Been asked for advice(Re bailiff) Urgent

louisemarie

Hi there and thanks for reading,

I could do with some advice. I have been asked for some advice but I really haven't a clue where to start.

Also given the serious nature and the urgency of the situation and the potential to make things even worse by giving duff info I thought I would ask the experts on here.
I am terrified that I may make the situation worse so advice on how to handle htat side of things would be excellent as well.

Right, enough waffle and some background. I have been friends with the people involved for some years and they knew that I have cleared all our debts and also that I post and dwell on MSE.

Got a phone call yesterday evening form the husband who sounded at his wits end.

They have had financial problems(although I don't have the specifics) and the husband is now out of work(he starts a new contract in late Sep)

Whilst husband was away working(July) she received a Bailiffs letter to her home. The bill is for Council Tax and is in the Husbands name. She then rang the bailiff who arranged to call the next day and told her to have £50 in cash.

She didn't mention it to her husband as he was in the process of applying for another contract.

Bailiff turns up, wife is very distressed. Crying, shaking and wet herself. Bailiff insists on making an agreement for £200 per month despite being told at least four or more times that they could not pay this amount.
The point was made that if they could manage £200 per month then they would not have failed to pay the £110 monthly ammount that they were required to do.

Bailiff would not make an agreement for less than the £200 saying the office would not accept a smaller amount. He then told her that ________Council had a "One stop shop" who could help to get this reduced. She told him that she was not aware of anything like this and also that __________Council had a policy of not taking the bills back. Again he told her that this was not the case. He said that £200 was the smallest amount he could agree to but that it was only a formality and not to worry.

He then left without taking the £50 and the wife was so distressed she forgot about it. She was having problems breathing and could not talk properly.

About an hour later she reailised that he had not taken the money and called him. He told her that she would have to pay by debit card. Which she did.

Fast forward to yesterday. Wife hystericial-she has been trying to find the "One Stop Shop" without success. And also trying to raise the £200 by selling her wedding ring and some other items without success.

Tells husband. He is stunned.
Knew they were in difficulties with the C.T. but did not know about the Bailiff.
He was also very concerned about his wife. She has quite serious mental health issues and has been diaginosed with Clinical Depression. She is extremely vulnerable and he fears that this may be the straw that breaks the camels back so to speak.

He called ___________Council an dinitially spoke to the C.T. Section who were concerned but could not help. However he was told to speak to the recovery section with regard to the bailiffs conduct. The recovery section were not interested and simply told him to discuss the matter with the bailiff.

He is furious with the bailiff, for taking advantage of someone so clearly in serious distress.
For discussing the account without permission.
For lying about getting the account taken back to the council.
For insisting that £200 was the minimum he could accept.
For lying about hte "advice shop"

He is also angry that he got the debit card details.

I spoke to him yesterday evening and called round this morning(to see if they wanted me to post on here)
I was pretty shocked to see her she is very close to the edge and other than giving her the samaratians number and telling them to ring me whenever they needed to I couldn't be of any more use.

Thankfully I have never been in that position myself so I can't really be of much use. I was always terrified of the thought of bailiffs and took on extra work to make sure we could always pay our C.T.

I am at a loss as to what to tell them to do.

I didn't think that you could discuss an account with someone other than the account holder. Certainly, when I was paying off our debts I any debts solely in my husbands name needed permission from him before i could discuss them(even when I was trying to pay the debt in full)

Thankfully her husband knows that she was trying to help and also, that if she was well she wouldn't fall for all the bul**it he spouted.
I have said that I will post and will let them know what (if anything) can be done.

Needless to say they don't have £200.

Many many thanks for reading.

LM.

JLL

I would say go to the CAB they would sort everything out for them. As regards them discussing the account with his wife I don't think it's worth worrying about when she is very vunerable and they having bigger issues to worry about. If they are worried about them having her debit card details. I'd phone the bank and report the card as missing, then the bank with stop that card and send a new one with new numbers on it so they can't get any money out of her account.

Just remember baliffs are there to get money and they don't care about anything else. least of all upsetting people. They wouldn't do the job if they were worried about that.

I hope everything works out for them, I'm sure it will as he has a has a new contract coming up that's a light at the end of the tunnel.

LovelyLeeds

louisemarie wrote: »

Hi
He then left without taking the £50 and the wife was so distressed she forgot about it. She was having problems breathing and could not talk properly.

Your friend is obviously distressed and needs medical help.
You would get a lot more replies if your post had been concise without all the drama.
Cutting to the chase your friend owes £200 and can't pay it - that's all you needed to say really.
Get your friend to post up a statement of affairs, posters will then be able to see the facts rather than the drama - and will therefore be able to give clear and calm advice.

Jariya

I don;t have a lot in the way of advice to offer as I have never personally had CT problems.

One thing I will mention though is that I have in the past couple of years helped a friends to pay off a debt collection agency with regard to unpaid CT.
Literally all I did was be given the funds in cash by my friend and I would call and pay what he had given me from my debit card.
The last installment I paid I asked the exact balance which needed paying - I knew it was the final installment and I had been given an amount in cash but I wanted to make sure no overpayment was made.
I didn;t honestly expect the debt collectors to given me any info whatsoever as they already had me on record as only a friend.
They did provide the remaining balance to me though and I just paid that. They would have accepted the over payment though (I discovered later during the call).
I was able to give my friend back £98.

I was surprised they gave me any info as I am not the account holder and not even related.

x_Kaz_x

I'm not too knowledgable about bailiffs, but this site may give you some place to start http://www.bailiffadviceonline.co.uk/counciltax_about.htm

debtfreenewbie

If they make small payments then the account should go back to the council. The council tax is normally in joint names regardless.They obviously need proffessional help,would they be willing to go to cab or even on the phone like cccs.
I have had experience with baliffs and we all know how they can be,debt is stressfull enough without this.
I am surprised he demanded money,when we had a card through,I called the council tax people and they said in order to make an agreement they wanted a baliff to come and assess my belongings first.
My heart goes out to your friends and please let us know how they get on.....

louisemarie

LovelyLeeds wrote: »

Your friend is obviously distressed and needs medical help.
You would get a lot more replies if your post had been concise without all the drama.
Cutting to the chase your friend owes £200 and can't pay it - that's all you needed to say really.
Get your friend to post up a statement of affairs, posters will then be able to see the facts rather than the drama - and will therefore be able to give clear and calm advice.

Thank you for your reply. I am grateful for your reply.

Perhaps my post was too long but the £200 is not the issue.

I am concerned about the conduct of the bailliff when faced with someone so distressed they could not function properly to the extent of wetting themselves.

I am concerned about the breach of the Data protection act etc.
The bill is in the husbands sole name
And finally I am concerned about the lies and coersion used by the bailiff.

As for being concise I wanted all the facts to be known.It is very different when you are trying to help someone else rather than getting information for yourself.

Yes she is currently receving medical help. SHe is about the least "drama queen" person ever.

I have cleared just under £20,000 in 2 1/2 years and would be more than happy to help with a SOA .

It is the conduct of the bailiff and the possible conciquences that are the issue.

I am sorry you felt i was being overly dramatic.

LM

LovelyLeeds

louisemarie wrote: »

Thank you for your reply. I am grateful for your reply.
LM

I'm sorry that I was brusque. The husband really needs to take control of this to ease the stress from his wife. If their statement of affairs was posted up, posters would be able to see where they could (hopefully) tweak to raise the £200.
Getting outraged about the bailiff etc, is secondary right now - it is the husband who needs to take control of the situation.

DVardysShadow

LovelyLeeds wrote: »

... Getting outraged about the bailiff etc, is secondary right now - it is the husband who needs to take control of the situation.

[raises eyebrows] That sounds like a big insight into what might be the root of the overall situation

Willgetthere

The couple should provide medical evidence in respect of the wife to both the council and the bailiff company as soon as possible and ask the council to withdraw bailiff action based on the National Standards for Enforcment Agents. They will then be able to negotiate a payment arrangement direct with the council without the involvement of the bailiffs.

They could also make an official complaint to the bailiff company and the council as the bailiffs are acting as their agents.

louisemarie

I would like to say a huge thank you to everyone that has given advice and help.

To answer a few points. Firstly the husband had no idea of this till Friday and has now taken control.

Re posting a SOA I totally agree. However, I am in a difficult position with regard to this. I can't force them to post one(even though I think it would be a great idea)

What I have done is to be brutally honest about the situation I was in. I have provided them with the links to the site and told them about Martins newsletter.

As I said I have been more honest with them than I am comfortable with as I think showing them it can be done may have helped.

I have advised keeping a spending diary and told them how much of a difference it made to me in getting my "unseen" spending under control.
WHen I first came on here there was a lady called Moozie who had a what have you spent today thread that really opened my eyes.

When I started to write down everything I bought daily I was amazed at how it mounted up. Anyway, it helped me.

But whilst they are close friends I can't make them come on here.

I will talk to him tonight and I am sure that the info on here will be a Godsend. Again, thank you.

I have done what I can and hopefully it will be of some use.

It's difficult to offer any more help as I am snowed under with work(not complaining though) I can only post now as one of my clients is stuck in a tailback so I have a bit if spare time.

I am gratefull for everyone that has helped. Once again, DFW comes good. Thank God I found it. It has changed my life.

LM.