threatened with bailiffs!!!!

calmgirl

Through our own silliness and a bit of misfortune we owe council tax 1,051 which has been passed to a collection agency. we had an agreement with them to pay them £10 a week but again due to stupidity and husbands forgetfullness some of the weeks went unpaid. My husband has been self employed but no work for 3 weeks so his family had to pay our bills this month(they offered). We have 3 children, one of whom is just 4 months old. The collection agency now want payment in full of the debt despite us trying to come to some arrangement with them. Why dont they understand that if you cant afford £10 a week you certainly can't pay the whole lot off? we live in rented accomodation and I don't want the house to get blacklisted cos of us. They have said unless we pay in full they will send the bailiffs round without warning to take our stuff and add more to the debt. I have tried to phone them but of course they are not in today. I don't want to borrow any more from anyone. We may be selling a car for about £400 but this was supposed to be the kickstart to our move to DERBY ACCT. Anyway sorry about the long post, just wondered if anyone could help.
Thanks

poppy52

Council Tax is a priority debt and non-payment can lead to very serious consequences, including prison as a last resort. The Council is allowed to send bailliffs, I think. It can also take money off your benefits or from your salary in installments. You should contact the council and talk to them as soon as office opens on Monday. Are you paying off credit cards or loans? If so, these are not priority debts - you need to pay council tax before you pay for these. Contact Citizens Advice Bureau - they will have lots of advice for you.

bank_of_slate

Hi calmgirl
I suspect the forum name is some kind of irony!

I hope you manage to come to some agreement with the council, and if so, you and your husband MUST stick to it.

Keep posting on here and it would also help to post a full SOA as we can often suggest where other savings could be made.
You'll get lots of help, advice and support on here as many of us are in a similar (or worse) situation.
Welcome to MSE!
...Linda xx

magentadreamer

Ring the debt collection agency ASP on Monday, to see if you could make another arrangement with them - you will have to stick to it as Council Tax debt can lead to court action etc. I would also contact your local councillor and tell him/her about how you've been threatened with the baliffs etc etc you might find they can help. Also contact your local CAB.

Conor_3

Debt collection agencies are the spawn of Satan. They very rarely do deals with anyone and the way they treat people is dispicable. I've seen first hand just how bad they can be more than a few times. I wouldn't worry about the house getting blacklisted..that's someone elses problem. Harsh it may sound but your priority is you and your kids making sure they've food, heat and a roof over their heads, not the fact that someone somewhere down the line may have to fill in a bit of extra paperwork.

You need to play hardball with the debt collection agency. THEY WILL NOT COME ROUND IMMEDIATELY TO TAKE THE STUFF AWAY. What they do do is first turn up to make an inventory of what there is. At that time, you should be able to renegociate with them again, especially if the state of your home can convince them you're in dire straits. This is the one time you do not want your house to look like a stand at the Ideal Home exhibition. You say you're planning to move so if a few high value items were to mysteriously end up in storage at a relatives before the bailiffs first visit so they didn't see them, that'd work out pretty well for you.

Ember999

Yes hon, I agree with Conor only I'll put it a bit more bluntly. Remove your stuff pronto. What they can't see, they can't get! 'Give' it to a family member until further notice. In future, always prioritise Council Tax, the way the system works in this country is you are expected to pay this about anything else. You can't get away with paying it without very serious consequences. Move your stuff, try to phone council on Monday and make sure you always pay this in future.
Take Care and try not to worry, if you move your stuff they can't take it as you have given it away!

chi-chi

Hi Calmgirl

I really feel for you and your husband - it sounds awful. I agree with the other posters who have recommended you get rid of larger, expensive items.
Now I can't guarantee that this is correct but a friend of mine got in a mess and was threatened with bailiffs and I'm sure she told me that she was advised that if the scumbags come knocking at your door, you do not have to let them in! Once you have opened the door, you are at their mercy, you are "in the system" but if you don't open the door, they can't do anything that day.
Phone the CAB on Monday, see what they have to say and check out what I've just told you because it is based on memory of a conversation a few months ago. I'm sure if you can get the CAB to write on your behalf, a letter stating you will pay the tenner a week, come what may, it should do the job.

Hold onto your car at all costs because a car can mean the difference between earning money and not earning money. Getting rid of it will set you back. "Sell" it to a friend or relative for 1p and arrange to be insured to drive it and it's as good as yours anyway.
Very best of luck
Stephanie

Conor_3

If they have a warrant of distress, they can enter the property.

stefanielouise

Hi, i had this but for only 136.07 last week after a failed agreement with our council, the baliff company from liverpool i wont name but turned up i explained my partner had been signed of work with schuermanns disease in october and to top it of appendicitis at xmas (spelling). I wrote which they acknowledge but on the 5th Jan they turned up wanting the full payment or they would be here in the morning after a major uproar as i didnt like his attitude esp infront of my 5 year old at 8am, i phoned the office expalined they had acknowledged my letters they then turn round its with the baliffs nowt we can do.

I paid it with help from family but i later found out my others halfs aunty went through this they fetched a solicitor in and it came down to they had to only pay 5.60 a week and he is self-employed with no work at the mo, so if you can get a solicitor

They can enter and if you dont allow them they will fetch the police seen it done, but 1st of all if you havent done so they have to by law apparently(i was told by one of their baliffs) they do a walking possession write down a few things (none of this can be anything of the childrens) then do a payment plan if you fail there payment plan then they can continue

davesgirl_2

i'm pretty certain that they come the first time to take a written list of things you have of any worth - they cant take fridges or anything essential, anything that belongs to the children so get rid of tv's, dvd players ect ect.
if you can offer them a decent amount to take away on that day i think they are somtimes willing to do a deal dont be scared, not all bailiffs are out to humiliate you and strip you of your possesions, they just want to do their job and get the money you owe - taking your stuff is a last resort as it is more work for them to remove goods then to make a couple of trips to collect money you could always try calling the council as they still have the power to contact the debt collection agency and call the shots - good luck

file_wizzard

Conor wrote:

If they have a warrant of distress, they can enter the property.

Incorrect, a distress warrant will not give the power to enter private property other than by invitation by the legal owner / tenant, or by "peaceful Entry" ( open door / window) under these circumstances I would advise the UNDER NO CIRCUMSTACES ( other than possession of a warrant of execution) should any one let bailiffs into their property.

Execution of a court order not you obviously!

Once they have gained peaceful entry on one occasion they can re-enter the property by force at a later date if required.

There is no reason why they need to entry your property, any thing they have to say to you can be done through a letter box or CLOSED window.

You best solution is to refuse to deal with them and have the matter returned to you council, then you can set up a realistic repayment plan WHICH YOU MUST THEN STICK TOO.

Also the address will not be “blacklisted!” as believe it or not council tax debts are not reported to the credit reference agencies ( other than if a true CCJ is issued) this is different to a magistrates order