Not my debt

Quash the Conviction. Revoke the Fees. Claim Damages for Improper Enforcement Action
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fisherkinguk
Posts: 1
Joined: 18 Aug 2019 14:46

Not my debt

Post by fisherkinguk »

Cant 't find this subject anywhere, it's a bit different.
My Brother was taken to court for not wearing a seat belt (it wasn't him he had sold the van months before the offence), it was one big mess.
It seems he was fined 800 pound, and banned for 6 months.
He is not working and not claiming benefits. He was going to live in a tent, and go homeless. I stepped in and let him stay with me.
I have been told that court enforcement officers have now gone to my other brothers house in search of him (he used his address for his mail).
Now I am aware that they can not take property that does not belong to the person that owes the money, and he only has the clothes on his back.
But wonder where I stand with them saying they believe (yeah right) that he owns my belongings, and that I have to give proof of ownership or they take all my things.
I have worked in the same job for over 20 years, don't owe a penny to anyone.but don't have receipts for everything in my house (who the hell does?)
It's only a matter of time before they track him down to my house, electoral register letter has arrived so have to put his name on that.
Just wondering where I stand. I think it has pretty much broke my brother so cant expect him to get on to them, he just wants ignore it. And I'm not throwing him on to the streets because of them.
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Not my debt

Post by zeke »

fisherkinguk wrote: 27 Aug 2019 21:56 Cant 't find this subject anywhere, it's a bit different.
My Brother was taken to court for not wearing a seat belt (it wasn't him he had sold the van months before the offence), it was one big mess.
It seems he was fined 800 pound, and banned for 6 months.
If your brother did not know of the fine and the conviction, then the proceedings are invalid. Section 14 of the Magistrates Courts Act 1980.


He is not working and not claiming benefits. He was going to live in a tent, and go homeless. I stepped in and let him stay with me.
I have been told that court enforcement officers have now gone to my other brothers house in search of him (he used his address for his mail).

Bailiffs wouldn't get very far going to a list of addresses. Your brother does not keep goods there.



Now I am aware that they can not take property that does not belong to the person that owes the money, and he only has the clothes on his back.
But wonder where I stand with them saying they believe (yeah right) that he owns my belongings, and that I have to give proof of ownership or they take all my things.
You have little to worry about. Bailiffs aren't interested in taking household nick-nacks. They are worthless to a bailiff.

They will play on the fear of the threat of breaking and entering to get you to tell them where your brother is. If you are threatened, then you should call police on 999 reporting a disturbance.




I have worked in the same job for over 20 years, don't owe a penny to anyone.but don't have receipts for everything in my house (who the hell does?)
It's only a matter of time before they track him down to my house, electoral register letter has arrived so have to put his name on that.
Just wondering where I stand. I think it has pretty much broke my brother so cant expect him to get on to them, he just wants ignore it. And I'm not throwing him on to the streets because of them.
You dont need to do anything.

Your brother must make a Statutory Declaration. Here is a free template. https://www.nationalbailiffadvice.uk/Co ... ation.html

In the address field, he must enter "no fixed address" and take the document to a solicitor with photo ID and the fee of £5, and once notarised, send it to the address on the declaration by RECORDED delivery.

If you (he) doesn't send it by Royal Mail recorded delivery, then the statutory declaration will fail.
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