Bailiffs at Door

kiora

Hi Hoping someone can help with some advise.
My husband died last year and left me with several debts, one of which was unpaid council tax for a flat he shared with my son when they worked away, I had been paying a set amount each month and to be honest with the year I've had completley forgot about it.
Got back from the cemetary today with my DD only to be told by her boyfriend that 2 big blokes had come to house asking for either husband or son, now the council know that hubby is deceased as sent them death certificate and this got my back up straight away, now my son was classed as a student so as far as I am aware should be exempt from council tax.
My DD's boyfriend asked who they were and neither of them would give him an answer nor did they leave him a card to get in touch.

Were do I stand with them coming to the house, I know that they have no legal access to house as they need a court order to gain access (living in Scotland)

Aylana

Hi, I don't know much about your situation I'm afraid but just wanted to bump you back up to the first page. If you ring the council could they perhaps let you know who the debt has been passed to and give you more info? Might have to wait til after the weekend though.

Good luck.

LilacPixie

I am sorry for your loss.

Not that good with bailiffs but surely you cannot beheld liable for your deseased husbands debt?? I would be very very temptedto contact the CAB on tuesday about the validity of holding you liable. I would then contact the council and lay it on thick about how these two thugs hired by them came to your door asking for your husband even although they are aware he has passed away, distressed your daughter and yourself. If the CAB say you or your son is liable for the debt then demand the coucil take the debt back from the bailifs and maybe even waiver some of it for emotional distress. Maybe also suggest notifying the local paper and your MP.

tallyhoh

You should not be paying his debt unless he left estate that went to you & they can then ask for it to be paid from this.

Send the council tax a copy of his death certificate, stating that he left no estate (after funeral expenses) if this is the case.

Check with you son that the council tax is now in his name & that he has applied for his student exemption.

Council tax people will try it on to get some cash, they even tried to tell me I was responsible for my uncles debt after he died. :mad: Its good that I knew the rules as I worked for them once.

Edit: I have just noticed that the thugs asked for your son. Whose name(s) was on the council tax when your hubby was there, was it possible that it had your hubbys & sons name on?

kiora

They only had the flat for 6 months, I have received no letters for several months regarding this debt but surely they cannot just send baillifa without any warning, also at the moment my son is not working as he got laid off so is it best that he offers token payments to council.

tallyhoh

kiora wrote: »

They only had the flat for 6 months, I have received no letters for several months regarding this debt but surely they cannot just send baillifa without any warning, also at the moment my son is not working as he got laid off so is it best that he offers token payments to council.

Has your son applied for a council tax rebate or student exemption?

dotstar24

try pm-img herbie21. she's the expert on bailiffs around here

herbie, i hope u don't mind my recommendation xxx

kiora

My son is no longer a student and also no longer lives with me he has his own pace and is paying single occupancy for his flat, also the council is different to the one now as he had to move away to get a decent job, hence getting the flat with his dad. what bothers me the most is that the people who came to the door did not give any id or leave any contact number so even if t was bailifs

kiora

If I phone council and explain my circumstances and also that for 6 months after hubbys death was on anti-depressants and sleeping tablets as I could not cope do you think they will take the debt back of the baillifs, neither men have come back to house again but worried that they will try and intimidate my daughter and her boyfriend if they are in.

smashedbooboo

Hi hun, you should not be liable for this council tax bill, it was was your hubands not yours, as previous peeps have said send them a letter with a copy of death certificate. Were any of the debts in your name. Debts can ony be paid out of the estate if there was anything left. You really should not be worrying about this now. And your son if he was a student should fire a letter off giving proof of that at the time.

I am sure Herbi will be able to help you further. She is the expert on this. Can you let us know what the other debts were and we maybe able to help you on those as well. xxxxxxxxxxxxxx

rog2

kiora wrote: »

If I phone council and explain my circumstances and also that for 6 months after hubbys death was on anti-depressants and sleeping tablets as I could not cope do you think they will take the debt back of the baillifs.

If, and unfortunately it is a big if, the particular Council has a shred of decency, they should, indeed, take the 'debt' back - they do have the power to do so, although it will depend on the attitude of the person with whom you have, or have had, to deal, and other similar threads seem to indicate that there are very few caring or understanding people who work for the collections departments in local councils.
Did these 'thugs' actually ain peaceful access to your house? If not, please ensure that neither you, nor your daughter, allow them to enter the property if they call again - in fact, keep all doors and windows closed and, if you own one, do not park your car near the house (If possible arrange to park it on private property - possibly a neighbour's drive or garage).
I am sure that Herbie 21 will soon pick up on your thread, and can give you the benefit of her proffessional advice. In the meantime, here are a couple of links that you can look at in order to understand your rights:

1. Herbie's own website: www.bailiffadviceonline.co.uk

2. http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.htm

It may, also, be well worth your while talking to the local CAB, in case their are any differences in the way that these 'legalised criminals' are allowed to act in Scotland, as opposed to the rest of the UK.