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Council Tax -bailiffs

My mum has walking possessions on a lot of things in our house as she can't afford the 2000 a year council tax bill. She is paying 125 a month to keep our stuff but I've been told unless I have a receipt for my possessions, the bailiffs can take them. It is not my debt and most of my things are gifts or have been bought through friends. How can they take my things? That's very unfair. So far I have found 4 bailiff letters and a ilst of seized goods which she never told me about. Don't you think i have a right to know living in the same house?

Is there any help with paying Council Tax and rent? She owes council tax, tv license and apparently has £507 rent arrears (I don't understand as it's only 80 a week and that's the first thing she pays).

I want to move out to get away fromt his as it's impacting me as well, being only 19 but if I go, she will be on the streets so I have no choice really but to go down with her :( I don't know how to help, i give her 150 a month for rent and have just paid 145 to stop her having to go to court. I cant afford to keep giving her money as I'm hoping to start Uni and I am saving for a new car. Also, I think I will get used if i keep giving her money but i've decided until i get the first lot back i'm not giving her anymore but my sister shouts me down to the ground saying i should help. i don't earn that much myself and i have a car to run and life to live but i dont want to see my mum on the streets. she never talks to us about it unless we offer to pay something.

How can I help and is there any way to pay off these debts?

Our house doesnt cost much but it seems council tax is taking nearly every penny mum gets, she has bills to pay etc and isn't qualified for a well paid job.
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Comments

  • Tori_Bellatrix
    Tori_Bellatrix Posts: 1,309 Forumite
    Part of the Furniture Photogenic Combo Breaker
    Is is council or private rented property? If so, your mum may be eligible for Housing Benefit / Council Tax Benefit? It's worth getting in touch with them to find out ...
    :happylove Tori Bellatrix :happylove

    .·:*¨¨*:·..·:*¨¨*:·..·:*¨¨*:·.
  • It's private rented property.She already gets housing benefit but for some reason it went down to 40 pounds last week.
  • Unfortunately, it is indeed the case that unless you can produce a receipt to prove the items are yours, once a bailiff is in the property he/she can list anything of value (barring certain exceptions like something to cook with, a kettle, bed etc) as if they belong to the debtor. There was a case on the recent run of 'Beat the Bailiff' where a guy in his 20s moved in with a friend, & bailiffs came round to show what could happen if he didn't pay his debts & bailiffs got access. His friend not only didn't owe any money, but also owned most of the stuff in the flat, but the bailiffs still listed it all. His friend was given 7 days to produce receipts, could only find some of them, so stood to lose things he'd paid for, while his friend with the debts only lost a guitar & an old playstation! :(

    Yes, you do have a right to know what's going on when you live in the same house, but maybe your mum's embarrassed or doesn't want to burden you with her problems, so don't judge her too harshly on that. :) I suggest that you speak to the housing benefits department to find out why your mum's benefit has dropped, & also get the arrears checked out. Look at your mum's budget & work out what she can realistically afford to pay her creditors, then speak to them & put forward your offer. Then ask your mum to give you the money to pay the bills each week/month - if you pay them, you know they've been paid. WP agreements aren't to be messed with, because once the bailiff has one of those, they can come back to get the items on the inventory - any items on the inventory are technically now theirs (unless you can prove they are yours, so look for the receipts) but they're allowing you to use them. Once the items are on the inventory, if you can't prove they're yours, you're not allowed to remove them from the property.
  • Maisie
    Maisie Posts: 1,343 Forumite
    Look at https://www.voa.gov.uk and see if the house is on the correct council tax banding. That applies whether it's a private house or rented. If it is higher than everyone elses in the road APPEAL.
    If she's been paying too much she might get a rebate.

    Look at the 'council tax discussion thread' for more advice.

    Maisie
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    I assume that you have checked that she is getting everything to which she is entitled?

    Go to http://entitledto.co.uk/

    i would suggest that you plug her current situation in with you living at home and if you move out.

    The other thing is that since you are an adult living in the same house, you are jointly liable for the council tax of which your share is £83.33 per month, if there are only two of you. So your £150 a month is not contributing much towards TV, rent, food, utility bills etc. Your mum may well be a lot better off if you move out.

    Another option is that you sit down with her and write down all the household expenditure for each month and divide it up by the number of people living there.
    If you've have not made a mistake, you've made nothing
  • I have only a low income and am not at home 3 days of the week. I have just paid her tv license arrears and gave her £145 last month. My dad and sister have given her a lot of money but where it has all gone, we don't know. I buy my own food and pay my own expenses etc. Bills don't seem to be the probelm, it's mainly council tax being too much for her low paid job. As for the rent arrears, nobody has any idea where they came from and as it's private rented, money goes directly into his account. We have come to an agreement about rent and tv licensing but this month she can't afford to pay the money needed for the council tax. Worse case scenario, the items on the walking possesion get taken but knowing her, she will go and buy another one to replace it as the washing machine is listed and we can't do without a washing machine so we're back to square one.

    How much is everyone else paying on Band C council tax? Regarding Mum's income (around £100 a week) I think £2000 a year is very steep. Paying to stay in the house is £320 a month leaving her with £80 for all other expenses should she pay it herself, but she doesn't seem to get much Tax credit and housing benefit.
    Also, I am no financial position to move out just yet and don't feel comfortable taking a guess that she would be "better off without me". Earning £400 a month, she would go under. She has changed jobs alot to try and find one that helps with higher pay etc but isn't qualified or experienced for anything other than cooking. (not even a proper chef job, because she isn't)
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi 662

    Rent and Council tax are set depending on the value of the house, nothing to do with how much your mum earns.

    She can get council tax benefit and housing benefit, so you need to check that she has done both by going to the entitled to site.

    As Maisie says, you can go to https://www.voa.gov.uk and find out if her house is wrongly assessed for Council tax purposes, but I am not sure that tenants can appeal this.

    It is not easy to give you advice because it is not clear exactly who is living where in your family. You have mentioned mum dad, sister and yourself but that mum owes the council tax. Of all things that really is the worst thing for her to have as a debt because the bailiffs have more rights.

    Also you need to understand that there is a mismatch between how families work and how the benefit situation works. Not so long ago, you were her dependant, she did her best to provide for you and the state would have paid child benefit, possibly child tax credits or working tax credits, housing benefits. With Council tax if only you and her were at home, she got single person tax relief and could also get council tax benefit. When you reached 18/left school, she lost the child benefit and child tax credits, and the single persons relief (if she had been entitled). When they calculate her housing benefit and council tax benefit, they assume that she in only paying part of it, because you are contibuting your half/third/quarter. So in your mind and your parents mind you are still their son who needs support. In the states mind you are another adult householder whom is expectd to contribute their share.

    The guys on this forum really help each other sort out massive debt problems. You might want to talk to your mum and get her onto this forum. It will be much easier for people to help her directly rather than you playing piggy in the middle. Also, she may find it easier to talk to people here rather than her son.

    In the meantime, go to southern scousers thread at the top, in the stickie to find out at how to do a Statement of Affairs. Also go to entitled to and have a look at Martin budget maker. There are also loads of good ideas in the Old Style forum, some of which you could implement even if your mum does not want to join in.

    Have a good weekend mean time. And when you talk to you mum, remind her how lucky she is to have son who cares about the situation.
    If you've have not made a mistake, you've made nothing
  • I'm a girl! ha ha. My dad lives away but they're still good friends, he has agreed to pay this months payment for council tax and my sister lives away but helps also as she seems to have an endless amount of money considering she doesn't even work.
    Bless her heart, she doesn't know her way around a computer and I'd rather know what she's doing, me and dad have discussed all payment sgoing through so i know it's done. she is a very proud woman and won't admit she needs help.she either struggles on her own or will pretend it's not happening. Everything i have stated i have found out by going through her things. i shouldn't have but at least some payments have been paid by me and my dad. i am unsure if she already gets council tax benefit as they have sent her another application form which she IS filling out tomorrow and sending off. It took me ages to convince her it's worth it as all they can say is no. These bailiff payments stop next month and next month's £125 is the last one so hopefully she will be back on her feet.

    Last night we discussed that rent will carry on as normal and she will speak to the landlord abvout throwing money towards the rent arrears here and there, which will be more possible after next month. He is a pretty decent guy so it shouldn't be a problem but at the end of the day he's a landlord not a friend as i've told her. We shall see.
  • Also, referring to providing receipts for the bailiffs, do they have to be official as i have a set of speakers which i bought off my best friend for 150. as i couldnt afford to pay them off at once, we made a makeshift receipt, noting what was paid and when with both our signatures and dates etc, will that count or not?
  • RAS
    RAS Posts: 35,740 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Sorry about the gender thing!

    Have been thinking about your situation over the weekend and it is not good news, although the fact that there is only one more payment to make to clear the current debt is very good news.

    Just so that you get things right for the future.

    "There was a case on the recent run of 'Beat the Bailiff' where a guy in his 20s moved in with a friend, & bailiffs came round to show what could happen if he didn't pay his debts & bailiffs got access. His friend not only didn't owe any money, but also owned most of the stuff in the flat, but the bailiffs still listed it all. His friend was given 7 days to produce receipts, could only find some of them, so stood to lose things he'd paid for, while his friend with the debts only lost a guitar & an old playstation! "

    As i said before, you are jointly liable for Council Tax. That means that the bailiffs can take any of your belongs, receipts or no, although only after they get an order on your name, thankfully.

    With respect to the £2000, you may find that this includes a lot of fees from the Debt Collection Agency as well as the original tax (they can charge for every visit and for making the walking possession order).

    How much is the Council Tax this year? The new bill will have been sent to your mum about a month ago. It does not matter how proud she is, unfortunately you are jointly liable for it and it is absolutely essential that she shares this information with you. If it is not paid, the Council could come after you for the whole lot as you are living in the same house. You need to see the Council Tax demand.

    It is quite possible that you mum has lost the right to make Council Tax payments monthly, so right now between the two of you, you will already owe the full amount of Council Tax for the new tax year with started a couple of weeks ago. You need to address that urgently, or you will be in the same mess again by Christmas.

    Whilst you are about it, just make sure that the issue with the bailiff related to last years bill (06/07), not the previous year, so that there are no nasty surprises lurking anywhere.

    i am sorry that your sister is yelling at you, but it may be that she is getting herself into debt trying to help your mother when you living there.

    if you cannot get your mother on-line, it would be a good idea if you put up an SOA for your houseold expenses so that other can help you manage the situation over the next year. It is likely to be tricky and they know the ropes.

    In the mean-time drill it into your mother's head that she never, never opens the door to the bailiff unless they have the police with them.
    If you've have not made a mistake, you've made nothing
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