Council tax bailiff help needed urgently

burbs_2

Hi

This is a long one but i need some help.

I had a phone call this evening from an ex girlfriend (mother of my first child). She lives in a flat that we used to share. She has arrears of £500 council tax from last year.

She spoke to the council last October and arranged to pay them £80 a month, then she spoke to them again in December and said this was too high an amount and that could she pay £50 a month. They agreed to this and the payments were always met, i have been assured of this and she says that she has receipts.

Today she got a letter from a bailiff telling her that a magistrates liabililty order had been issued by the court and that the bailiff would be coming to her property to remove goods which was going to cost her upwards of £300. Unless she settles the bill in the next 3 days this is what will happen.

She rang the council and told them that she had not missed a payment and they said they can see that but they were payments of only £50 when they should have been £80. She explained that they had agreed the £50 payments a month but they told her that nothing had been written on the system, although a call had been received from her in January nobody had added any notes. Her mother actually spoke to them as well to check the agreement had been accepted.

They said there was nothing they could do now as the debt had gone to a bailiff and unfortunatly she has to pay in full or face the extra charges.

When she spoke to the bailiff they were there normal unhelpful self and told her basically it was tough and that they will have to remove goods, unfortunatly for them she owns absolutly nothing in the flat. I own everything from the fridge to the TVs in every room.

What should she do now? Try the councuil again? They say they sent her letters advising her that they were sending her case to the bailiff but they have not been received at her house so basically they have made no contact and just sent it staright to the bailiff.

any help would be great

rchddap1

Well, for a start if the baliffs do come round she should tell them what belongs to you. If it is yours (and if you can provide proof if the baliffs ask for it) then they cannot take it to cover her debt.

AuntyJean

My friend had a similar situation where she owed over £2,000.

When the bailif arrived (by appointment) she invited him in and explained that she could not afford to pay. He advised her to let the council take her to court and to be as honest as possible about what she could afford to pay and to show all her other commitments.

He did not take any of her goods in lieu of arrears and she did what he suggested. She offered to pay £100 per month (in addition to keeping up with her current council tax) but the court knocked £1,000 off her arrears and told her she should pay only £50 per month off the arrears!

In this instance the bailiff was helpful but I don't know if they are all like this!

Debt_Free_Chick

BAILIFFS HAVE NO RIGHT OF ENTRY TO YOUR HOME - DO NOT LET THEM IN!!

Read this very carefully and do exactly what it suggests

http://www.nationaldebtline.co.uk/england_factsheets/factsheet_02.php3

burbs_2

thanks for all the help. i can pay the bill today but the only problem is the new girlfriend wont be too happy and i know that my ex has a number of bills outstanding and no doubt she will want the same done for every debt.

thanks all

Luis

Firstly, to echo Dect_Free_Chick - OMG DON'T LET THEM IN!!!

Secondly - without meaning to seem harsh - why do you have to sort out your EX-girlfriend's debt problems? Presumably you pay towards the maintenance of the child, and I would argue that this is all the responsibilty you have to her? If the arrears cover a period of time in which you were there - again presumably you had made payments to her that covered the CT and she should have paid it? If not, then offer her half the amount (ie to cover when you were there).

Otherwise, as you say, you run the risk of bailing her out frequently. Maybe you should point hr in the direction of Debtline etc?

burbs_2

thanx luis, i know i should not have to bail her out and yes i pay maintenance and the bills are none of my responsibility. The reason i said it was obviously because i dont want the bailiffs at her house panicking my daughter and all of that. I am not going to pay it as i dont want her too think its going to be that easy.

loobyloo1980

hi burbs, whilst I agree with the previous posters saying it is not your responsibility, I would just like to comment that I think it makes a refreshing change to hear from a guy who cares about what happens with ex and child!!!

My ex would laugh if I got in trouble like that, whether it would be detrimental to his child or not. You should be proud of yourself for being such a caring and compassionate individual. Point her in the right directions, give her the advice and reassurance that she needs, but make it clear you cannot bail her out.

I would be terrified if bailiffs came knocking on my door. Dig out any receipts you still have for your goods just in case, as I'm not sure they will just take her word for it. I remember watching a TV show called bailiffs once and sometimes if it is clear you have nothing to take to cover the debt they send it back to the council to deal with. That way it goes through court if the council are that hell bent on getting it back. Court wouln't take much from a single parent and if she explained the mix up they would be even more lenient I am sure.

Good luck with it