Not my Debt

[Worried Mother]

Bailiffs have served a final notice on my son who lives with me and state they will be at the premises on Friday 12th Oct at 10 a.m. to force entry with powers under the Schedule 4A Domestic Violence, Crime and Victims Act 2004. I am not responsible for my sons debts. The house and everything in it is my property bought and paid for my myself. How do I protect myself against these bullies?

[ploddertom]

Re: Not my Debt

Marstons by any chance?

Go to any solicitors and swear a Statutory Declaration to the effect that all goods etc are yours - no appointment usually needed, cost £5/£10 & you will need 3 notarised copies.

As for your son has he spoken to them? Does he know anything about his fine(s)? Did he live with you when the offence(s) were committed? Has he received any notifications from the Court prior to the Bailiffs visit?

[bluebottle]

Re: Not my Debt

Also, contact the court and ask for the direct telephone number of the area HMCTS Enforcement Manager. You need to establish whether the court has given written authorisation to whichever bailiff company is involved to force entry. Do not speak to clerks or the bailiff company involved. Only speak directly to the HMCTS Enforcement Manager.

Bailiff companies working on behalf of HMCTS require written authorisation from a court in order to force entry. They cannot just force entry nilly-willy or when they feel like it. HMCTS Enforcement Managers are there to ensure contracted enforcement agents obey the law and do not behave in a manner that brings HMCTS into disrepute.