Stop council and creditors sending bailiffs to vulnerable persons

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Comments

  • Iwanttobefree
    Iwanttobefree Posts: 2,534 Forumite
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    edited 7 December 2017 at 11:20PM
    Comes to the same thing: they could have paid their debts, but didn't and hoped their problems would go away at other people's expense.

    Sometimes the lack of empathy from fellow humans, still amazes me.

    Of course it's not the same thing.

    Someone is struggling to pay their bills for whatever reason (and while there's always those who abuse the system, many haven't got the latest gadgets or big TVs etc).

    And usually someone in this situation will find 90% of companies they owe money to, to be very considerate of their current situation.

    But there's always one or two whose decisions wreck all hope they have, and the council are one of the worst for this.

    For example, someone offers their creditors a repayment plan, but the council demands put those plans in compete jeopardy. Now rather than them being able to pay off their creditors a small amount each month, the councils actions means they cant afford to pay their creditors anything, hence debt collectors and then bailiffs come in.

    Most of these people who find themselves in these sorts of debts, find these situations almost suicidal (and sadly far too many do kill themselves over their debts)

    The idea that they could have paid their debts but didn't is simply completely wrong.

    if my son or daughter phoned me up and said they were in debt (when perfectly well, just overspending), I would give them advice on how to get out of it, how to set up a debt management plan, how to reign in their spending etc etc etc.

    I would not offer them the money to clear their debts because if I did, it wouldn't be long before they were back ion the same situation (that said, if I could afford it, once they had been on the DMP for a year or so, and shown they had reigned in their spending, I would clear their debts).

    On the other hand, if they phoned me up in tears, saying there's bailiffs at their door and unless they pay £500 now, their furniture or whatever is being removed, I would pay it in an instance, even though I would be going into more debt myself by doing so.

    Likewise, I'm on a debt management plan due to long term illness, and while it will take about 25 years at my current rate to pay off, I wouldn't dream of asking the few very good friends of mine for financial help. But I would do so if the bailiffs were at the door and I know they would help.

    Completely different situations.
    The way things are going, soon we are all going to be victims of something or other.

    Who will we blame then?
  • pogofish
    pogofish Posts: 10,852 Forumite
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    NeilCr wrote: »
    That’s not true at all about the CAB.

    We have debt advisors and we do not just tell people to pay the bailiffs.

    Then why has the competence of CAB debt "advice" been found wanting time and time again on here alone..? The Parking Forum for example, where we very often see people arriving in desperation after CAB have badly advised them and simply told them to pay-up.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    edited 8 December 2017 at 7:24AM
    pogofish wrote: »
    Then why has the competence of CAB debt "advice" been found wanting time and time again on here alone..? The Parking Forum for example, where we very often see people arriving in desperation after CAB have badly advised them and simply told them to pay-up.

    A number of reasons I think

    I suspect that you have to differentiate between dedicated debt advisers and debt advice given by generalist volunteers. At our branch we are totally overwhelmed and it is not possible for the debt adviser to see everyone with debts. Advice should be given by reference to information sources.

    As I say we are incredibly busy and volunteers have to give information on various subjects often under time pressure (an initial interview is likely to be no more than ten minutes) The parking board here, which I don’t look at much to be honest, appears to have some posters who have gained a lot of knowledge over the years and have the time to keep coming back to posters who have further queries etc. CAB cannot run like that

    Unbelievably, some clients actually don’t give us all the relevant facts!. You can only advise you on what you are told. They slant the story. And what they say on here that they were told by CAB may well be a misunderstanding or whatever.
    We don’t normally tell clients to do something,. We give them the information they need and their choices and then, it is up to them to decide the course of action. I’ve had clients who have paid a parkng ticket because they just want it out of the way.

    I’ve seen things on here where posters say CAB said that and I know it’s not so. Interestingly the OP here has amended their post to take out any reference to CAB

    And some (a lot) of the advice on here on the boards I look at is plain wrong, too (there are some excellent posters btw but people often don’t like the advice they do give because it’s not what they want to here). Personally, I stay away from offering detailed advice on anything on a forum.

    And you don’t get people coming on to forums much to say how well they’ve been helped. At our branch, anyway, we don’t see that many clients with parking issues. They should be advised using the public site. This is what it has to say on parking.

    https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/

    I’m not a debt specialist so I can’t say how they would advise if the case was referred to them and taken deeper. Each case is going to be individual anyway

    And, it’s worth saying that folks can have a comeback against the CAB for incorrect advice. They know where we are and who they saw. There is no comeback against an anonymous poster on a forum who gives them incorrect advice

    Look. I don’t doubt that some people come away from CAB with perhaps the wrong way forward. Equally, an awful lot of folk get the help and support they require which, given the increasing number of clients and the fact that many branches are mainly staffed by volunteers, is pretty damn good. In our area we are pretty much the only advice centre (no Shelter for example) and have to deal with all sorts of people with a huge diversity of issues and problems. We have a few paid staff (Including a debt adviser) ) but we aren’t going to have the specialist knowledge in certain areas (I’d say parking is a good example of that) that certain individuals can gain through their job, their interest in the subject etc

    Blimey. I got a bit carried away there!
  • CIS
    CIS Posts: 12,260 Forumite
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    I have dealt with enforcement agents on more occasions than most (10 years dealing almost constantly with council tax recovery).

    There are certainly cases where a council will use an enforcement agent before considering other options - some are worse than others at this - but many will only use an enforcement agent after considering other actions first. The morals of the different forms of action are up for debate but legally there is no barrier to them obtaining the liability order and passing it to an enforcement agent ten minutes later. Ultimately it is a form of taxation and the law treats it as such.

    Vulnerability is one of those subjective issues and this is why most attempts to derive a meaningful definition have failed. What is it ? - Is a person in a wheelchair who is working and earning £50k per year but just doesn't pay vulnerable in respect of council tax ?. Probably not, but make that a person in a wheelchair on ESA and the answer may well be yes.

    In respect to CAB, Welfare Rights etc there is a mixed bag - some 'specialist' advisors have been worse them useless and some generalists have been excellent. It's like every job, some are good and some are bad.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • pogofish
    pogofish Posts: 10,852 Forumite
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    NeilCr wrote: »
    A number of reasons I think

    I suspect that you have to differentiate between dedicated debt advisers and debt advice given by generalist volunteers. At our branch we are totally overwhelmed and it is not possible for the debt adviser to see everyone with debts. Advice should be given by reference to information sources.

    As I say we are incredibly busy and volunteers have to give information on various subjects often under time pressure (an initial interview is likely to be no more than ten minutes) The parking board here, which I don’t look at much to be honest, appears to have some posters who have gained a lot of knowledge over the years and have the time to keep coming back to posters who have further queries etc. CAB cannot run like that

    Unbelievably, some clients actually don’t give us all the relevant facts!. You can only advise you on what you are told. They slant the story. And what they say on here that they were told by CAB may well be a misunderstanding or whatever.
    We don’t normally tell clients to do something,. We give them the information they need and their choices and then, it is up to them to decide the course of action. I’ve had clients who have paid a parkng ticket because they just want it out of the way.

    I’ve seen things on here where posters say CAB said that and I know it’s not so. Interestingly the OP here has amended their post to take out any reference to CAB

    And some (a lot) of the advice on here on the boards I look at is plain wrong, too (there are some excellent posters btw but people often don’t like the advice they do give because it’s not what they want to here). Personally, I stay away from offering detailed advice on anything on a forum.

    And you don’t get people coming on to forums much to say how well they’ve been helped. At our branch, anyway, we don’t see that many clients with parking issues. They should be advised using the public site. This is what it has to say on parking.

    https://www.citizensadvice.org.uk/law-and-courts/parking-tickets/

    I’m not a debt specialist so I can’t say how they would advise if the case was referred to them and taken deeper. Each case is going to be individual anyway

    And, it’s worth saying that folks can have a comeback against the CAB for incorrect advice. They know where we are and who they saw. There is no comeback against an anonymous poster on a forum who gives them incorrect advice

    Look. I don’t doubt that some people come away from CAB with perhaps the wrong way forward. Equally, an awful lot of folk get the help and support they require which, given the increasing number of clients and the fact that many branches are mainly staffed by volunteers, is pretty damn good. In our area we are pretty much the only advice centre (no Shelter for example) and have to deal with all sorts of people with a huge diversity of issues and problems. We have a few paid staff (Including a debt adviser) ) but we aren’t going to have the specialist knowledge in certain areas (I’d say parking is a good example of that) that certain individuals can gain through their job, their interest in the subject etc

    Blimey. I got a bit carried away there!

    Not only in branches, we saw it time and time again on the professionally staffed forum they ran here for a couple of years. Woefully incompetent advice, on a regular basis and they would rather have the threads deleted than actually take some proper advice and make use of it.
  • NeilCr
    NeilCr Posts: 4,430 Forumite
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    edited 8 December 2017 at 8:22PM
    pogofish wrote: »
    Not only in branches, we saw it time and time again on the professionally staffed forum they ran here for a couple of years. Woefully incompetent advice, on a regular basis and they would rather have the threads deleted than actually take some proper advice and make use of it.

    I don’t think this sort of forum lends itself well to the way CAB work. Personally, I wouldn’t have agreed to it

    It’s a very different thing giving face to face advice when you are facing the pressure of a crowded waiting room and you have a very difficult, very upset client sat in front of you

    People on forums like this have the luxury of time to consider their replies, look things up on Google, ask their friends. And, yet, time after time they get it wrong... and there is no comeback on them
  • sourcrates
    sourcrates Posts: 28,830 Ambassador
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    One thing people need to realise is that a bayliff does not have automatic right of entry to your home.

    Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.

    If you don't let a bailiff in or agree to pay them, they could take things from outside your home, for example your car.

    But for any other debt, including council tax, if you keep the doors locked and refuse to deal with them, they will go away.

    There is no reason why you should be forced to pay a bailiff there and then, always deal with them in writing only, make a written agreement to repay the debt, and stick to it, don’t go looking for approval from the bailiff, the fees will be payable yes, but at a rate you can afford, if only people exercised their rights correctly instead of opening the door to them.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • slopemaster
    slopemaster Posts: 1,579 Forumite
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    You do know what a debtor is - and a creditor?
    (See thread title)
  • Aesop
    Aesop Posts: 23,773 Forumite
    Name Dropper Photogenic First Anniversary Combo Breaker
    You do know what a debtor is - and a creditor?
    (See thread title)

    Yes good point. Will amend.
    Hope this means some of you have signed.....
  • antrobus
    antrobus Posts: 17,386 Forumite
    Aesop wrote: »
    Hi all

    Please consider signing and verifying by email this petition.

    You have to be a UK citizen and after signing the petition, they will send an email, so please use genuine details. You click through the link and verify you signed the petition.

    What is the petition about?

    We are trying to get the government to change the law so councils and debt collectors can no longer send bailiffs to vulnerable households.

    You appear to be confused.

    The petition relates to the 'Taking Control of Goods National Standards'. They are not legally binding.

    The petition requests that these standards "Give stronger support to vulnerable council tax debtors" but fails to define what that entails.

    Since the standards already state that;

    Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could coververy situation. Therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/353396/taking-control-of-goods-national-standards.pdf

    it is unclear what changes the petition is requesting.
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