Council Tax Debts and Bailiff Threats

looloouk

Hi all I'm new here.
I'm desperate for help. A few days ago a Bailiff turned up at my house, my partner spoke to him and said I wasn't in. He had seen me at the window though. He posted some letters through the door after my partner closed it. 4 letters in total threatening to remove goods if I do not pay the full amount..which adds up to just under £1600.

I rang the council and they said the debts were from 2001, 2002 and 2003. During this period I was on benefits and haven't worked since 1998. I told them this and they said that they have been trying to get hold of me for so long I should pay the Bailiffs the money asap wether I owe it or not.

I'm really upset and scared that my furniture will be taken away. My partner works on mininum wage, I stay at home with 2 young children. I don't know what to do I wouldn't be able to afford more than £5 a week to pay back but I think the amount would never go down this way. Do Bailiffs still have the right to come and and take what they want? I'm scared I will be arrested or something please advise.

Louise

naijapower

They can take your stuff if you dont owe any money as you have stated. You need to clarify and chase with council. if you were on benefit during this time and your CT was paid by govt, then clearly you dont owe them money.
But it is bound to be a big fight. goodluck

DarkConvict

I'm sorry to hear you are having problems but well done for seeking help.

I'm not 100% sure on my knowledge of bailiffs. But since they have not gained access to the house (you personally letting them in) and you have not signed paperwork they cannot take any property. If they make two visits and fail to gain entry or receive payment they should return the debt back to the council.

I would ring up your local councillor and get them to help you.

I would not pay any money until you are in agreement with any amount owed. I'm surprised it was past to a DCA should they not at least contact you first to avoid having an additional debt collection charges. There are template letters Prove It! and SAR letters to get further details on what the amount is made up of. http://forums.moneysavingexpert.com/showthread.html?p=11571227#post11571227

RAS

looloouk wrote: »

they said that they have been trying to get hold of me for so long I should pay the Bailiffs the money asap wether I owe it or not.

That is appalling. is this the same council as where you are living now?

looloouk wrote: »

I'm really upset and scared that my furniture will be taken away. My partner works on mininum wage, I stay at home with 2 young children. I don't know what to do I wouldn't be able to afford more than £5 a week to pay back but I think the amount would never go down this way. Do Bailiffs still have the right to come and and take what they want? I'm scared I will be arrested or something please advise.

Since the bailiff has not been in the house, he cannot take anything. It is essential that neither you or OH let him in. Once he has a levy or WPO, your istuation will become mich more difficult.

Do you have a car?

You need to get together anything you have that would demonstrate that you wer enot working in the relevent years and go and talk to you local councillor if possible.

Also pm Herbie21 on here.

looloouk

Thanks for all the advice so far. I have no car. It's another council, but not far from where I am now. This debt is from 2001-2003. I have no proof I wasn't working, but the council told me I was on 'some' benefits at the time. I was at a low and was on the sick at the time, or income support. I was at a different address then too. I was reading something on the forum about not having to pay debts if the debt is from more than 6 years ago...is it different with council tax?

RAS

Yep

Council tax they can come for you for years.

Over this weekend try to start sketching out what you can about when you were ill or not working. The problem is that if you were working for periods and got benefits, it may not have been enough to alllow you full CTB

chappers

Just to reiterate what others have said DO NOT under any circumstances let the bailiff in, do not leave any windows or doors open when you go out. The bailiff cannot force entry unless you have previously let him in and he cannot take any of your things without a walking possion.
As has been mentioned if you have a car do not park it on your drive as he may make a levy on it from outside the property, although he shouldn't unless he can prove it belongs to you.
he can only charge you a total of i think £42.50 for his visits and when he cannot get payment he will pass the debt back to the local authority.

Next you need to get on to the council and find out exactly what and why they are chasing you for this money, you say you were on benefits should you not have been claiming CT benefit, was your OH working.
If the bailiff calls again tell them you will not be paying them and that you are in discussion with the council as to the validity of the debt. Again do not let them in under any circumstances talk to them through the window if necessary, they have been known to use all sorts of tactics in the past like can I just use your toilet, come in for an informal chat, all the way down to jamming their feet in the door and barging in.Just be polite but firm with them.

If it turns out you do owe this money then you are better off dodging the bailiffs until they pass the debt back to the council and then dealing with them neither the council nor the bailiffs can make you pay more than you can afford.
as I said your next port of call needs to be the LA to get them to substantiate their claim for the debt.

CIS

Next you need to get on to the council and find out exactly what and why they are chasing you for this money, you say you were on benefits should you not have been claiming CT benefit, was your OH working.

The fact a person may have been entitled to benefits at the time will not assist them now if they didn't claim at that time - unless they can demonstrate that an official error occurred and that was the reason they hadn't received the benefit.