Want To Be Free

Want2beFree_2

Thanks. I just don't know what the charges now are for. The debt should have all been paid meaning they would have had no reason to come round, this is more money we don't have.

BILLIE

Have you receipts for the amounts you have paid or a letter stating that it has been paid in full? Billie

Want2beFree_2

Also i don't know if it's because of all this other debt stuff. But the other debt i mentioned last time the big one has found him. That one is for over £13,000 money which we just don't have, that other one cleared us out, and now the bailiff is wanting more and this one has come too, we are both so down, it seems never ending and he just gets down with it all and i don't fully understand everything financial and debt like so it gives me nothing but a big head ache, and we're both worrying ourselves to death. This new one now has gone to a debt recovery company now. He says he hasn't paid anything on it for must be over 7 years or something.

Want2beFree_2

We were waiting for them to send the letter, there was 3 letters originally and we paid one off and a few days later they sent a letter saying it was closed that one, then we paid the other 2 was just waiting on the letter saying they were dealt with.

moneysaver599

Not sure if you have the Council Tax issue, I work for council tax in scotland so the laws are completely different. However, the basics are the same -

1) Phone the council tax section and ask to discuss your partner's arrears. Say he is with you and can give permission to talk to you. The operator will speak to him and will then be able to discuss it with you.
2) Check the address and dates are correct, council tax is a daily charge so he should only be held liable up until the day he moved out.
3) Check if he was "jointly and severally" liable with his ex, if so, the council may accept a partial settle and chase the other liable party for the remainder (this won't work if the liability order was in his name only).
4) Ask for written confirmation of 2) and 3) above. Ask them to place your account on hold both at the Council and at the debt collection agency while you wait for this information. Once recieved check all information is correct.
5) Check if it has been passed onto a debt collection agency. If not, arrange manageable repayments (making sure your repayments will be split between the different outstanding ctax years). If it has, ask your council if they will allow you to set up an arrangement directly with the council instead of the debt collection agency, this will normally have to be done via direct debit.
6) If at debt collection agency, phone to set-up payment arrangement (again, your partner will have to be there and give them permission to speak to you) - some agencies let you do this online. Be firm and state exactly what you can afford, do not let them bully you into increasing you arrangement. If they won't accept it, tell them you will send your Income and Expenditure and a payment proposal in writing. Keep a diary of ALL contact with the debt collection agencies. DO NOT give employment details, bank details or details of any assets. You may also consult citizens advice if you feel they are being unreasonable.

I don't know very much about the powers of debt collection agencies for council tax in england, as it is entirely different to the sheriff officers we use in scotland.

DO NOT UNDER ANY CIRCUMSTANCES allow a bailiff to enter your home, they are not allowed to force entry, however they are allowed "peaceful" entry i.e. if your window, back door etc. is left unlocked. Be careful when you open the door as the officer will normally stick his foot in the door and try to enter the premises. Also, one officer may talk to you at the front door while another goes round the back and gains his "peaceful" entry. Basically, they are allowed entry as long as they don't physically barge you out the way or break anything. Once inside, they are allowed to break open locked cabinets etc.

Keep the car far away, preferably in a locked garage. It's unlikely they'll already know the reg plate number but they might. This information is usually gained from your neighbours. Anyway, they can't do anything with it unless they can gain access to it.

Sorry, don't have time to post anything else, I'm at work, will pop back in later!
P.S. Sorry for the poor punctuation, again in a rush!!

BILLIE

Surely you would be better taking legal advice - CAB or something - I am not an expert, but you need to know exactly what is on his credit file or things are going to keep coming out of the woodwork. Likewise you need to know what you are liable for clearing. I tried to post on here at the beginning of the thread but something went wrong because I think you said something along the lines of he had sent her an email. Does she still have contact with him and know where he is? she seems cunning enough to keep acruing debt in his name. Billie x

Tixy

As said before it sounds like this large one could be statute barred - do look into it because it would be a huge relief for you both if you don't have to pay.

In the meantime be very careful if OH is writing/contacting them in case it is very nearly but not quite SB - he mustn't acknowledge that he owes this money.

Want2beFree_2

Thank you. We have paid the council tax one or we thought we had, a cheque was sent and it wouldn't have bounced or anything. But this bailiff i don't know what to do, they were banging on the door before and it's not our house, we live with my family who know nothing about this! I feel sick every min of every day and night, we can't sleep and feel like nothing is going to ever be better. We wanted to move out but now that's not going to happen. I wouldn't mind if it was a debt either one of us racked up but it's not, we're both careful with money and it was all her. I just don't know what to do anymore.

Want2beFree_2

BILLIE wrote: »

Surely you would be better taking legal advice - CAB or something - I am not an expert, but you need to know exactly what is on his credit file or things are going to keep coming out of the woodwork. Likewise you need to know what you are liable for clearing. I tried to post on here at the beginning of the thread but something went wrong because I think you said something along the lines of he had sent her an email. Does she still have contact with him and know where he is? she seems cunning enough to keep acruing debt in his name. Billie x

She doesn't know exactly where we live now but we do still know some of what she's up to as we have a friend in common. She's sucking her new guy dry at the moment. I know you're right though with needing to see the full credit file, but so scared of what we might find and if we look then they will all whatever is one there find us, but then again we can't keep living like this wondering when the next letter will drop.

Want2beFree_2

Tixy wrote: »

As said before it sounds like this large one could be statute barred - do look into it because it would be a huge relief for you both if you don't have to pay.

In the meantime be very careful if OH is writing/contacting them in case it is very nearly but not quite SB - he mustn't acknowledge that he owes this money.

On this one we just don't know what to do. Don't know if there's any court thing on it, as i said it's gone onto a debt recovery company but he hasn't paid anything or been in contact with them for over 6-7 years. How would we find out if it was old enough for us not have to pay it?

Thank you all for your help with all this. I don't know what i'd do if i couldn't ask for help on here. xxxxxxxxx