advice for sister

saintly_2

hi there hope someone can help

my sister was a single parent of 2 but moved into a house with her new partner about 6 months ago. She was working then had to stop when she had baby number 2.

She confessed yesterday that a bailiff came round to her new address 20 miles from her old address and has demanded cash for unpaid council tax. As i still live with my parents i dont really no anything about council tax. She owed £1000 and now its crept up to £2000 with fees. The bailiff has told her she has until Friday to pay £1000 or the police will get a warrant and come and arrest her at 7am then put her in a police cell until she is ready to go to court. Although she cant really afford it she has offered them £150 a month but they have said no.

Her new partner does know about the debt and is being really supportive as they share finances now!

She is worried that the kids will see her be arrested!

I really don’t know what to say to her, will she go to jail??

Ames

That is absolute rubbish, they can't get the police to just arrest her like that!

There's an expert on here called Herbie21 (I think it's that number), if you pm her she'll be able to help.

GeorgeUK

She should keep all windows and doors locked and not let the bailiff in the house.

Have a look at http://www.bailiffadviceonline.co.uk/
Also worth PM'ing Herbie21 and looking at some of her posts on council tax.
http://forums.moneysavingexpert.com/showthread.html?t=1091197
http://forums.moneysavingexpert.com/showthread.html?t=938277

She should probably also request a breakdown of charges to see what has been added to the bill.

Ames

Did the bailiff actually come into the house when he spoke to her?

RobertoMoir

saintly wrote: »

hi there hope someone can help

my sister was a single parent of 2 but moved into a house with her new partner about 6 months ago. She was working then had to stop when she had baby number 2.

She confessed yesterday that a bailiff came round to her new address 20 miles from her old address and has demanded cash for unpaid council tax. As i still live with my parents i dont really no anything about council tax. She owed £1000 and now its crept up to £2000 with fees. The bailiff has told her she has until Friday to pay £1000 or the police will get a warrant and come and arrest her at 7am then put her in a police cell until she is ready to go to court. Although she cant really afford it she has offered them £150 a month but they have said no.

Her new partner does know about the debt and is being really supportive as they share finances now!

She is worried that the kids will see her be arrested!

I really don’t know what to say to her, will she go to jail??

Based on my experience as a bailiff...

This one is very probably talking crap. Depending on what kind of warrant has been issued against your sister, it is possible that she could be arrested, but even then normal procedure would be to bail her until the court date.

First find out from the council what stage recovery proceedings have reached. She should ask if an arrest warrant has been issued, and if the answer is no, be sure to tell them about the bailiff's threats.

Here is some more of my general spiel about bailiff visits for council tax and similar debts:

Ok. For this kind of debt, unless the bailiff has been into your house already and has levied distress on goods in the house and got you to sign a document called a 'walking possession' then they cannot force their way into your house.

They only have the right to gain 'peaceable entry' (presuming my assumptions are correct about them not being in before).

• Peaceable entry doesn't include kicking your door down or getting a locksmith to drill your locks. This is something they can't do.
• Peaceable entry does include tricking someone into letting them in "Oh really? You say you've spoke to the council, can I come in to use your phone to double-check what they said?"
• Peaceable entry does include climbing in through an open window or going round the back to try your back door in case you forgot to lock it.

Speak to the council and find out for yourself if they won't accept an arrangement from you. Some will and some won't in my experience (I'm a former bailiff). If they do, great; if they don't, then it isn't like you've lost anything or incurred more costs just for asking.

Be very careful about letting the bailiff into your house to levy distress. Once they're in, they have the right to remove goods there and then. Not saying they will, in fact they probably won't because they'd rather have the money, but you do need to understand the stakes that you're playing with at this point.

RobertoMoir

I should add, as Ames says, Did the bailiff come into the house and levy distress (e.g. give her a notice saying that certain items of property were seized). Did she sign anything?

Find out from the council what stage the debt recovery is at, and find out the answers to those questions, and then we will all have a better idea of what options are available.

saintly_2

i dont think the bailiff entered the house, i will have to check that out with her!!