my 18 yr olds fine

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johnny
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Joined: 27 Jun 2017 15:23

#1 my 18 yr olds fine

Post by johnny » 27 Jun 2017 15:47

my son had a magistrates court fine for criminal damage back in march which he hasnt paid he is 18 and i didnt pay it for him cause he needed to learn a lesson but a bailiff turned up on Saturday demanded 550 for a 220 debt my son dont work or claim any benefits so had no means off paying so told me that i was liable as a 3rd party cause he resides at my address if i didn't pay they were taking my possessions and my husbands car if i was aware that this would happen i would have cleared fine in first place

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Pote Snitkin
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#2 Re: my 18 yr olds fine

Post by Pote Snitkin » 27 Jun 2017 15:54

The bailiff is lying. Your son is an adult and no-one else is liable for his fine. The bailiff knows this but is hoping to scare you. If they did gain entry, they could only seize items that he owns, logically items in his bedroom.

Was your son means tested at the time of sentencing? If so, with no income the fine would be low with a repayment plan of £10 per fortnight. Is that the case here?
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

johnny
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Joined: 27 Jun 2017 15:23

#3 Re: my 18 yr olds fine

Post by johnny » 27 Jun 2017 15:56

yes but part of his probation was to sort his benefits out but this didnt happen

johnny
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#4 Re: my 18 yr olds fine

Post by johnny » 27 Jun 2017 15:58

we told him he could go in his room and take he wanted which wasnt much and he said no im listing and taking everything in house to clear debt and the car unless we could prove we brought the car as log book was not proof

johnny
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#5 Re: my 18 yr olds fine

Post by johnny » 27 Jun 2017 15:59

and i dont have finance on anything so couldn't prove furniture was ours so he said he could take it all

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Pote Snitkin
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#6 Re: my 18 yr olds fine

Post by Pote Snitkin » 27 Jun 2017 16:08

Receipts do no prove ownership. The name on the car's insurance will provide evidence of ownership. You can also complete a statutory declaration stating that the car and all goods in the home except for those in your son's room belong to you or your husband. Something like:

  • Statutory Declaration Act 1835

    I, [your name] of [your address] do solemnly and sincerely declare that:

    All goods and chattels located at [your address] are the sole or joint property of [you and hubby's name] save for items located in the bedroom of [son]

    And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1835.

    Dated the [date]

    Signed [Your signature] [Print your name]

    Declared before me [Signature of solicitor or other authorised person] [Print their name]
Take that to any High Street Solicitor, ask at reception for a stat dec to be witnessed, a solicitor will come out, swear the stat dec and charge you about £5. Make copies and send them to the bailiff and the court.

Also, tell your son to take his thumb out of his backside and sort his benefits out. :mrgreen:
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

johnny
Posts: 5
Joined: 27 Jun 2017 15:23

#7 Re: my 18 yr olds fine

Post by johnny » 27 Jun 2017 16:18

thankyou will have to do that thanks for advice much appreciated

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Schedule 12
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#8 Re: my 18 yr olds fine

Post by Schedule 12 » 27 Jun 2017 21:41

The bailiff threatening to take your stuff is playing with fire. An interpleader claim always leaves the bailiff with a big bill which they see no change of £8k in costs and damages. And that is just for a car, not mentioning household nicknacks which are recoverable new for old.
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