Bailiffs advice please - urgent!

zoecx

Hi

We received notification through the door to say that Bristow and Sutor would be calling recalling unpaid Council Tax dating back to 2007-08. The Bailiff called at the house on Friday evening. He didn't state his name of who he was calling on behalf of - I guessed he was a Bailiff, lucky as my husband was a little slower on the uptake and nearly let him in!

My husband told the Bailiff that yes, it was my car parked outside the house and signed a Walking Possession order on the basis that we would need to make a payment arrangement with Bristow and Sutor within 5 days. We asked for a copy of the order with all the details on it but he told us he wasn't allowed to let us have it (???)

I rang B and S today and went through some details regarding income and expenditure ( Hubby works, I am a full time housewife/carer), they even asked me to give details of my disabled sons medical condition!! The lady on the phone then said Northampton Borough Council's guidance said that the debt had to be paid within 6 months at the most and asked for £317 a month - there i no way on earth we can afford this! I said I would need to speak to my husband and was told I need to ring back before wednesday close of business.

I now have no idea what to do, as my husband commited a cardinal sin by admitting it was my car and signing a walking possession order surely they can just refuse any offer we make for repayment and just take my car?

Is there anything at all we an do to get them to agree to a payment plan we an actually afford?

My sons go to school in a village 8 miles away (we live in a very rural area) and there is no bus service there so without the car they can't attend school. Our youngest son has severe medical issues too and without transport I am unable to attend the hospital.

I think I'm grasping at straws a bit but does anyone have any helpful advice?

Zoe

I contacted

HappyMJ

What is the car worth? If it isn't worth much they won't take it.

They don't have to agree to any payment arrangement. If you don't pay they will remove the car or return the debt to the council.

The council are more lenient when it comes to collecting old debts. They can apply for an attachment of earnings order to take a small amount from your wages or they can (very rarely) ask for committal if they feel you have the money and are refusing to pay but if you go along to the court and explain you have no money and you feel you have already offered a reasonable amount then nothing further will happen.

RAS

Do you still live in the same Council area?

If so, get hold of your local councillor and try and get them to negotiate a recall on the grounds of the need for your car.

For the future, hubby need to understand that letting the bailiff in the house and signing a levy on the car equally disasterous.

Not only will they take the car but they will add a lot of fees to the debt.

If you can get the debt recalled, please come back as we may be able to help you reduce the fees.

Constant_Gardener

For general info on bailiffs including the link to fact sheet (that may be useful to print out and keep handy) have a look at this:
http://www.adviceguide.org.uk/england/search.htm?query=bailiffs

zoecx

I have just logged onto the B and S website and it is showing the amount owed as £874.38 not the £1899.8 listed on the paperwork which is odd.

As far as I can see the Bailiff in question acted against the Code of Practice that B and S say they adhere to by not telling us clearly that he was a Bailiff, not providing us with a copy of his authorisation or his ID - we have no record of his name anywhere as he wouldn't give it to us when we asked.

As our son is disabled and I need the car to allow the children to attend school and hospital I think I can possibly argue that we are vulnerable and that the removal of the car would contravene the children's right to an education and healthcare. I will ring the council first thing.

Would it be too late to apply to the court to have the warrant suspended? We are happy to make an arrangement to pay but the amount they are asking for would mean we couldn't actually eat or heat the house - again surely contravening human rights?