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Bailiff Threat - please help!

Hi

Due to my own stupidity, combined with a death in the family amongst other things, I let our council tax slide and it went to the magistrates court. It was then passed to a certified baliffs who contacted me and agreed a payment plan. My father in law passed away the following week (just over a month ago now) and in the aftermath everything fell to pieces.

Yesterday I got home to find a letter through the door from the bailiff to say that he'd visited to remove goods for auction and would be back this week. I left a message on his voicemail and he called me back today.

Basically, he said that there is nothing I can do now apart from either pay in full (£1,024) or let him remove my belongings for sale. I don't have the full amount (I have just over £3.00 to my name) and we have very little in the way of belongings - everything's either second-hand or passed down in our house. He wouldn't discuss a payment plan of any kind with me and when I phoned the company he works for they said they can't talk to me and put the phone down.

My partner works away in Newcastle and is obviously grieving for his dad at the moment - telling him something like is going to shatter him. I'm suffering from depression and juggling two young kids and university, but I need some advice on how to deal with this.

Has anybody had a similar situation before and can they tell me what the outcome was or how to move things forward. I can't cope with the thought of someone coming into the house and taking away what little we've got.

Thanks

Katie
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Comments

  • misspoppy
    misspoppy Posts: 1,009 Forumite
    Part of the Furniture Combo Breaker
    Hi Give the council tax section at the council a call and explain the situation and see what they say. Sometimes they can take the debt off the baliffs. failing that call one of the free debt charities for advice.
  • Katie73
    Katie73 Posts: 38 Forumite
    Hi

    The first thing I did yesterday was to ring the council tax dept and they were wonderful and very helpful. They are sending me a weekly payment booklet for one lot of council tax and they said to speak to the bailiff about the other lot and that 'paying in instalments wouldn't be a problem' but the bailiff said the call centre had no right to tell me that and that its down to him whether or not they accept instalments.

    Have been doing a lot of reading up on the web surrounding this since posting my original message and am coming to the conclusion that bailiffs are bullies and use scare-tactics to make you cough up or let them take your stuff. Now have contacts for my local councillors (who will help if no one else will), my magistrates court and a form to suspend the warrant and the council tax office. Also seeing the Neighbourhood Office at 2.00 so hopefully they can help too.

    Thanks

    Katie
  • misspoppy
    misspoppy Posts: 1,009 Forumite
    Part of the Furniture Combo Breaker
    Brilliant you sound much better now. Are your finances ok apart from this?
  • Katie73
    Katie73 Posts: 38 Forumite
    Hi, thanks, feeling much more relaxed about it now. Neighbourhood Office pretty much confirmed what I'd read on the internet and re-iterated about not letting the bailiff in. It'll go back to court and then I can plead my case to them.

    My finances are pretty woeful, but I'm going to sort them out this week and get everything back on track properly.

    Thanks for the concern

    Katie
  • poppy10_2
    poppy10_2 Posts: 6,588 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Yep, make sure you lock the door and don't let him in - he can't break in.
    poppy10
  • Gillianh2
    Gillianh2 Posts: 773 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Katie,
    Is it correct that you are at University, if it is you are exempt from paying Council Tax, this might be worth looking into. This would help with your finances. Make sure that you are claiming all your benefit entitlements too. If you post a SOA some of the clever people on here will be able to help and advise you.
    BTW make sure you keep your windows closed too until you have sorted out the bailiff issue.
    Keep us posted
    :j I have a persecution complex. Everytime I pass a shoe shop they persecute me till I buy them:j
  • aww what a nightmare for you. Have you got in touch with your universty advce shop? They may be able to assist with emergency payment from the hardship fund. Also have a loko at entitled to (anyone got a link?) to check what bens you are entitled to (tax credits etc if one of you not working, council tax rebate, husing bens etc). Is there anything you can flog on ebay; would you be able to work at all?
    It may be worth posting your SOA to see if you can cut down at all. I appreciate its a hard time but its important that you deal with this as its not going away - although it sounds as if you are now! I would suggest phoning cccs etc to get some help, not just with ths but generally to sort finances out as its sounds as if things are pretty pad for you and sometimes good to have someone to lead you through it all when its all got overwhelming! Big hugs for you & welcome!
    Nerd no 109 Long haulers supporters DFW #1! Even in the darkest moments, love and hope are always possible.

  • libra10
    libra10 Posts: 19,663 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Also have a loko at entitled to (anyone got a link?) to check what bens you are entitled to (tax credits etc if one of you not working, council tax rebate, husing bens etc). Is there anything you can flog on ebay; would you be able to work at all?
    for you & welcome!

    http://www.entitledto.co.uk/
  • How are things going? Have you managed to get anything sorted?
    Empty pockets never held anyone back, only empty heads and empty hearts can do that -Peale
  • Katie73
    Katie73 Posts: 38 Forumite
    Wow, everyone is so supportive on here - unlike the lying, intimidating bailiff I'm trying to deal with. Thanks everyone for your advice and support and here's the latest:

    Got home from Uni today to find another letter from the bailiff's company, saying that he would be calling and to ring them to arrange a payment plan. The letter was dated 1.11.07, so has taken almost a week to reach me, during which time they've passed it on to the man in question.

    Spoke to the company who said weekly payments would be fine and to go into their offices each week and pay what I could afford. Great, I thought, and phoned the bailiff back (cos he'd left me a message on my mobile). He then told me that a) any advice given by either Neighbourhood Office or CAB is advice only and should be pretty much ignored, b) the office should not have spoken to me and he will be getting whoever spoke to me 'into trouble' for doing so, c) there is no way I can set up a payment plan with anyone, d) there is no way out of this whatsoever and I either pay the full amount or he will keep coming back until I let him in to remove goods for auction.

    He also said that contrary to popular belief he does have a legal right to enter the property (but only if one of us opens the door to him) and that he will keep coming back for as long as it takes. The man thinks he's God. He said there is nothing I can do to turn this around and no one can help me. He's intimidating and terrible to deal with, but in a non-agressive way as they can't do that!

    Spoke to the council tax office again, in near hysterics, and the wonderful man was very kind and said he's going to ask his manager to recall the debt back to their office and to give it til Friday morning before ringing them back and appealing if they don't get back to me before then,

    To answer the questions asked of me:

    1) I do have something from the Uni to get council tax benefit, but does this depend on my other half's wages or is it irrelevant?

    2) The tax credits people told me that I should get more child tax credit to help towards childcare, but I'm dubious about applying for it because I always end up out of pocket with them due to 'overpayments' (this happens every year, despite us only getting the bare minimum for the last two).

    3) I have the paperwork for the Uni Access Fund and am getting all the stuff together for that this evening, so that will go in tomorrow.

    4) Will post an SOA tomorrow (hopefully) when I've gone through everything this evening.

    Can anyone shed any further light on the bailiff thing cos I'm terrified of him knocking the door and refusing to go away, especially as I'm on my own with two kids all week.

    Thanks in advance

    Katie
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