bailiffs called help please

jules_1015

hi all

just need a little help my mother has fallen behind with her council tax and has had a liability order served and now has the bailiffs dealing with her she owes £1500 in council tax for this yr and a little from last yr they called to the house and she let them in as they said they were there to set up a payment plan with her but they just wrote out a walkin order listed a few items on there btw which she hasn't signed the walkin order the bailiff was getting very nasty when she said she couldn't pay the amount he wanted which was £306 a month but she could pay £200 a month but he got nasty and said its that amount or im taking the goods listed as he was getting nasty i told him to leave her house as he was getting nasty and abusive to her we have been to the council to see if thwey would exect her payment plan instead of paying the bailiff but they just said no is there anything else she can do as being on minimum wage she just can afford the amount requested by the bailiff. its not that she is refusing to pay it just cant afford the amount given by the bailiffs any help with this matter would be grateful

SnowMan

Your mother needs to seek help from one of the free debt charities here.

They will help her fill in an income and expenditure form detailing all her money coming in or money going out. That will enable a financial statement to be drawn up to identify what money she has available to pay back the council tax owed. If that financial statement is then sent to the council they should then agree an affordable repayment plan.

Seeking advice from a free debt advice charity should mean that the free debt advice charity are able to contact the bailiffs now to put a temporary hold on further enforcement action, because your mother is seeking advice, to enable time for the financial statement to be drawn up.

If you want to start work on identifying your mother's income and expenditure have a look at the SOA calculator in this post

Good luck

Cherryjack

arnt they horrible.. im terrified of ever falling behind with council tax .. as they are a priority bill it must be paid first.. before credit cards etc, as the council have power to do this and credit card companys dont.

Get her to call CCCs (consumer credit).. asap..

dancingfairy

O.k is the amount she owes correct? Has she been gettting single person discount (if appropriate) or any help with council tax benefit etc is she qualifies?
Secondly letting the bailiffs in was exactly the wrong thing to do as sadly they can now charge lots more extra fees and can come back and take the goods
I would start by having a look on National Debtlines website for a schedule of fees that can be charged and to see what it says about repayment plans.
It might also be worth phoning bailiffadviceonline (I know it's expensive) but they will be able to tell you whether the levy the bailiff has done is valid or not - this will therefore affect the fees charged etc.
Is your mum vulnerable for any reason - disabled or anything as then the council may have to help her more under the vulnerable persons rules.
Best of Luck
df

dancingfairy

Indeed if you mother is paying any other debts that are not priorities - such as credit cards, unsecured loans etc then she may well be better to send them small token payments (as low as 1 pound each) in order to get the council tax debt sorted first. The debt charities can advise further with this.
Another route to explore is depending on your mothers assets etc is whether she will qualify for a DRO or anything to get the debts written off if she has no assets etc.
df

CIS

Another route to explore is depending on your mothers assets etc is whether she will qualify for a DRO or anything to get the debts written off if she has no assets etc.
df

We have been advised that once a levy has taken place the debt cannot be covered in a DRO as it has become secured.

hallowitch

exactly what goods has the bailiff written on notice of seizure (walking possession agreement)
exactly what charges has the bailiff put on the notice of seizure(s)

as there is more than one liability order can you tell me if they left 2 of the above notices listing the same goods twice



have a look on this link is the bailiff certificated to the firm he is collecting for (what bailiff firm is it )www.hmcourts-service.gov.uk/CertificatedBailiffs/

Willgetthere

A council tax debt can still be included in a DRO even if there is a valid walking possession agreement in place. As the bailiff has had peaceable entry into the property he can return to force entry to remove the good which he has levied on.

If your mother has any health problems or disabilities or is vulnerable due to old age, you should provide written evidence of this to the council and bailiff company and request that bailiff action is withdrawn under the National Standards for Enforcement agents. If she is in receipt of benefits a direct deduction can be taken from her benefits or if working, an attachment of earnings can be taken.