Distress Warrnat - Urgent Advice Needed

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Re: Distress Warrnat - Urgent Advice Needed

Postby Greatest Cockney Rip Off on Tue Mar 14, 2017 3:54 pm

brownout wrote:Fines for criminal matters - possession of drugs, theft etc. Plus the court fees & victim surcharges they add.


Ah, in that case all bets are off. If it's a criminal matter you'll need to speak to the CAB or some legal representative. Surprised they're going ofter your goods. I would have thought they'd have gone for an arrest warrant for your son.
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Re: Distress Warrnat - Urgent Advice Needed

Postby FreeWheeling on Tue Mar 14, 2017 3:57 pm

brownout wrote:Our son owes many fines and court fees etc. He hasn’t lived at our house for 6 years but always gives our address. Today two people from Marston Holdings came round today with a court warrant to take goods to value of £500. They accepted that he doesn’t live there but said as our address in on the warrant they will come back in two days (with a locksmith) and take goods to that value which will be stored for 5 days and returned if we can provide receipts. They said the only way we can stop this is to pay the fine.
Any advice on how to deal with this would be gratefully received.


Marstons, a company well know for using dirty tactics, lies and misinformation

Just checked, It looks like only HMRC court orders can force their way onto the property
Last edited by FreeWheeling on Tue Mar 14, 2017 4:04 pm, edited 1 time in total.
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Re: Distress Warrnat - Urgent Advice Needed

Postby hessa on Tue Mar 14, 2017 3:58 pm

If you have discussed this one of the legal bods on here then I'm sure that is the most appropriate advice for you to be following.

It occurred to me that if your son hasn't lived with you for 6 years, presumably he isn't listed on the electoral roll as residing at your property? Can't that be provided as proof of his non residence at your address?
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Re: Distress Warrnat - Urgent Advice Needed

Postby the pink palermo on Tue Mar 14, 2017 4:33 pm

I'm actually very angry reading this .

A normal citizen getting bullied by the state , harassed by the crowns agents for the sins of others .

And whatever sins have been committed, compassion and assistance would be better than punishment and grief .

Good luck Brownout I hope one of the legal bods on here can do something for you .
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Re: Distress Warrnat - Urgent Advice Needed

Postby -DL- on Tue Mar 14, 2017 5:01 pm

You need to write to the court and bailiff and tell them that your son no longer lives there and hasn't done for 6 years.

Send recorded delivery.

https://www.citizensadvice.org.uk/debt- ... -bailiffs/

It's also a current news story the way they behave.

http://www.bbc.co.uk/news/business-39257398

Good luck Mr C. :thup:
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Re: Distress Warrnat - Urgent Advice Needed

Postby -DL- on Tue Mar 14, 2017 5:02 pm

FreeWheeling wrote:
Just checked, It looks like only HMRC court orders can force their way onto the property


And for non-payment of fines according to this:

https://www.gov.uk/your-rights-bailiffs ... iff-visits
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Re: Distress Warrnat - Urgent Advice Needed

Postby White Goodman on Tue Mar 14, 2017 5:31 pm

Judging by this comment on the BBC website, I think I found out where Claretdave went upon receiving a ban on KUMB :-)

116. Posted by Grylls
on
30 minutes ago

113. Poverty will never land at my door.

None of my properties are mortgaged in any way, none of my vehicles are on finance. I work but don't need to as I have a very substantial share portfolio and I take full advantage of my ISA allowance each and every year. I could easily live off my dividends and/or rental incomes.

I'm 36 and set up for life, I made the right choices
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Re: Distress Warrnat - Urgent Advice Needed

Postby Estuary on Tue Mar 14, 2017 5:50 pm

BO, good luck.
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Re: Distress Warrnat - Urgent Advice Needed

Postby delbert on Tue Mar 14, 2017 6:31 pm

sendô wrote:As the writ is only against your address (related to your son's activities) and not against you or anyone else living there - can you not hire a van or somesuch and move everything of perceived value (that you cannot prove ownership of) away from the property, into some sort of storage or else a friends/neighbours/relatives house?

Serious question.


You beat me to it mate, doing that at least saves any sentimental or expensive items from the bullying twats.

I thought they had to have plod with them if they intended breaking in? Show's how much I know and how much power these dodgy firms have been given.
Suppose you had a big lunatic dog, how happy would a locksmith and the mensa candidates be going into your house uninvited then?
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 7:39 pm

Unfortunately time is of the essence as they said they’d come back in 2 days. Bailiff not at all helpful. I assume they get paid on results. Nasty people. Challenged me when I said it’s 6 years since our son lived here as my wife had said 5. It’s 5½. He told my wife they would take my youngest son’s music equipment even though the know it doesn’t belong to the older one. Then we’d had five days to produce receipts to get it back – no doubt with more changes to pay. Of course we don’t have receipts.

The behaviour of these companies and the charges they can make is a disgrace. It suits them to go away and come back then they can charge for another visit. If they turn up when I’m here I fear it will be me seeing the inside of a cell.

My son has been convicted of over 50 offences, mostly shoplifting but quite a few others. He has committed many many more. He has served about 8 spells of various length in prison or young offenders. He must have accrued fines and related costs exceeding £7500. He never pays train fares and must have had at least 25 penalty fares but never pays them, yet he’s never been prosecuted. For 8 years he’s treated youth offenders & probation with contempt, repeatedly being sent back to court for breaching orders but every time they say if you do it again they’ll be serious consequences but there never were. The courts are hopelessly inconsistent and disorganised. They never check his address and solicitors allow him to use it even if they know he doesn’t live there. On one occasion he was giving a friend’s address whose mother contacted me very upset that police were calling looking for him at all hours of day & night. I told solicitor he wasn’t living there but she said she had to take my son’s instructions. I got the lady to text me to say he couldn’t live there but the solicitor refused to refused to look at it. She only got him to change the bail address when I said I’d tell the court.

As for fines. £3500 worth were put together and he got a summons to go to court. I told him if he didn’t a warrant would be issued and he’d go to prison. He didn’t go. All that happened was they sent another summons for the next month. He’s now missed four hearings and each time they’ve just reissued it for another date. He once had about £1500 written off as part of a prison sentence. Served one day – concurrent so effectively no punishment. And now they’ve decided to pursue one lot it is his family who are being punished not him.

What could we have done different as parents? I don’t know. I’ve supported him in so many ways, attending court, visiting prison, getting him out of numerous scrapes. He can be a very nice lad but from the age of about 15 has had no regard for the law or other people. We adopted him aged 6½ prior to which he had had a difficult time with lack of proper care from parents & carers. Social services have been rubbish all the way along. I managed to line up loads of help when he last came out of prison but he just doesn’t turn up for appointments – not even to get benefits. Being strict or soft, nothing worked. He only avoided getting chucked out of senior school because they made such an effort for him. His junior school said they’d never come across a child who gave such little thought to the consequences of their actions on themselves, let alone others.

It has been such a battle to get help for him all the way along but so many people have tried. Partly because they can see potential, that he is likeable and allowances made for his past. Even now I’m in regular contact with his probation officer who is really good but can’t do anything if he doesn’t attend. But he’s 23 now, his behaviour has had such an impact on us for the last ten years and I just don’t think I can do any more.
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Re: Distress Warrnat - Urgent Advice Needed

Postby westham,eggyandchips on Tue Mar 14, 2017 7:46 pm

brownout wrote:We are moving my younger sons guitars out but can't take everything.



I'd be moving everything out, to be on the safe side.

Definitely don't let them in though.






BTW, I didn't think they could force entry?
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Re: Distress Warrnat - Urgent Advice Needed

Postby Burningaham on Tue Mar 14, 2017 7:53 pm

Can't you just put a notice up withdrawing the implied right of access?
Google it
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Re: Distress Warrnat - Urgent Advice Needed

Postby Burningaham on Tue Mar 14, 2017 8:05 pm

Also, if they do take anything of yours 'wrongly' they are liable for any costs involved in that, including returning them to you.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Iron-worx on Tue Mar 14, 2017 8:08 pm

Burningaham wrote:Can't you just put a notice up withdrawing the implied right of access?
Google it


People come to your door under the common law assumed right to visit, once told that you're withdrawing that right they can no longer visit. I didn't have a TV for a few years while I was living alone (I barely ever watch tv) and I withdrew the right for TV licencing to visit.

I very much doubt that overrides a court order though.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Greatest Cockney Rip Off on Tue Mar 14, 2017 8:16 pm

brownout wrote:He told my wife they would take my youngest son’s music equipment even though the know it doesn’t belong to the older one.


You need to get them on camera admitting they know, your son doesn't live there and it's your youngest son's equipment and then call the police, claiming they're causing distress and harassment. The police, if they're worth their salt will check the warrant and see that it SHOULD be for your eldest son and in effect they have no reason to be pursing the claim against you and your family.

The behaviour of these companies and the charges they can make is a disgrace. It suits them to go away and come back then they can charge for another visit. If they turn up when I’m here I fear it will be me seeing the inside of a cell.


They'll more than likely have a list of charges that they say you'll be liable for. Refuse to pay it until you see a breakdown of the charges (which is your right) and them tell them to go do one. I've done this before with my ex who managed to get the bailiffs on to my old address when she buggered off. Luckily I'd been doing a lot of research, and managed to send them away on their first attempt but they came back a week later. They cannot take stuff that does not belong to the person who's name is on the warrant. That's a simple fact. You are not liable for any of the debt. I seriously believe they are trying it on. Make it clear you are taking this further and will be complaining about their behaviour and their company to the court that issued the warrant.

https://www.citizensadvice.org.uk/debt- ... -bailiffs/" onclick="window.open(this.href);return false;" onclick="window.open(this.href);return false;

I feel for you mate, that sounds like a **** situation with your son and just goes to show how useless the courts are.

Iron-worx wrote:I very much doubt that overrides a court order though.


The court order is against the defendant, not the defendant's immediate family. They've already admitted that they know he doesn't live there but make sure you get that on film - film every move they make from start to finish. They won't like it but you're perfectly entitled to film on your own property. If they are knowingly pursuing a debt for a person they know doesn't live at the address then the police MUST be called and the bailiffs reported for causing harassment and distress.
Last edited by Greatest Cockney Rip Off on Tue Mar 14, 2017 8:20 pm, edited 1 time in total.
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Re: Distress Warrnat - Urgent Advice Needed

Postby Romford on Tue Mar 14, 2017 8:19 pm

As someone who used to do some debt collecting in my time, many moons ago...one thing i do know is if you have reciepts for items that you can prove you bought, they cannot touch them.

I am very surprised you are still legally accountable for a 23 year old :?
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Re: Distress Warrnat - Urgent Advice Needed

Postby mushy on Tue Mar 14, 2017 8:39 pm

This is nothing more that bullying, and bullying with the law on their side.
Its an absolute disgrace.
What is the point in actually keep on fining your son, it should be quite clear to any magistrate or judge that he is never going to pay.
I am speechless.
Am really sorry for your pain brownout, what sort of a society have we created that allows this to happen?
Its totally illogical to chase you for the money, it does nobody any good whatsoever.
Your son being a professional should have learned by now to give a false address, everyone else does.
I cannot offer any worthwhile advice I am afraid. Bailiffs are generally c*nts.
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Re: Distress Warrnat - Urgent Advice Needed

Postby brownout on Tue Mar 14, 2017 8:54 pm

Romford wrote:As someone who used to do some debt collecting in my time, many moons ago...one thing i do know is if you have reciepts for items that you can prove you bought, they cannot touch them.

I am very surprised you are still legally accountable for a 23 year old :?


t's not that we accountable but that the warrant is for our address. The bailiff's attitude is that they will take our goods and it's up to us to claim them back if we can show receipts.
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Re: Distress Warrnat - Urgent Advice Needed

Postby stouffer on Tue Mar 14, 2017 9:21 pm

Brownout,Have you tried the consumeraction group bailiff forum.Also,I'd be moving any cars off the premises,at least a 10 minute walk away.
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Re: Distress Warrnat - Urgent Advice Needed

Postby nickkarkie on Tue Mar 14, 2017 9:29 pm

I'm not sure they can issue a high court writ against a property, they can against a person or company, they can't take your stuff. Do none of you watch these Bailiff programmes on TV, they use those scare tactics all the time saying that they know such and such company is trading from an address and they are going to take goods unless you prove they are not, it's bollox, the debt can not be against you or your property, it's your son's debt, he doesn't live at your address and owns none of the stuff, of course they will start taking the stuff to scare you in to paying as you don't have the receipts.
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