ARGH! Please help - issues with Council Tax & Bailiffs!

Lina

Hi there,

I'm posting on here as a rather last resort - I've been a fan of this site for a while, but only posted once before. Having seen how helpful everyone on here is, I'm really hoping someone will be able to help me out.... we're having some trouble with council tax, bailiffs and estate agents! Apologies for the extremely long post, but hoping more info is better than less!

Last year, my boyfriend and their two friends rented a house on a years contract. When that contract ended, all four of us moved into a house together, which we're still renting very happily.

When they came to move out of their previous house, they sent the notice off to the Estate Agency, and then a few days later, faxed it over to make sure that they had it. The Estate Agents then came back and said they hadn't had the original letter, and wanted them to stay for another 2 months, until the 1st May this year.

Having already found our new house, and due to move in on the 1st April, they subsequently challenged the Estate Agent, and moved out on the 5th April, and into our new home. The contract that they had with the original property was for a year, with 2 months notice, which according to the letter they had done, but according to the fax they hadn't, as this was sent a few days later.

Fast forward to today, and the flipping bailiffs had come round to our new property! They are looking for the Council Tax for the months difference between the 1st April, and 1st May (love the way they've been sending all the reminder letters to the old address, and suddenly found the new address when its time for the Bailiffs to come round!! Cheeky things!)

Anyway, unfortunately, the housemate who was in at the time didn't realise that they didn't have to come in, and so they have now been in the house, made an inventory of stuff and have given them 5 days to pay this bill for £380 odd quid. My housemate has signed this aswell. ARGH!!!

I now have a few questions which I'm really hoping you can help out with:

1) Will CCJ's have been lodged against them, and is there anything that can be done to get rid of these? Legally of course Does anyone know who to contact?

2) They do believe that they have already paid the Council all the outstanding monies, as they requested a final amount that they had to pay when they moved out. Where does this leave them with regards to the Bailiffs thing, as they've already signed to say they owe £380?

3) They can afford to pay the amount, however this has to be done in 5 days otherwise the bailiffs come back and get the stuff, however if they do pay, and then work out that there wasn't anything outstanding in the first place, how would they then claim this money back?

4) The bailiff who came round, said not to phone him til Monday when he's back in the office, however by then the 5 days will be up, and they can then come and get our stuff. I totally don't trust them, but what is your advice?

5) I really think we need to go to CAB, however, we all work, and the nearest one in our town centre has a week's notice for appointments, and by then the 5 days will be up too! ARGH! Can anyone offer any help?

6) Is the Bailiff thing legally binding? By signing the document that says they owe £380, have they incriminated themselves, even if they later discover the council tax has all been paid?

I'm really hoping that someone can help me out, as I'm expecting a rather sleepless night tonight

Thanks very much to all,
A rather scared Lina
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ampersand

Lina,
Mine is a useless post, but I have come across yours by accident and just wanted to respond with the ASSURANCE that you have done the best possible thing by posting here.
HERE IS A HUG,even if from a virtual distance..
I want to say 'Try not to worry', but realise but this must be impossible.
Kindest thoughts, warmest wishes in the certainty you'll have help from other msers very soon.

Lina

Aw thank you 'ampersand'! Much appreciated with the long distance hug! If any other mse'rs can help out with some advice, or just a hug it'd be most appreciated

Lina
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Skint1

Try reposting in the
Debt-Free Wannabe Board you'll get a better responce there

burbs_2

Sent you a PM.

Astaroth

The council tax issues are dealt with in the magistrates court rather than the County Court so there will be no CCJ on the matter.

I had a somewhat similiar issue (though it didnt get to bailifs) with a previous council of mine and it took them 5 years "to find me" (I say "me" because they actually found my aunty who my mother had lived with for a couple of months a few years previously). Their reasoning for this was that they do not have access to credit searches nor other government agencies records to be able to search. Of cause bailifs do have access to search data so can find you easily.

Unfortunately I would not know the procedure to challenging a magistrates ruling but hopefully what ever burbs said but didnt want to share with others that may have similar issues will help

CIS

unfotunatey, the council tax for that month is legaly due, we have to charge until the end of the tenancy for any council tax due , even if a person left earlier.

The only way it wouldnt be charged for was if another tenant took over the property straight away and started paying the council tax.

we dont have any facility for tracing people, except within our own borough, we can look through the likes of the local electoral register, the council houisng lists and the council tax registers, but thats really as far as we go - we have to wait and see if the person turns up within the 6yrs, or hand it to baillifs and see if they can track them down.

Lina

Hello everyone,

Thanks for taking the time to post your replies - its very much appreciated.

There is some issue as to whether they were liable for the council tax, which is why the problems have arisen. Although the letting agent wanted them to stay on another month, the actual tenancy agreement ended on the 1st April, so they don't believe that they are liable for this.

Anyway, to cut a long story short, my housemate has gone to the local council today to try and sort it out, and then he's off to CAB so hopefully they should help.

If all else fails, they can pay the bailiffs the full amount necessary, thank goodness, but would rather get it sorted first as the likelihood of getting the money back is fairly poor I'd imagine.

With regards to paying it all off, does anyone have any advice for paying the bailiffs? You can do it over the telephone, but then they wouldn't get a receipt, which makes me a bit nervous, or they could send a cheque recorded delivery or something?

Thanks so much everyone, and looking forward to a good night's sleep tonight!

Lina
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