. Obviously anything in his

room will be considered his.

So if your son wants to avoid putting you through all of that, then the quicker he either signs on, or gets a job the more chance he has of resolving the situation.

He should also go to Citizens Advice and as he did not attend Court at the time, he may be able to get a rehearing on the grounds that the verdict

is in breach of his human rights as he was not there to defend himself.

if he does get a rehearing he will have to attend Court with some sort of

plan how he intends to pay the fine and charges. It would therefore be in

his favour if he has an income of some sort.

[blfuk1]

My 20 year old son has been fined 270 pounds for non payment of a bus fair. He has ignored the courts letters and now has been contacted by the bailiffs. Now he genuinly cant pay the minimum amount requested. I am not going to pay as I think he needs to learn a lesson. My question is, where do I stand with this, can the bailiffs take anything that belongs to me. My son is unemployed but is not claiming benefits.

 

First, if he did not attend court then he has no redress under HRA as a summons would have been sent to the address he gave police at the time he was charged. Not turning up and being convicted in your absence does not give you cause to say you did not receive a fair hearing.

 

Next, if the original fine was £270 then there will be bailiff charges on top (fee for admin/letter - circa £25-35) and fee for attending (circa £90-£100). Bailiffs can only take goods which belong to your son. If they cannot find goods and he does not pay then the warrant will be reurned to court and a warrant may be issued for his arrest to bring him back before the court to show cause why he should not be committed to prison for an unpaid fine. The bottom line is that a fine is a punishment and if he does not pay it then alternative punishment must be found.

[avlasc]

Thanks, I have PMd you with details .. Posted here as it might help others ... the fact is he doesnt work - will not sign on and he is looking for work ...

 

Thanks, and you are right its Drakes .. as it stands now he was originally fined 260 pounds - he spoke to the courts who were happy to accept 5 pounds per week, despite my constant nagging he never paid them.. now I have a letter from Drakes demanding it gets paid in full within 7 days and have included 50 pounds costs .. so now the total is 310 pounds. I called them today on my sons behalf, they will only accept 39 pounds per week -- - - and I have to sya he hasnt got it. Do you need any other details? My concern is that if I let them in, they will take stuff that doesnt belong to my son ie stuff belonging to the me or the rest of the family. What a pain .. and I do appreciate your help.