Unpaid Fine

[nailit]

My 18 year old son received 200 pounds worth of fines and costs a couple of months ago at magistrates court. In court he gave his address as mine even though he's classed for other purposes as living with his mum. However it appears that he hasnt been paying his fine and hes received a final demand for payment in full from the court. The letter states that if it isnt paid then steps will be taken to recover the money and one of the possible steps will be refferal to the bailifs for siezure of goods. Since he isnt actually living with me how would this work out with the bailifs? Would they have a right to enter my home or take my goods? The only possessions that my son has at mine is a bed and a cd player.
Thank you.

[sandyRoe]

They can't take your property to pay someone else's debt

[baza]

hand over the bed and CD player to the court, then make the little rascal sleep on the floor and listen to your choice of music, that should bring him to heel.

[nailit]

Thanks sandy but how would they know whats his and whats mine? How could I prove (for example) that the cd collection in the home is mine and not his?

[nailit]

LOL Baz

[sandyRoe]

They're hardly going to confuse your 'Easy Listening' CDs with the sort of stuff an 18 year old would play

[nailit]

Haha, ok, bad example but same question. How would I be able to prove whats mine and whats his? A tv for example. Ive heard stories before about bailifs taking things that didnt belong to the debtor (rightly or wrongly)

[baza]

C.Ds,
ABBA greatest hits , his
Stone Roses yours ?

[baza]

not sure how you can prove ownership unless you keep the receipts which not many of us do. Would they not have to prove it belonged to your son rather than you prove you own it ?

[sandyRoe]

Write to the court and tell them he doesn't live at your address. Even if bailiffs did call to your home you're not obliged to let them in.

[EDDIE51]

Yes ^^ contact the court and tell them he no longer lives with you and give them the correct address. Or just pass the letter on to him and get him to sort it out, it is not your problem he is 18 and an adult.
If bailiffs do turn up just explain to them that the person concerned does not live there. This happened to me, my daughters ex partner ran up a council tax bill and gave my address. The bailiffs turned up and I explained the situation, I showed them proof of my ID and a rent statement to prove that I was the registered tenant and they went away. I told them I did not know his current address, which was the truth.

[nailit]

All very helpful answers, thanks.
I will contact the court and tell them that hes not living at mine but Im a bit reluctant to give them his mums address. The reason that he gave my address in court was that he was already under the supervision of the youth offending services and I was handling any contact/correspondance with them because his mum found it all a bit to much to handle. Would I be in my rights to simply say that he isnt living with me and I dont know where he is? Even though hes officially living at his mums neither of us see that much of him as he spends most of the time with his mates.
Thanks again.

[nailit]

Would I be obliged to tell the court his mums address?

[cassa333]

For goodness sake. You don't want bailiffs knocking on your door but are reluctant to give them the right address!!!!

He gave your address. He either tells them where he lives but uses your address for corrospondance or you tell them.

In fact take him by the short and curlies to the court and make him tell them where he lives and why he hasn't paid his fines. Or has he no intention of paying and doesn't care he is putting you and his mum in a difficult position?

[nailit]

cassa, if I give his mums address then its just shifting the problem on to her and she isnt coping all that well herself at the moment (for reasons that im not going into on a public forum) Just want to know if id be within my rights just to say that I dont know where he is and leave it at that.

[cassa333]

Legaly I don't know but perhaps if she isn't copeing he could live with you? He does after all have a room at yours already :)

Shifting the responsibility to no one isn't actually going to help much really.

Either that or get the 18 yr old to shift out and get a place of his own. It might teach him a bit of resposbility.

[kvalidir]

Just tell them you have no idea where he is, how are they realistically going to challenge that, they aren't mind readers?

[nailit]

Thats what i was thinking kvalidir.
cassa,
//Either that or get the 18 yr old to shift out and get a place of his own. It might teach him a bit of resposbility.//
couldnt agree more but when its your own kid its a different story...
Have got my own legal issues at the moment and dont want to drop myself in it by refusing to give his mums address, and dont want to give his mum any more stress than that which shes got at the mo. And truth be told I dont want to see my son go to prison for non payment but theres nothing i can do about that if he isnt making any payment. just questioning the legality about bailifs at the mo.

[EDDIE51]

Just tell them you are no longer in contact with him and you do not know his address. There is nothing they can do about it families do loose contact with each other. If any more letters arrive for him , return them unopened! just write 'Return to sender, no longer at this address' across the envelope and put them back in the post box.

[Peter Pedant]

You are not the first
this is a common issue for rented accommodation when tenants move on.
and so.... everyone knows about this. Write to the court and say he isnt at the address,

Are you paying council tax for him ? You should take steps to get him off the bill. Is his name on ony of the bills - take steps to get them into your own name.

Everyone apparently opens letters not addressed to them, 'as it just gives warning that bailiffs are on their way instead of a surprise' howver you arent meant to.

First of all they are meant to say John Brown ?
and if your name isnt John Brown you say no.
You dont have the same name as your son do you ?

And no you dont have to let them in. So if they say can we come in say no. If necessary. meet them outside and close your door on a latch and keep the key with you.

They SHOULD do a drive-by first and leave a letter - we're on our waaaay ! and a contact number.

If anything is unclear repost - I have clearly had lots of practice in this and yet never met a bailiff - altho' I have spoken to a few.....

[Peter Pedant]

Oh and keep copies of all your letters you send
and print out emails
if you phone, follow up with a letter: I phoned and this is what was said....

As for the legality of the bailiffs - yeah it is legal - he DID give your address. and so you have to expect them to start at yours.

A council tax demand only in your name is pretty good for showing it is you and only you that is at the address.