Baliffs

shak

I do not have a lot of information regarding this as I have been kept in the dark for most so please bear with me.

My parents at present seem to be going through a bit of a fincianial crisis with bills coming in and their ability not to pay. The problem is that my father knows about everything and will not tell anyone wha is going on including my mother and he is too proud. I have tried for ages to just and get this sort but ot no avail.

Anyway what has happened recently is that they may have been falling behind on their council tax payments and the council had threatened to bring baliffs. As all the bills are in my father's name, the council will only talk to him. They only way my mother found this out was buy opening some of his mail, which I know she shouldn;t but that is a different story. She has somehow managed to pay the monies due to the council tax recently but this
morning what has happened is some baliffs have turned up at my parents door step. With my mother being on her own there tis monring she is scared and does not know what to do. SHe has explained to them that she has paid and does not understand why they are there. They have told her that they have beenin structed by the council as such all monies due are to be sent to them and not council. AS this is there second visit(??) they want to £200.

Mother is now try to get this money together but they are not rich people as this would be an additional burden for her as my father seems to take no interest and I feel is just trying to hid awa from everything andhope it will go away.

My question is doe she have to pay this money even though she may have cleared the outstanding bill with the council.

I will try and get more info on there current situation as soon as I can but I have tried for over a year now with my father without much success.

Thanks for any and all assistance.

Shak

oscar52

Unless the bailiffs have a court order they cannot enter the property, cannot take possessions and cannot demand money. I expect someone with more knowledge can advise better when they see this.

plumduff-2

Hi,

You need to read through a booklet which National Debtline produce on their website called bailiffs & council tax (or vice-versa)...

The big Q is - did your Mum let the !!!!!!s in..?

If she didnt and they have never been in - then they can only add statutory charges to the account - which are around £38 per account they are collecting...

If they have been in then they can add for a van visit which is usually around £100.. so you need to find this info out immediately..

If she didnt let them in you need to inform her NOT TO...! EVER !!

She has no obligation to let them in and no obligation to talk to them... I would suggest not even opening the door to them cos they can and will put their foot in the door and as I said, if they get in then the fees go through the roof...

Secondly - on monday morning she needs to contact the CT unit about this... she may not have her name on the bills but she is joint and severally liable for them as she lives in the property - unless she receives benefits...

If they still will not talk to her... phone your local councillor or MP and ask them to intervene..

One thing the council should do in their guidelines, is not send accounts to the bailiffs where the occupier is vulnerable - so if a pensioner, if on disability benefits etc... Is this the case..?

Could they look at collecting by another method - ie - attachment of earnings or benefits..? BSO/DD... etc...

Let me know a bit more info and I may be able to give more advice...

oscar52

plumduff-2 wrote:

Could they look at collecting by another method - ie - attachment of earnings or benefits..? BSO/DD... etc...
QUOTE]

Not entirely sure about this - but can you have an attachment of earnings placed on benefits?

shak

She has not let them in ever. She has said that there has been letter where they have visited the house but no one has been there and they have left message they will return in 24 hrs. However this is the first time anyone has spoken to them.

She has been told to ring them when she has the money for them to come rounf admin charges ithink ie £200.

My mother is just thinking of paying them this as she does not want to have van parked outside the house. My mother is not a pensioner but my father would be.

Thanks again any if I have missed anything please let me know.

shak

Donedoingdebt

Firstly I would contact the Council to whom your Mum paid the outstanding arrears, just to make sure that they are actually up to date. If the council agrees that payment has been accepted & the account is now in order, then clearly they've accepted her payment direct to them & therefore you owe this firm of Bailiffs nothing. Then explain to them the problem that you're having with the Bailiff & that you expect the Council to instruct them immediately to stop calling & demanding money from you. Get the names of the people you speak to & follow everything up in writing. If & when the Bailiffs call again, tell them that the Council has accepted your payment & that they should now liase directly with the Council & that any further communication that you receive from them will merely be forwarded on to the Council & ignored by yourself. As stated earlier, do not them in your house.,

OberonSH

If she's paid some off, then even if they had a court order the amount would differ from the actual account, and therefore they wouldn't be able to enforce it without going back to court.

I wouldn;t dream of paying the £200 'admin' fee. She should ask them for proof that these visits occurred.

If it's rossendales (and it soudns like them)then I'm currently going through a solicitor for a similar situation - they have added on charges for visits that never occurred, have refused to show warrants and generally been very unpleasant.

Your mum needs to get armed with some facts from CAB and then not panic. These people rely on panic to get paid. And these 'admin fees'? Mostly put on by the bailiffs themselves as their commission. Don;t pay anything til you have it in writing.

shak

AS my mother cannot call the council today as it is shut she will not be able to call thenm today. I take it then that she should not call the baliffs early to pay the £200. I think she just does not want them to come round unexpected

needaspirin

I agree with everything Plumduff has said. Your Mum should take all her paperwork to the CAB who can ask the bailiffs for a breakdown of the charges. However as the bill is in Dad's name she would need his signature on a note authorising her to act on his behalf. Bailiffs fees in council tax arrears cases, for each liability order where no levy is made, is £22.50 for the first or only visit, and £16.50 for a second visit. No charge can be made for subsequent visits.

Donedoingdebt

Do not call the Bailiffs early & offer any money. Wait until Monday until you've spoken to the Council. Do not let any Bailiffs in if indeed they do call & tell them you will not enter into any further communication until you've spoken to the Council and the CAB as mentioned earlier.

OberonSH

needasprin - that's interesting, as rossendales are trying to charge me nearly 100 quid for 3 'visits' none of which I have evidence of. Interesting to see they have a capped charge...