We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Bailiffs and Council Tax, threatening me!

245

Comments

  • elaina79
    elaina79 Posts: 953 Forumite
    I would make sure that any further comunication with the baliffs is in writing only. If they get an impression that someone doesn't know what they are legally allowed to do then they will use that to their advantage.

    They cannot break into your house with or without the police there. In order to take any goods within your house they need to enter and log the non essential goods that you have i.e TV, DVD players things like that. You have to then sign the form that they fill in before they can take anything.
    As a pervious poster has said make sure your windows and doors are locked as they can enter if one of them is open or unlocked.
    I would also try writing to the council again and see if they can take the account back from the bailiffs.

    I am assuming that you still pay council tax so it might be good idea to make an application for council tax benefit.

    I also agree that at £50 the repayments are quite low. I currently owe just over £1000 in arrears and am getting council tax benefit but my repayments are now £80 per month.
    I used to suffer from lack of motivation.... now I just can't be arsed.

    Official DFW Nerd Club - Member no. 1141 - Proud to be dealing with my debts :cool:
  • To pm someone (herbie21 in this case), go to the cp bit on the green menu bar at the top of this forum and you'll see on the left hand side an option for pm's.

    I do strongly suggest that you pay the £50.00 to the CT only because they are one of the few creditors who, as I say, can and do BR people and as others have said, it's not a huge payment for the arrears you have. It may be worth ringing your utilities to see if you can come to some arrangement in the mean time.

    Have you spoken to CCCS, CAB or National Debtline? If not, speak to them tomorrow (they are free) and they will be able to advise.
    Debt 30k in 2008.:eek::o Cleared all my debt in 2013 and loving being debt free :)
    Mortgage free since 2014 :)
  • kaypl
    kaypl Posts: 18 Forumite
    I payout per month 580 rent, 117 car, 31 car insurance, 100 gas and electric as im repaying on that, broadband approx 24, sky 16.50, bt phone approx 14 month, 2 mobiles (1 which was my ex's but in my name (i know silly)) 68, house insurance approx 10, tv license 11 month approx (but paid quaterly), 60 petrol and whatever council tax will be once i start paying for this year. This totals 1031.50, my incomings are approx 900 wages, 40 pension, 180 tax credit, which total 1120.

    I have lowered one mobile but cant the other yet, my sky is contracted for about another year and have that at the minimum 16.50, the car is on credit and is at the lowest they can go down to. I haven't put water down as im sorting that at moment so not sure what i will be paying. Need the petrol in car to get to work. Cant downgrade broadband as contracted.
    This is all before i have paid for food for myself, oh and i have a dog as well.....

    Its not looking good
  • kaypl
    kaypl Posts: 18 Forumite
    Ive just tried to pm herbie21 but it says the user was not found, or something similar....
  • I know that CTax can be awful - I'm in a position where I owe 2 lots of arrears and will have to pay £604 pm for the next 3 months. It's a killer but it is the one thing you can't miss (as I have learnt the hard way!).

    If I were you I would stop paying the other non-priority bills (the mobiles?) except for a token amount and then pay that amount to the CTax. Have you told those you are contracted to that you have to pay CTax debt?
    :idea: LB 22/2/09 Debt at LB £46216.64 Debt now £42657.28 Paid off £3559.36/£46216.64 (7%)
    CTax arrears paid £1341.72/£4821.85 (£3480.13) 28%:eek:
    Pay off £15K by Xmas '09 £3559.36/£15000 24%
    £1000 in 100 days £45/£1000
  • kaypl
    kaypl Posts: 18 Forumite
    No not yet as i wasnt sure what the best thing to do was...
  • RAS
    RAS Posts: 36,188 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    kaypl wrote: »
    Ive just tried to pm herbie21 but it says the user was not found, or something similar....

    Hi
    it is Herbie21. The initial cap matters.
    If you've have not made a mistake, you've made nothing
  • Herbie21
    Herbie21 Posts: 562 Forumite
    The bailiff can earn only £24.50 for making a visit.....BUT if you let him in he will then LEVY on goods and charge a levy fee, walking possession fee AND then he can charge the VAN FEE TO REMOVE YOUR GOODS.


    Let me please WARN YOU. A bailiff will be wanting to get you to sign a Walking Possession. The SMALL PRINT on this document makes it CLEAR that unless FULL payment is made then bailiff can return in 5 DAYS TO REMOVE YOUR GOODS.

    Instead WRITE a letter outlining payment terms but remember that the council will be looking to have repayment within a short period of no more than 6 months. I have sent you the password to download a template letter from our website.
  • kaypl
    kaypl Posts: 18 Forumite
    Thanks Herbie

    Have printed 3 copies one for myself, one for bailiff and 1 to council.

    Will let you know how i get on, just a quick question, would a court look at my bills and say well stop paying your mobile phones or broadband etc so you can pay more?

    Thanks again
  • RobertoMoir
    RobertoMoir Posts: 3,458 Forumite
    Part of the Furniture Combo Breaker
    Dave101t wrote: »
    if they arrive with the police, the police will probably allow them entry because they have legal reason to be there. but im not 100%, someone else will know, good luck

    Strictly speaking, bailiffs only have the right to peaceable entry to a house if they haven't been there for this particular debt and gained entry in the past. Simply turning up with a policeman shouldn't technically grant them entry. The police should only be there to prevent a breach of the peace during the execution of the warrant, and should be told to frog off by the houseowner if they attempt to grant access to the bailiff in these circumstances as it isn't a decision for the police to make.

    Sadly, as a practical matter, due to the police being ignorant of the laws regarding distraint, the odds are that if they turn up with the bailiff then the bailiff will gain entry to the property due to the ineptness of the police. While this might be grounds to have the levy ruled as illegal if it was examined in court, how likely is it that the average person will be able to sort that one out.

    Note that my comments above apply only if the bailiffs haven't already visited and legally levied on goods (especially if walking possession is signed too). I appreciate that's the case here according to the OP, but I want to be absolutely clear for anyone else reading the thread looking for advice.
    If you don't stand for something, you'll fall for anything
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 352.4K Banking & Borrowing
  • 253.7K Reduce Debt & Boost Income
  • 454.4K Spending & Discounts
  • 245.4K Work, Benefits & Business
  • 601.2K Mortgages, Homes & Bills
  • 177.6K Life & Family
  • 259.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.