council tax bailiffs

racht70

Hi there ...I am in debt with my council tax and it has been passed on to bailiffs....i let one into my house to sign a piece of paper then he ask what good i have just in case i dont keep up with the agreement so i told him what i had .......two weeks later i got a letter saying they woundnt accept my payment offer so i rang them and the woman at the other end of the line said it has to be higher i said there no way i can affrord that she said well pay what you can so i did..... two weeks later a bailiff came knocking wanting money i said i cant pay he wanted the full amount 400 quid .he said next time he will have to remove my good...i said i wont let you in he said we can get access thro the police....help please its so near christmas and its just putting a damper on things.....can the just access my home to take my goods? Rach xx

Margaret_Millne

It depends what you signed exactly, I think. If you signed a "Walking Posession Order" then I think you have effectively given them permission to sell your goods if you do not keep up the payments.

He should have given you a copy of what you signed. Have a good look at it.

You don't say what your other circumstances are. Do you have children etc?

If you give as much information as you feel happy to some people here may be able to advise you.

Robert_Sterling_3

If you have a number of debts then council tax should have a high priority.

Sub_2

Oh !!!!!!.

Rach, your mistake was letting them in the first time they called. Bailiffs (initially) have no power to force an entry to domestic premises. If you simply refuse them entry then they cannot break in, or force their way past you etc. They cannot break a window, or door, or ring the police.. nothing.

Basically bailiffs are completely powerless and cannot seize the goods in your home *as long as you do not let them in*.

I'm afraid the rules change once they have been inside though. The bailiff now has what's called "walking possesion" of the goods in your home, whatever he has listed.

Now that he has been allowed once into your home voluntarily he can force an entry on subsequent visits if he chooses to. So, if you refuse to let him in, or don't answer the door, or even if you are not home when they return, the bailiffs can break in to your home using force and take the goods they want.

This is to be avoided at all costs because your goods will fetch a fraction of their value at auction and you will have even more costs added onto your debt by the bailiff firm for their fee's for seizure etc.

Now that the bailiff firm have walking possesion they've really got you over a barrel and you're in a very difficult position. I'm sorry to tell you that, but it's best you have no illusions about the situation you are facing.

You should speak to your local Citizens Advice branch, immediately! Don't ignore this, don't bury your head in the sand, take action straight away.

Your best bet is likely to be to speak to the Council and try to make a payment arrangement with them that they are happy to accept, they should then pass these details on to their bailiffs. Anyway, the CAB people should know best how to tackle this.

I'm sure that if you get help from the CAB, and they intervene on your behalf with the Council a payment arrangement can be set up. Just act quickly.

Good luck Rach, let us know how you get on.

frepol

Rach, your mistake was letting them in the first time they called. Bailiffs (initially) have no power to force an entry to domestic premises. If you simply refuse them entry then they cannot break in, or force their way past you etc. They cannot break a window, or door, or ring the police.. nothing.

Basically bailiffs are completely powerless and cannot seize the goods in your home *as long as you do not let them in*.

Council tax is a Crown Debt, therefore I don't think that this provision applies.

Sub_2

Council tax is a Crown Debt, therefore I don't think that this provision applies.

You think wrong, it does apply.

Bailiffs cannot force (an initial) entry to domestic premises for council tax debts.

I'm sure we can google up a more authoritative source if needed, but Swindon Borough Council will do for now:

http://www.swindon.gov.uk/housing/domesticcounciltax/housing-counciltaxbailifffaq.htm

frepol

You think wrong, it does apply.

Bailiffs cannot force (an initial) entry to domestic premises for council tax debts.

I'm sure we can google up a more authoritative source if needed, but Swindon Borough Council will do for now:

http://boards.fool.co.uk/Message.asp?mid=8370973

Please, please get sound advice from a solicitor or CAB about this!