Bailliffs/C Tax help please!

Minky_2

I'm currently off work with a rather nasty kidney infection so I'm at home. There was a knock on the door this morning that I couldn't get up to answer. When I managed to get up a little while later there was letter through the door from bailliffs - 'attendance notice - clearance of goods'. This is in respect of my partner's outstanding council tax bill from his old property.
However, I know for a fact that he has an arrangement with the council and is paying this off each month. He hand delivers the cheques each month and they are cashed by the council and we can prove it with bank statements.
I've called my partner to tell him and he is going to call them and the council.
Is it up to the council to sort this out with the bailliffs as there's obviously been a breakdown in communication somewhere their end?
What happens if the bailiffs return in the meantime?
My car (in my name) is on the drive.

Any help gratefully received.

Thanks

RAS

Hi

They cannot take your car to pay his debts.

They can only take his goods if you let them in the house. Keep all windows and doors locked.

Might be a good idea if he contacts his local councillor who may be able to sort the revenue people out, unless they sort themselves out this afternoon.

dancingfairy

Good thinking getting him to contact the council.
It could turn out to be something like him having an arrangement to pay one years council tax but another year being set to bailiffs for enforcement?
The cheques that are being cashed could be being put against your current council tax liability? the system is stupid so it might think you are paying this year- or even next year unless it specifially states it is for the arrears from x year - and even then the council have to apply it manually I believe and it may not be allocated to the correct year.
The other possible problem is the council not telling the bailiffs amount the cheques they've received etc.
Hopefully your other half can get to the bottom of this though.
df

jojo1964

When i was clearing my council tax arrears, i was told to pay the bailiffs and not the council so wondering if the same might apply here.

PHYTHIAN

Tell them everything in the house is yours...they cannot touch anything in order to pay off your partner's debts

dancingfairy

Generally I guess the council want you to pay the baliff as that's what the council is paying the bailiff for - to collect the money. Also by using the bailiff then the bailiff has the opportunity to levy on items such as a car or persuade the person to let them into the house and carry out a levy - which means more leverage on the debtor to pay the money back and the council in theory has more chance of seeing the money. I am aware that it is not always like that in practice although I guess that's how the council see it.
I would have thought that the council should take the money though and really should be in contact regarding who owes what on a regaular basis.
df

dancingfairy

PHYTHIAN wrote: »

Tell them everything in the house is yours...they cannot touch anything in order to pay off your partner's debts

It's easiest just not to let them in - then there's no problem.
df

PHYTHIAN

dancingfairy wrote: »

It's easiest just not to let them in - then there's no problem.
df

Yup.....that too

Minky_2

Partner has just called and he contacted the council first and apparently the arrangement was only up until the end of 2010 and then it was up for review. Shame nobody bother to tell my partner and they carried on cashing his cheques! Apparently the bailiff was really cool and said fine as long as he was dealing with the council.
Thanks for all your replies everyone

king100

RAS wrote: »

Hi

They cannot take your car to pay his debts.

They can only take his goods if you let them in the house. Keep all windows and doors locked.

Might be a good idea if he contacts his local councillor who may be able to sort the revenue people out, unless they sort themselves out this afternoon.

This depends if OP was living at the address in question, as council tax not only is liable on whos name is on the bill, it covers anyone living at the property over the age of 18.

So if OP was living with partner at the time then she is liable for the council tax, and yes they could take your car.

If OPs partner never lived there then OP is not liable for the council tax and thus bailiff cannot take your car.

OP please also note that bailiffs lie and for him to say that he is fine with your partner dealing with the council I find very hard.

To be on the safe side please keep all doors and windows locked and do not answer the door to someone who you dont know.

Next step is to check with the council what remains outstanding, what the amount is on the Liability order, as they can only send bailiff round if they have one?

This can be done over the phone with council or in writing.

RAS

king100 wrote: »

This depends if OP was living at the address in question, as council tax not only is liable on whos name is on the bill, it covers anyone living at the property over the age of 18.

So if OP was living with partner at the time then she is liable for the council tax, and yes they could take your car.

If OPs partner never lived there then OP is not liable for the council tax and thus bailiff cannot take your car.

Correct but....

Minky wrote: »

This is in respect of my partner's outstanding council tax bill from his old property.