Council tax and baliffs.

looby75

I don't know if this is the right place to post this but my friend needs help asap and she can't get an appointment at the CAB for weeks so I thought I would ask all you knowledgeable people for advice.

Yesterday my friend got a visit from a bailiff because of old council tax arrears, these arrears were partly from when she was with her ex partner (she would give him the money to pay the bill and he didn't pay it, she only found out about the arrears after he left) and partly through her own mistakes due to financial problems and ill health. She was paying a fixed amount each month, then 4 months ago she was really ill and paying bills was the last thing on her mind. She knows it's not a good reason but she genuinely forgot to pay. With late fees/charges etc she owes in the region of £3000. She explained all this to the bailiff and made a payment of £400 there and then (which was all the money she had in her bank account) and offered to set up a regular payment of £100 a month, which will significantly stretch her already tight finances. The bailiff told her that she owed too much for £100 a month to be accepted and advised her to try to get a loan to pay off the full amount. He's given her 2 weeks to arrange it and then he said he will call back. She phoned her bank to try to get a loan and it was declined so now she is worried sick and doesn't know what to do.

Also part of the amount the bailiff says she owed is for last years council tax, which she has been paying....I've been with her when she has paid it most months (at the local council rent office) so I know that can't be right. How can she check she's not being charged too much, she knows and admits she owes some money and wants to sort it out but just doesn't know how now that the bank has knocked her back.

Any advice would be really appreciated, I'm really worried about her, her health isn't great and this stress is going to knock her back off her feet again

Edited to say.... jic anyone is wondering it is genuinely a friend and not me that's in this mess. I am a lone parent on IS and get housing and council tax benefit at the moment (and before that my ex paid all the bills) so I've never had to deal with anything like this which is why I'm asking for advice on my friends behalf.

linniestorm

Sorry to hear your friends troubles. I'm afraid I can't offer too many solutions for her but to perhaps get herself a bit straighter with what she owes for when she should probably go in to the council office and ask for a full statement.

I've done this in the past for years previous payments information (some former co-tenants were messing me and my flatmate around with not paying so we ended up footing it!) but over the phone, however the council tax depts I've dealt with have been a bit hit and miss at getting back to me so its probably better to go in!

If she can get a statement of what's outstanding, what payments were made, what they think she now owes she can tally that up hopefully with what the bailiffs have said and get a better idea of where she stands and formulate a plan to tackle it that they will accept. At the very least having the information in front of her should help, I know I always feel better when I can see something in front of me!

But I'm sure some people with some cracking solutions will be along shortly!!

looby75

Hey whats happened to the thanks button

Thanks for that, she tried to phone up to ask to go in and speak to someone at the council but they told her that as her debt has now been passed onto the baliffs they aren't allowed to talk to her about it, any queries have to go to the baliffs. And all they seem to be prepared to talk about is how much they can get her to agree to pay.

Does anyone know if she can refuse to talk to the baliffs again until after she has been to see someone at the CAB?

UKTigerlily

I think Bailiffs for things like fines, CT, child support etc are different to ones for debts like CC's.

http://www.clsdirect.org.uk/legalhelp/tele_message05.jsp?lang=en

http://www.multikulti.org.uk/en/debt/bailiffs-council-tax/

less2303

Firstly, did she let the bailiff into the property, and if so did he list possessions? If not:

She has the right to deal with the council, dont let them fob her off. Recontact the council and tell them that if they are prepared to deal with her, she will make arrangements to pay. The Bailiff cannot provide full details of the debt, so you are not prepared to arrange anything until you get a full breakdown, including the Bailiff charges.

Also tell them that she wishes to make a frormal complaint against the Bailiff. He cannot tell her to go and get a loan, it is against all guidelines. Did anyone else witness him saying this?

Finally, and most importantly, if the Bailiff hasnt entered the property and listed possesions (Walking Possesion), under NO circumstance should she allow access to any Bailiff that carries out any further visits.

Tell her under no circumstance should she allow the Bailiff to Bully her, which in effect he is doing.

You can read further advice on the following site:

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax

THE_LONE_RANGER_4

Bailiffs Unfortunatly Onces Court Bailliffs Are Involved It Is To Late Ensure They Are Proper Bailiffs Not Debt Collectors

looby75

I don't know exactly what was said/done when the bailiff came to see her, I just know that he told her she needed to get a loan.

What exactly would a bailiff do/say to do a list of possessions thingy?

sorry if I sound really vague, I wasn't there and I have never had to deal with anything like this personally. I do want to make sure my mate isn't taken for a ride, especially as the majority of this problem is due to her ex rather than her.

UKTigerlily

A walking possession order is when a bailiff comes into the property & makes a list of anything of value that they can take if the debt isn't settled, I think they agree what she will pay them & if she doesn't keep to it they come back & remove the items. She can't sell them in the meantime. As far as I know. Please check the links

Fran

As I said on the other thread you posted, she must get help with this and go to her second nearest CAB (or third). She needs it sorting out before it gets even more out of hand.

looby75

Thanks everyone I will pass all the info and advice on to her. From what she has told me I don't think the bailiff did a Walking Possesion list, the only room he went into was the sitting room and all she has in there of any value what so ever is a tv.