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  • FIRST POST
    • StressedHuman
    • By StressedHuman 20th Mar 17, 3:38 PM
    • 4Posts
    • 0Thanks
    StressedHuman
    I'm finding it impossible
    • #1
    • 20th Mar 17, 3:38 PM
    I'm finding it impossible 20th Mar 17 at 3:38 PM
    Hello

    I'm grateful for any advice you can please give me.

    I have a range of debts with payday loans, bill arrears, catalogue and overdraft. I managed to get interest frozen on my payday loans and have been paying them off for about a year. I'm not getting anywhere because with each loan repayment I am broke and my overdraft increases and I have now reached and exceeded the limit.

    I also have council tax arrears being paid through bailiffs at a rate I can't afford, I've not been eating, or missing other bills to meet their arrangement. Last week I begged them to lower it and submitted a financial statement and paid a lower amount so now they have cancelled my arrangement and are planning a bailiff visit.

    I also have water bill arrears and catalogue debt.

    I switch phone/internet to get new customer deals, I cook on a budget, I have no subscriptions to anything, don't smoke or drink or ever go out. A bus pass is a luxury to me. I don't know what to do.

    It's come to a head this week what with my overdraft being used up and bailiffs upping their action and I have no idea where to turn now.

    It's honestly making me sick and suicidal because I have been trying so hard to pay everything and yet it's only getting worse.

    Please help
Page 1
    • StressedHuman
    • By StressedHuman 20th Mar 17, 3:40 PM
    • 4 Posts
    • 0 Thanks
    StressedHuman
    • #2
    • 20th Mar 17, 3:40 PM
    • #2
    • 20th Mar 17, 3:40 PM
    I also forgot to even mention my housing benefit has been cut drastically to pay an overpayment. I feel like I'm drowning.
    • Oakdene
    • By Oakdene 20th Mar 17, 3:42 PM
    • 935 Posts
    • 1,536 Thanks
    Oakdene
    • #3
    • 20th Mar 17, 3:42 PM
    • #3
    • 20th Mar 17, 3:42 PM
    I didnt want to read & run on this but someone else way more qualified that me will be here to help/support/advise soon but rest assured there is help for you.
    • determined new ms
    • By determined new ms 20th Mar 17, 4:01 PM
    • 6,198 Posts
    • 34,817 Thanks
    determined new ms
    • #4
    • 20th Mar 17, 4:01 PM
    • #4
    • 20th Mar 17, 4:01 PM
    I think you need some help can you call christians against poverty and set up a meeting?
    DF as at 30/12/16
    Wombling '16 £264.46 Roadkill £28.25
    Wombling '17 May /YTD £1907.45/Roadkill £8.53
    CCC £85.94/£250 CC saved £1015 Veg grown £5.29
    • sourcrates
    • By sourcrates 20th Mar 17, 4:11 PM
    • 10,534 Posts
    • 10,330 Thanks
    sourcrates
    • #5
    • 20th Mar 17, 4:11 PM
    • #5
    • 20th Mar 17, 4:11 PM
    Ok,

    Statement of affairs comes first :

    http://www.stoozing.com/calculator/soa.php

    Next, stop paying your unsecured credit debts, the debt with the bailiff is now your priority, however, you should only pay them what you can afford, despite what they might tell you, or threaten you with.

    Put the amount you can afford in writing to them, and just pay it, do not look for there approval, just pay it, stay off the phone to them, do everything in writing only.

    If they visit again, assuming you didnt allow them access last time, dont let them in, or converse with them, refer them to your letter, and leave it at that, they cant do anything else to you, and cannot force entry.

    Once you have that under control, and your essential bills are been paid, then look to dealing with the non priority debts such as the PDL`s etc, you may find advice from one of the free debt charities in my signature helpful. you must take control here, pay priority debts first, the rest can wait.

    Its only money, and budgeted the right way, it can be dealt with.
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. I'm a volunteer to help the boards run smoothly, and I can move and merge posts there.
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Legal advice see : http://legalbeagles.info/
    • CIS
    • By CIS 20th Mar 17, 4:24 PM
    • 9,757 Posts
    • 5,580 Thanks
    CIS
    • #6
    • 20th Mar 17, 4:24 PM
    • #6
    • 20th Mar 17, 4:24 PM
    I also have council tax arrears being paid through bailiffs at a rate I can't afford
    Look in to applying for a Section 13 A discretionary relief.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • enthusiasticsaver
    • By enthusiasticsaver 20th Mar 17, 4:26 PM
    • 3,397 Posts
    • 5,680 Thanks
    enthusiasticsaver
    • #7
    • 20th Mar 17, 4:26 PM
    • #7
    • 20th Mar 17, 4:26 PM
    Concentrate on priority debts only - council tax, food, utilities and rent or mortgage.
    Debt and mortgage free and saving for early retirement
    • StressedHuman
    • By StressedHuman 20th Mar 17, 4:52 PM
    • 4 Posts
    • 0 Thanks
    StressedHuman
    • #8
    • 20th Mar 17, 4:52 PM
    • #8
    • 20th Mar 17, 4:52 PM
    Thank you so much for your replies

    The bailiffs haven't visited yet. What has happened is I was paying their arrangement to begin with, but last week submitted to them a new financial statement and lower offer of payment, and made that payment instead. They sent a letter saying they would be visiting to sieze goods. I phoned them and they said they wouldn't negotiate, as I didn't pay enough last week full payment is now due or they'll be siezing my goods.

    So I continue to make the payment I can afford? Will they still visit me and charge the £235 fee?

    What do I do about my overdraft as they're charging £5 per day and have said they won't freeze or refund it?

    Thank you I appreciate your help
    • DCFC79
    • By DCFC79 20th Mar 17, 4:56 PM
    • 29,194 Posts
    • 18,432 Thanks
    DCFC79
    • #9
    • 20th Mar 17, 4:56 PM
    • #9
    • 20th Mar 17, 4:56 PM
    Call 1 of the free debt charities, you need to get it sorted before it gets worse.
    Je Suis Charlie
    • enthusiasticsaver
    • By enthusiasticsaver 20th Mar 17, 5:01 PM
    • 3,397 Posts
    • 5,680 Thanks
    enthusiasticsaver
    If the bank wont freeze the overdraft charges then I would move to a basic bank account with no overdraft and move your salary to go into the new account essentially defaulting on the overdraft and treating it as another loan or credit card. Depending on amounts you may have to consider either a DMP or bankruptcy. Contacting stepchange may be a good move as they can advise the best route for you to take.
    Debt and mortgage free and saving for early retirement
    • Grazeley
    • By Grazeley 21st Mar 17, 12:36 PM
    • 13 Posts
    • 4 Thanks
    Grazeley
    I dont have massive experience and am new here, but we were in a similar situation in reference to your overdraft. We were £1500 overdrawn, salary come in, bills out, back to £1500 plus £150 per mth overdraft charges,
    I called my employee helpline for advise and was told to open a basic bank account with another bank. We then had all our wages paid into here instead and were able to start chipping away at the overdraft. It honestly worked for us.

    Good luck, sorry couldnt help more.
  • National Debtline
    Hi

    Providing the council tax bailiffs havenít been allowed inside you home previously and taken control of your goods they canít force entry. If thatís the case and you keep any vehicles you own well out of the way their options will be limited to just asking you for payments.

    That means youíll be in a strong position to negotiate payments you can realistically afford. If the bailiff refuses to accept your affordable payments save them up. Itís likely the debt will be passed back to the council if the bailiff stops collecting from you and canít access your belongings. If they visit your property they can add the £235 enforcement fee though.

    Good advice from the others in terms of priorities and completing a SOA, and I agree you should change your bank so that youíre in control of your own money.

    Youíre welcome to contact National Debtline if you would like to discuss your options in more detail.

    James
    @natdebtline
    Last edited by National Debtline; 21-03-2017 at 4:33 PM.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
    • StressedHuman
    • By StressedHuman 22nd Mar 17, 8:10 AM
    • 4 Posts
    • 0 Thanks
    StressedHuman
    Thank you all for your help.

    So since posting I have started the process of opening a new bank account and will move our wage and benefits into there.

    I've contacted the bailiffs in writing to reiterate my offer and to say that I'll be continuing to pay that. I won't speak with them anymore.

    I did contact stepchange last year and that's how I got the advice to contact my creditors and get interest frozen etc. The overdraft and council tax are new debts after this though so I will contact them again for more advice.

    My concern with stopping paying the PDL is that they'll start the interest and charges up again, but I'm going to contact them and maybe ask for a payment break?

    It's so frustrating that they can add £235 back onto my debt when I've starved and stressed for months to make a dent and they can just throw a chunk back on.

    I've read conflicting things about them forcing entry, some saying they can't unless they've previously been allowed entry, and some saying they can use locksmiths etc if it's council tax debt? If they used a locksmith I'd lose my tenancy too. Can anyone confirm which is correct?

    Sorry for long post but thankyou all again
    • Bedsit Bob
    • By Bedsit Bob 22nd Mar 17, 8:31 AM
    • 9,558 Posts
    • 49,965 Thanks
    Bedsit Bob
    Bailiffs can force entry, in a small number of circumstances, eg. unpaid magistrates' court fines and debts owed to HM Revenue and Customs.
    My job is Top Secret. Even I don't know what I'm doing.

    Amount I have so far denied the BBC - £1161
  • National Debtline
    I've read conflicting things about them forcing entry, some saying they can't unless they've previously been allowed entry, and some saying they can use locksmiths etc if it's council tax debt? If they used a locksmith I'd lose my tenancy too. Can anyone confirm which is correct?
    Originally posted by StressedHuman
    There are different rules depending on the types of debts being collected, and whether certain criteria have been met. As Bedsit Bob says, a bailiff enforcing a magistrates court fine can force entry if they haven't previously been allowed inside, for example.

    For a council tax debt a bailiff can only force entry into your home if they’ve previously gained entry without force (e.g. if you let them in or left the door open), and they would then need to have taken control of your belongings. To take control of belongings they need to list eligible items in a controlled goods agreement, and you also need to sign it. In theory they could then force entry to remove those items if you break the agreement. It’s simplest to just not allow them entry in the first place.

    This factsheet covers council tax recovery so might be useful for you to read:

    www.nationaldebtline.org/EW/factsheets/Pages/council-tax-recovery/counciltaxdebt.aspx

    James
    @natdebline
    Last edited by National Debtline; 22-03-2017 at 11:10 AM.
    We work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps
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