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Bailiff help please

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  • Bailiff help please

    A family member of mine, her son who has mental health issues and who is not on the register at her house had received a number of fines from the railway he basically bunked on the trains and got caught a number of times he is in his lte 20s,from what i can make out he put his mothers address down and did not pay the fines they sent it to the bailiffs and the total was 500 pounds, the bailiffs went to his mothers house but she was not in at that time,but when she got in she noticed a card stating the bailiffs called she was in shock she contacted her son he never sorted it out. so his mother phoned up the bailiffs they went to town on her telling her they will take any cars out side the house plus bring a lock smith to gain entry,she told them her son does not live at the address they ignored her, of course she panicked and paid them,my question is can she get her money back as i am going to deal with it on her behalf. her son does not live at the address not on the register plus he has mental health issues,but he gave his mothers address down,any help please
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  • #2
    Re: Bailiff help please

    She has fallen for the classic ploy by Bailiffs where they threaten to visit & remove unless the parent coughs up for their offspring. I doubt she will be able to get it back. If they are Court Fines and her address has been given there must have been a string of letters about this and if the son has had them he quite likely posted them in the round filing cabinet with the lid on. The only real way forward is to check the post and see if she can talk on his behalf if he does not understand what he is doing.

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    • #3
      Re: Bailiff help please

      many thanks for your reply, its a safe bet he managed to get the letters before she had chance to see any thing as she works all day, but i feel as its his debt and he does not liv at that address and she only paid the bill out of fear their must be a way to get redress .

      Comment


      • #4
        Re: Bailiff help please

        Originally posted by bullring57 View Post
        A family member of mine, her son who has mental health issues and who is not on the register at her house had received a number of fines from the railway he basically bunked on the trains and got caught a number of times he is in his lte 20s,from what i can make out he put his mothers address down and did not pay the fines they sent it to the bailiffs and the total was 500 pounds, the bailiffs went to his mothers house ........
        If your friend is considering making a complaint, she will need to consider the following:

        The enforcement company will usually respond by advising that the payment that your friend made was 'voluntary'.

        As her son had provided your friends name when caught using a train without a ticket, it would sadly be the case that your friend would have received quite a few letters about this offence. The first document would be a summons. That would be followed by a Notice of Fine/Collection Order. Finally, a Further Steps Notice would have been sent.

        In addition to the three notices above, the enforcement company would have sent a Notice of Enforcement. The debt at that time would have included a Compliance Fee of £75.

        What did your friend do with all the notices?

        Did she pass them over to her son?

        Comment


        • #5
          Re: Bailiff help please

          Hello friend, it was the son that hide all the letters that came to the house as his mother works so would not have seen any post, it was only the sons mother who saw the card from the bailiff company then she approached her son to settle it but he did not ,so she phoned up the bailiff company were she pointed out her son does not live at her address and not on the register but they ignored that fact and continued to threaten her with them coming out to her house with a lock smith to force entry and they asked her to produce receipts to prove what was hers in her own house, she panicked and asked her daughter to pay for the debt under duress. the debt is in the sons name not his mothers he does not live at her address his mother had not idea what was going on until she seen the card.

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          • #6
            Re: Bailiff help please

            The "not living at the address" is something they hear everyday and they visit to satisfy themselves.

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            • #7
              Re: Bailiff help please

              Originally posted by bullring57 View Post
              Hello friend, it was the son that hide all the letters that came to the house as his mother works so would not have seen any post, it was only the sons mother who saw the card from the bailiff company then she approached her son to settle it but he did not.
              A fairly obvious question but how was the son able to get access to the letters if he does not live at the house?

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              • #8
                Re: Bailiff help please

                of course they must hear this, but they only have to look on the housing register for proof this point, and for them to make threats of forced entry is a disgrace, any one can say they are living at any address does not make it so, without proof. and in this case their is no proof.

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                • #9
                  Re: Bailiff help please

                  their is some one in the house as some do shift work.

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                  • #10
                    Re: Bailiff help please

                    Originally posted by bullring57 View Post
                    of course they must hear this, but they only have to look on the housing register for proof this point, and for them to make threats of forced entry is a disgrace, any one can say they are living at any address does not make it so, without proof. and in this case their is no proof.
                    In the first instance, there is no requirement for enforcement companies to check housing registers etc. Secondly, as this is a criminal court fine, the enforcement agent is permitted to force entry.
                    Last edited by Milo; 13th November 2016, 18:54:PM.

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                    • #11
                      Re: Bailiff help please

                      Originally posted by bullring57 View Post
                      their is some one in the house as some do shift work.
                      I picked up on your earlier comment (it was the son that hide all the letters that came to the house).

                      If your friend is considering making a complaint, it is important to ensure that accurate background information is available.

                      Comment


                      • #12
                        Re: Bailiff help please

                        hello milo many thanks for reply, they were informed the person they seek did not live at the address and were willing to show proof of that fact,but they chose to ignore that fact and proceed to carry out their threats,so by that logic any one can state they are living at any address run up a bill and the bailiffs will ignore your evidence and proceed with their threats,

                        Comment


                        • #13
                          Re: Bailiff help please

                          Originally posted by bullring57 View Post

                          so by that logic any one can state they are living at any address run up a bill and the bailiffs will ignore your evidence and proceed with their threats,
                          But that is not the case here.

                          As you said in your opening post:

                          her son had received a number of fines from the railway he basically bunked on the trains and got caught a number of times he is in his lte 20s,from what i can make out he put his mothers address down and did not pay the fines
                          What is more, the son clearly received the notices that had been sent to his mothers house. Your following comment is evidence:

                          (it was the son that hide all the letters that came to the house).
                          PS: My above comments do not mean that a complaint should not be made. All that I am trying to say is that his mother needs to make sure that she gets her facts correct.
                          Last edited by Milo; 13th November 2016, 20:03:PM.

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                          • #14
                            Re: Bailiff help please

                            Why did she not give the bailiff his address or contact him on the phone

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                            • #15
                              Re: Bailiff help please

                              i understand what you are saying and i should have pointed out early on that i was assuming their was a number of fines because of the size of costs which was 500 pounds, i could not believe 500 pounds for one fine, no one knows how many times he has done this could be one or ten,but judging by the costs i assumed it was more than once that was my error this only got to me last night so excusse my error his mother does not even know she just panicked by the statements of the bailiffs when she phoned them to try and sort this out,they did not offer her time to get advice on this matter,they told her point blank they were coming out the next day to force entry and took no notice of her plea,they did not tell her they would need a judge to sign of on a warrant to force entry they lied and made threats to obtain money by duress,

                              - - - Updated - - -

                              she tried to them but they would not listen,

                              Comment

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