URGENT! Income Support/Housing Benefit/Council Tax/Bailiff.

moosticks

I really don't know if this is the right forum to be posting in, but I'm confused and any advice would be appreciated. I apologise in advance for the long post.

A couple of years ago I was living in a shared two bedroom flat. I was seeking work and on JSA when I moved in, but then became very ill and deemed too ill to work so my benefits were moved to income support. The whole time I resided in this property (4 months) I was in receipt of housing benefits, and thus, council tax benefit.

My housemate was in employment. He spent all of his money on weed. He didn't pay his rent, he didn't pay the bills, so unsurprisingly, he didn't pay his council tax. He sponged off his girlfriend and when due to various housing breaches we terminated our contract early because the property was deemed uninhabitable, he moved in with her and seemingly disappeared off the Council's radar.

Meanwhile, I moved house and informed the council as I was still entitled to benefits. They began chasing me for the outstanding debt, owed by my housemate. I went in to their offices to explain that I was exempt for the period of time they were requesting council tax, but they told me that it did't matter and that I was liable in the case that it went unpaid. Well, being unwell (which it later turned out was due to severe pregnancy sickness which lasted the entire nine and a half months) and out of work, I had no money. My partner worked away and frankly, I wasn't going to ask him to pay more debts for a man whom had already ripped him off for £400. I had just lost my security deposit which my partner had paid because my housemate didn't pay his rent the whole time I was living in the property (it was a joint tenancy, a whole other debate).

So the council started deducting it from my benefits. Which was £50/week, barely enough to survive. Luckily I was so ill I could barely eat anyway.

Now, two and a half years later, my partner and I have moved with our daughter to a new county. I am no longer in receipt of benefits.

This morning, a bailiff turned up at my door. He didn't know how or why he had this address, but he had me and my ex-housemate down as a couple. My now fiance first said I wasn't here. But then I came downstairs with the baby (woops), so he explained the situation. The guy has given us a number to call if we can ascertain the the surname of the girlfriend, but we've got a Goods Removal Notice saying if we don't pay the full outstanding amount by September 1st then they will come back with a Goods Removal Contractor to take our stuff.

Everything is in my fiance's name and we have receipts to prove it. Does this mean they can't take any of this stuff? Everything beyond that are things like beds. My baby's cot/pushchair. There is my laptop, too. Can they legally take that or does personal data on it hinder them from being able to cease it?

What are my legal rights here? I've already paid off half the debt out of my benefits, it doesn't seem at all right that they are now chasing me for a debt I never owed and are threatening to come into my home days before my baby's 1st birthday to take our possessions. What can I about this?

Any help is gratefully received, thanks.

hallowitch

did you let the bailiff into your home

do YOU (not your partner ) own a car

moosticks

Nope. He stood on the door step. And nope, no car.

peainapod

First of all don't let the bailiff in, don't leave any door unlocked or any window open.
I'm not sure but someone I knew was in a similar situation and they had to pay the council tax, I know it seems daft but there's some stupid rule in their book that makes you liable. I'm not 100% mind this was a long time ago lol
I'm sure plenty more people with better advice will be along soon so don't panic yet Good luck with it all

Mimi_Arc_en_ciel

If the council deducted the debt from your benefit how much of it did you clear?

the baliff CANNOT force entry into a house WITHOUT a court order - he will threaten and intimidate you to try and gain you to "let" him in. DONT FALL FOR IT.

Send the baliff company a "prove it" letter - go on to the Debt free board - they will have one. You will then see how much charges the baliff's have added.

DO NOT SPEAK TO THE BALIFF OR THE BALIFF COMPANY AT ALL AND DEMAN EVERYTHING IN WRITING <<< VERY VERY IMPORTANT AND NEVER EVER SIGN ANYTHING (Not even your name at the end of a letter)

Mimi_Arc_en_ciel

P.S - it ISNT up to you to prove you DONT owe the debt - its up to the baliff to prove you DO

hallowitch

you need to establish some facts from the council

the period of the liable year the debt relates to ?

when a local authority takes a person to court (if they are not aware you have moved or they haven't updated there records) the liability order is granted for the remainder of the financial tax year


the amount outstanding that has been passed to the bailiffs ?


Never believe what a bailiff tells you and never speak to them on the phone unless you can record the call if you can record the conversation that takes place on the door step even better)

What charges have been added to the debt to date ?

as said do not allow the bailiff entry to your home regardless of what is said he cant get a locksmith,police, warrant for your arrest,

if he need to use your loo phone the office or is having a hart attack tough its a ploy to gain entry


council tax is a joint and several debt as you were unemployed I'm not sure if you would still be liable there is a poster CIS who works in council tax recovery and I'm sure she will be be able to answer that for you

moosticks

Mimi_Arc_en_ciel wrote: »

If the council deducted the debt from your benefit how much of it did you clear?

I'm not sure of the exact amount. Roughly half, I believe. I have letters somewhere, I'll dig them out when the baby's in bed!

DO NOT SPEAK TO THE BALIFF OR THE BALIFF COMPANY AT ALL AND DEMAN EVERYTHING IN WRITING <<< VERY VERY IMPORTANT AND NEVER EVER SIGN ANYTHING (Not even your name at the end of a letter)

My fiance spoke to the guy on the doorstep this morning. Not entirely sure what he said, but will ask him later. Does this matter or can they only use what *I* say?

moosticks

hallowitch wrote: »

as said do not allow the bailiff entry to your home regardless of what is said he cant get a locksmith,police, warrant for your arrest,

Under what circumstances can a bailiff enter my home (other than me granting access)? And can they take anything they want? Stuff that doesn't belong to me?

moosticks

Thanks everyone for your help so far.

RAS

moosticks wrote: »

A couple of years ago I was living in a shared two bedroom flat. I was seeking work and on JSA when I moved in, but then became very ill and deemed too ill to work so my benefits were moved to income support. The whole time I resided in this property (4 months) I was in receipt of housing benefits, and thus, council tax benefit.

You may have been eligible for council tax benefit but did you actually apply for it?

Ring the Council and ask for the period listed on the liability order. NOW.

And check whether they had your CTB application?