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Oh help, Bailiff has levied on my neighbours car?!

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  • dancingfairy
    dancingfairy Posts: 9,069 Forumite
    You do need to be aware it is a priority debt and as such takes priority over other unsecured borrowing/credit cards etc. You may need to make token payments to other debts whilst tackling priority debts ie mortgage/rent, electric/gas, council tax etc.
    Also be aware that they will want the arrears paid before the end of the payments in January probably - they may let you take it over feb and march as well though if you are lucky but they are highly unlikely to let it go beyond that.
    Make sure the bill is correct and that you are getting any discounts/exemptions/benefit you are entitled to and try and get them backdated if possible.
    df
    Making my money go further with MSE :j
    How much can I save in 2012 challenge
    75/1200 :eek:
  • Faye449
    Faye449 Posts: 173 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    I can understand the bailiff getting the hump - they're not going to get the money out of you quite so easily. I think the OP is right though and it is up to the council to decide whether to take you to court for a cimmittal order or not and they have to have a special hearing at court for that first - the bailiff can't just decide.
    You need to write to the council with an offer for payment. They are going to look pretty stupid if you have written to them with a sensible offer and refused it and then try and go for committal. Your local councillor may be a good port of call as when they get involved things tend to get sorted quicker.
    df

    I have called the council about it this morning and they just said 'its with the bailiff now, you have to sort it out with him/her'

    As it stands I am on a DMP with CCCS anyway and could only afford 25/month (my budget with them will prove this I hope as the 'spare' 25 comes from car insurance I cancelled when I got my company car)
    who should I offer it to? Bailiffs are saying they want over 900 even though the outstanding c/tax is about 730 and will only accept full settlement and the council don't appear to want to deal with me!
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Faye449 wrote: »
    I have called the council about it this morning and they just said 'its with the bailiff now, you have to sort it out with him/her'

    The council can take back from the if they so choose, so the council employee you spoke to is being less than honest. :angry:
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    Only the council can apply for an arrest warrant/committal order.

    Before that can happen, there needs to be a hearing at the magistrates court for it. You have the chance to attend that, explain circumstances, and make a fair offer.

    The magistrates court can only make a commitment order if you are guilty of wilful non-payment. Simply not being able to pay arrears all in one go cannot land you in prison.

    The bailiff is being deceitful in claiming that they can get a arrest warrant/commitment order if you do not pay them.
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
  • bellrooster
    bellrooster Posts: 1,030 Forumite
    Part of the Furniture Combo Breaker
    The same thing happened to me when I was having Bailiff/council tax problems. I just wrote to the DVLA and they sent me a letter stating that the car wasn't mine which I sent to the bailiff company (and the council).

    As it wasn't a enforcable levy they should remove the levy fee too.

    try www.bailiffadviceonline.co.uk I found the site extreemly helpful, and doubt I would have sorted out my bailiff problem with out it.
  • RAS
    RAS Posts: 35,589 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Faye449 wrote: »
    the bad news is she got the right hump and said she is going to get an arrest warrant issued for me (its council tax) unless I pay the full balance (which obviously I don't have or I would have paid it!) and then hung up on me.

    She is lying. She cannot get an arrest warrant for Ct. In fact, it is so rare fro anyone to be imprisoned for non-payment of CT that it makes the national news. Restricted to the real refuse to pay under any circumstances brigade.

    However if you have CT arrears, you should not be paying into a DMP. You need to make token payments only to the non-priority creditors until you have cleared the CT.

    Try speaking to your local councillor and speak urgently to your DMP provider.
    If you've have not made a mistake, you've made nothing
  • What I did was set up a SO to the council and as the bailiff got no where with me, they ended up passing it back to the council. The council will not refuse the payments. Just call them and get your reference number for the relevant year and their bank details - then set the SO up. Mine is almost gone now and no hassles anymore.
  • Tixy
    Tixy Posts: 31,455 Forumite
    Faye449 wrote: »
    I have called the council about it this morning and they just said 'its with the bailiff now, you have to sort it out with him/her'

    As it stands I am on a DMP with CCCS anyway and could only afford 25/month (my budget with them will prove this I hope as the 'spare' 25 comes from car insurance I cancelled when I got my company car)
    who should I offer it to? Bailiffs are saying they want over 900 even though the outstanding c/tax is about 730 and will only accept full settlement and the council don't appear to want to deal with me!

    You should be paying your council tax arrears before you pay your DMP contributions to your unsecured creditors.
    How much do you pay monthly to CCCS? you really need to contact them and arrange to just pay token payments only for them to pay to each creditor (£1 or £5 each) until the council tax debt is cleared.
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Faye449
    Faye449 Posts: 173 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    RAS wrote: »
    She is lying. She cannot get an arrest warrant for Ct. In fact, it is so rare fro anyone to be imprisoned for non-payment of CT that it makes the national news. Restricted to the real refuse to pay under any circumstances brigade.

    However if you have CT arrears, you should not be paying into a DMP. You need to make token payments only to the non-priority creditors until you have cleared the CT.

    Try speaking to your local councillor and speak urgently to your DMP provider.

    Hi,

    Thanks for your reply. Yes I am aware it's a priority debt and re the DMP well my debtors are only getting 1 pound token payments as I have to give them something!
  • fermi
    fermi Posts: 40,542 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Rampant Recycler
    It has been known but it's not very common I believe

    Understatement. :D

    As RAS said, when it happens it makes national news....
    Free/impartial debt advice: National Debtline | StepChange Debt Charity | Find your local CAB

    IVA & fee charging DMP companies: Profits from misery, motivated ONLY by greed
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