Want To Be Free

Tixy

Firstly I think I would try the registry trust online to try to see if there is a CCJ outstanding (it does cost but I think is worth it in your case).

If there is no CCJ then you
could either need to send the prove it letter (getting them to prove the account existed) and then after they prove it you ask for a statement of account (making sure all letters include ' i do not acknowledge any debt to your company') to work out when the most recent payments were.

Or if you are fairly certain that there has been no payment or acknowlegdment for over 6years (and no CCJ) then you could just start by sending the SB letter out - if its not SB they will let you know but it seems unlikely OHs ex will have paid anything to it and if he is certain he hasn't then it does sound likely it will be SB. If they reply with anything other than yes we agree its SB and we won't chase you then come back for advice.

If you find there is a CCJ through the registery trust come back for advice.

Want2beFree_2

Thank you will get him to read all of what has been suggested when he gets home - he's working today.

Just don't know what to do about the bailiff one right now, i've been reading around i read this:

"It is important to realise that when collecting Council Tax, bailiff companies cannot charge a letter fee and can charge only £24.50 for a first visit to levy and just £18.00 for a second visit. In order for the bailiff himself to earn more money, he must look at additional ways of charging more fees to you. Mainly this will be for charging an“Attending to Revove Fee”.

If this is right does that mean that they can't charge the £85 that the bailiff is trying to charge us. No one has let them in and we have signed nothing not even seen them yet.

Tixy

I'm sure thats right - that they can only apply those 2 charges if you haven't let them in. You shouldn't be paying anymore than that maximum.

Do you know whether you have already paid some charges as part of the debt?

You certainly won't need to pay all of that £89 but I'm not sure exactly what your next step should be - hopefully someone will post soon who does knows (RAS, roberto or 10past6 or someone else expert?)

dancingfairy

It does sound very much like the bailiff could be trying it on - assuming this is for the council tax debt?
You need to write to the bailiffs and ask for a statement of how much it was when the debt was passed to them, all their fees - with explanations if neccesary and any payments made by you. Hopefully one of the experts will have a template letter you can send or tell you exactly what to write.

With respect to this other debt for 13,00 pounds you need to find out if it was in his sole name or joint names. IF it is in his sole name and he has not written to them or paid them then the debt will probably be statute barred - he needs to check whether he has any CCJ's first though - if it is statute barred he can tell them so and tell them to leave him alone.
You really do need to get hold of the credit reports though - just to check 1) his ex has not committed fraud in his name and 2) to check the information on there is correct - sometimes companies can add defaults a long time after the default should have been meaning it could cause the problems to continue on for longer.
Good luck - you can sort this out.
df

Want2beFree_2

Thank you both, i'm just worried that the bailiffs will come round again and if we don't pay the £85 that they will just add more and more onto it.


And i'm hoping to god that the £13,000 one is statued barred. We have no money, no savings, he's on a low wage and im on even lower. We don't spend anything or go out.

I know that we need to do the Credit check. We're just so scared that it might make any other debts - if there's any others out there find us quicker and add more to the already growing pile.

He really thought he had paid all her debts off years ago, he paid back thousands almost killed himself working to do it, but he thought it was all over and now this. I've never been in debt and its all new and scary to me.

BILLIE

I am not sure about this and hopefully some-one who is an expert can correct me, but I think once upon a time you could put something in the paper which stated that "I Mrs Smith am not responsible for debts of Mr Jones as of date "etc. That way you are issuing a public notice and any monies owed to people after that date you have something to prove that you are not liable. As I say not completely sure you can still do this, but it might help. Chin up and get OH to look at his credit file - just looking doesn't prove to anyone where you are cos it can be done on line (I think!) Billie x

Want2beFree_2

Thank you for the advice. We just don't know what to do at the moment. So much to think about but i will suggest to him doing the Credit report. If he did do this does that mean that any debts out there will find him all at once?

But this bailiff thing he's really mad about as he paid it and they are still after more. Just want an end to it all.

RobertoMoir

Have they levied or not? (I'm guessing the answer is no).

If they have not levied then all they can charge is for two visits to the total of £42.50. Period. End of discussion. Ring them up and *tell* them this. Don't let them enter into a debate about the subject, tell them you *know* this is true because you have advice from at least one former county court bailiff behind you.

Once you have established that, tell them its really up to them if they wish to apologise for trying to rip you off and withdraw their charges or you complain to the court that issued their certificate and have them severely told off.

Want2beFree_2

thank you very much for that information. will do that. And no they haven't levied anything to our knowledge. Just banged on the door this morning then shoved two letters through in no envelope stating that we have to pay x2 payments of £42.50 for costs. No mention of the original debt as that should have all been paid off.

thank you so much for your advice on here

nanna58

hiya sweetie
Surely with the c tax if she is claiming oh still lives there it is fraud.
Try looking at sigs if you can as said above it could be forgery.
my son has been left with debts from his ex (thank god she is) but the ones he s trying to pay were in joint names but taken on by THE THING.
Good luck and have lots if hobnobs xxxx:A