Need help, Bailiff's just come knocking.

Zoelikesjam

Hi all, don't know if I am posting in the right section, so please, if I am not could one of the 'mods' move it to a more suitable place for help?

My OH was in a relationship a while ago, and on break up(Aug 2007) he gave the ex the money for the council tax on their shared house as he left. Unsurprisingly she did not pay the bill. Both their names were on the council tax bill. He has heard nothing about this, so did not know she had not paid this bill.
In September 2010 he had a letter to his mothers, and on receiving this he phoned them to say the bill had been paid, only to find she hadn't paid it. He gave the company his up to date details, new phone number and my address for correspondence. The company gave him the number of the bailiff dealing with it and told him he had to contact him to discuss the matter. He tried the bailiff several times to no avail, so tried the company again. On explaining the situation to them he was told to phone the council. He spoke to the council, who told him it didn't matter that both names were on the council tax bill, they would just chase the person who they thought would be more likely to pay it. Frustrated at getting nowhere he called the bailiff company back, explained to them what the council had told him, and explained that he was not happy paying the full bill, he would, however, grudgingly pay half, so could they please set up a suitable payment plan. They said they would be in contact.
Unfortunately, due to an oversight by ourselves(illness and christmas), we have not been back in touch with the company since. We have had no letters or phone calls from them so had completely forgotten about it.
Today we had a bailiff knock on the door and demand the whole £2700 bill. When J obviously told him he couldn't afford that, he demanded £300 a month.We informed the bailiff we couldn't afford more than £50 month, and that would be a struggle. He point blank refused the offer, wrote out a 'Removal notice' and said he was putting down 'refusal to pay'.
After reading the removal notice letter I am now in a massive tizz. It states they can come back at any time with a locksmith and remove property without anyone being in.
Now I have a few questions.

Can they do this, as it is my house, my name on the rent&council tax. He doesn't live with us because of personal reasons, and all he has here is a few clothes and his daughter(surely they wouldn't want her :eek:) Would they check before turning up, who's house it is?

I am firstly worried the bailiff has put down refusal to pay, when we did make an offer and would have paid it there and then. Would this go against OH?

OH is talking about IVA's and bankruptcy, which we have no idea about, could someone please give me some advice on these?

Would they take it to court and do an attachment to earnings? How would this work? Would they take into account things like my DLA and child tax credits or are they not allowed?
When we informed the bailiff he couldn't pay more than £50, and he started being a vile git, I lost my temper because he was being horrible, and said to him if he didn't accept it then take it to court, they will see how much he earns and see how much he can pay. He said to me the would sentence him for not paying a council tax bill, and he would get a prison sentence. Is that true? I am in bits over this and really don't know what to do.

Does he have a leg to stand on concerning his ex not paying the bill? Can he ask for her to pay all of it or half of it? I am so angry with him for just giving her the cash and not bloody paying it himself, but what can you do?

Sorry for waffling but I am in a bit of a state over this. Thanks in advance for any help x

BackOnTrack

This sounds like utter rubbish. It probably wasn't a real bailiff as there must be a CCJ for them to do this. Someone with better knowledge than me will be along soon but in the mean time do a search at http://www.trustonline.org.uk/ and find out if there is a CCJ against him. If there isn't then report them to the OFT and trading standards.

If they come back tell them to **** off or you are phoning the police. They can't get a locksmith to enter your house either unless they are a real bailiff who have already entered your property. keep your windows closed and doors locked just in case though.

Also have a look at http://www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

Mowgli87

I cant give you much advice about Council tax, but what i DO know is that if debt is in your OH's name, the ballif cant take anything that belongs to YOU. Also, Im pretty sure baliffs dont come into play until after CCJ?!

RAS

Please can you clarify something, as this is really important.

Did the bailiff come into the house. Has he done a levy or Walking Possession Order; both will list goods that he intwends to take.
Secondly, they can only take what he owns, nothing our yours or his DD's and then only if the goods will cover the cost of the debt.

He is however, liable for the full cost of the CT bill, unless he can persuade his ex to pay something towards it.

If there is a liability order (issued by the magistrates Court, CT does not go to the county court), then I doubt if goign BR will help, as I think it is excluded from BR.

OH needs to talk to on eof the debt charities urgently.

Zoelikesjam

Thankfully if OH is here he always opens the door, steps outside, and shuts the door behind him as our little one is prone to escaping and I have mental health problems and this causes problems concerning strangers. I went to the door when he didn't come back, and let myself out. He was so rude to me I ended up bursting into tears and shouting at him the bit about court. He went to his car to get some paper work with a
'I'll get the paper work and come in to fill it out'
I had to snort a laugh through my tears at the point as there was no way I was letting him into my house. I refused to let him in, and made him fill in the form on the bin, whilst he gave me foul looks and spouted of the stuff about prison. When he said he was putting it down as refusal to pay I told him OH wouldn't be signing anything as he HAD offered to pay. Luckily 99% of the time I am in as I am disabled so can't get out, so it is rare for me to be out. However, because of my mental health I am now worked up into a right state, and every time I hear a car door slam outside I keep thinking he has come back with a locksmith and/or the police and will just let himself in, which is putting me on edge
So no, he did not come into the house, in fact I told the swine to get off my property(meaning my front garden) when he said what he did about the prison. So no list of goods. Am I right in thinking he cannot enter my house without first stepping foot through the door, or if I leave a window/door open? Even though it's my house is he still allowed to do this?
I'll get OH to check and see if there is a CCJ. We certainly haven't had anything in the post about it.

I am so wound up about this its unreal.
Thank you all so much for your replies x

RAS

Please please forget about a CCJ, as there is not one. CT is dealt with by the magistrates court, so it is legally impossible.

There will be a liability order, so he needs to ring the Council, and ask how much it is for.

Thankfullly, by accident you dealt with the bailiff perfectly.

Let;'s get is straight.

He cannot come back with a locksmith. He cannot come in the house and he cannot send your OH to prison.

Your OH needs to sort this, not you.

Write to the Council stating only got personal possessions and living in your house. Paid CT to ex, who he has now discovered failed to pass the monety to the Council (gets the won't pay risk out of the way).

Indicate what sort of money he can pay each monthand start paying it. chase up ex.

CIS

Please please forget about a CCJ, as there is not one. CT is dealt with by the magistrates court, so it is legally impossible.

In theory they can pursue through the County Court instead of the magistrates court but I've yet to find a council who has as the magistrates route is much easier and more effective.

He cannot come back with a locksmith. He cannot come in the house and he cannot send your OH to prison.

The bailiff cant use a locksmith unless he is recovering goods that have already been levied on within the property and he cannot personally take committal action but if he returns the came to the council uncollected then they can take committal action and ask the magistrate to sentence him for non payment. (for a maximum sentence of up to 3 months). Committal is an ultimate sanction and uncommon but it does happen.

Zoelikesjam

Right, so they can not come into my house. They can't come back with a locksmith without me first letting them in and them taking note of possession's.
Would the best corse of action be if OH pen's a letter to the council and states something like

'I've only got personal possessions and living in OH's house. I Paid CT to ex, who he has now discovered failed to pass the money to the Council. I can pay xxx per month'

I had thought something along the lines of getting him to phone the bailiff's company and paying a token gesture so they can't say he refused(seen that used a lot on here) but is he better off going direct to the council and paying them and NOT the bailiff's? Would that be the best course of action? Is there anything else he can do? Thanks for the information RAS & CIS, do you have any advice or an opinion on the situation?

Unfortunately he can't chase up his ex as she no longer lives in the same house and, as it wasn't the best of break-ups, he hasn't spoken to her since leaving. He left after giving her the money for their joint bills with a bag full of clothes and came back to the Midlands from Huddersfield. He went back to her/their house four weeks later to get the rest of his stuff to find she had packed up and disappeared. He never thought anything of it, just thought she was being spiteful and a cow taking all his stuff, never even thought she would have scarpered with the money for the bills as her name was on the council tax bill as well.

Your OH needs to sort this, not you.

Trust me, he will be! I've been on MSE for a long time to help keep my bills down, and I had got myself into such a state over the spiteful pig at the door, that I thought I'd pop on and ask for some advice in case he turned up again, locksmith in toe! xxx

RAS

Hi

Do not ring Bailiffs, write to them.

if your OH does not offer the amount the bailiff considers acceptable, he will refuse to take any money at all.

If the bailiff takes money, it will be used to cover his fees (more on this later).

If he pays the Council, then at least they can see he is making an effort to pay. That makes the business of prison pretty unlikely, unles he is offering £5 and could afford £50.

With respect to fees, most bailiffs try to add illegal fees to accounts. He can charge £24.50 for the first visit, £19.50 for the second visit (within pence) and anyhting else is illegal unless he gets in the house.

Which is why your OH needs to know the value of the liability order. Then come back for advice.

If OH does not own enough to sell at auction the bailiff should return the debt to the Council.

Zoelikesjam

Thanks RAS. How would he find out about a liability order?
OH has next to nothing, apart from clothes, a few CD's, and a PC, but that's at his mum's, so I doubt they'd entertain the idea of auctioning anything off!
Thanks for all your advice x

RAS

RAS wrote: »

There will be a liability order, so he needs to ring the Council, and ask how much it is for.

As above.....