Council tax bailiff coming back Thursday for money i cant afford!

missyat1986

I am so stressed out and worried, a bailiff came to our home and has said I must pay £420 by Thursday (half the debt) and then the next £420 by the 16th June to stop them seizing our goods. I have phoned stepchange debt charity but cant get an appointment with a debt advisor until next weds, what do I do? Do I phone the bailiff and explain?
I have tried asking for longer, or to sort out a repayment plan, but she has refused saying 'its not my problem.' I asked what would happen if we cannot find the money by Thursday and she replied we would probably get a custodial sentence.
When speaking to the step change advisor, she said it was a possibility. Im so worried!

The original debt was for £520 it is now at £840! I have three young children, the youngest being 6 months. I am a sahm and my partner works. Iv been in and out of hospital because of tension headaches, the stress of trying to find this money is making them worse! And my partner has been on sick for the past 3 weeks.
I have explained all this to the bailiff, but she has no sympathy.

I have just sat down and worked out our outgoings when OH gets paid, and after essentials we are left with £190 for the month.

PLEASE HELP

oldsmokie

Did the bailiff enter your property and did you sign anything when they visited?

fatbelly

missyat1986 wrote: »

I asked what would happen if we cannot find the money by Thursday and she replied we would probably get a custodial sentence.
When speaking to the step change advisor, she said it was a possibility. Im so worried!

Stop worrying. It is a theoretical possibility if a court found you were 'wilfully refusing' or in 'culpable neglect'. Those who are trying to pay don't get jailed, and you are nowhere near that part of the process anyway. You just have an intimidating bailiff.

Whether she has any right to force entry next time will depend on the answer to that last question.

FireWyrm

Bumpity bump...

pauletruth

very important did they come in the first time.

missyat1986

Sorry about the late reply. No she hasn't been in the house, she didn't even knock she just posted a letter both times she has visited.
And I haven't signed anything at all.

[Deleted User]

She's only doing her job I suppose but she sounds like a right !!!!!!

I'm far from an expert but as far as I'm aware, if you haven't let her in and haven't signed anything then she can't force entry. A balif can, however, gain 'peaceful entry' to your house. This means that they can walk straight in an unlocked door or window, they are also allowed to climb over fences and gates but they are not allowed to break anything. They can be sneaky !!!!ers though!

They may attempt to gain 'peaceful entry' by simply walking past you when you open the door (they can't push you out of the way though) or they may try and trick you by saying something like "shall we discuss this inside?" or even asking to use your toilet. Don't let them as you are effectively granting them permission to enter, they're kinda like vampires in this way!

I know it must be scary but the whole custodial sentence thing is very very unlikely so long as you make it clear that you are willing to pay but just unable to do so all at once.

My advice, turn your home into a fort on Thursday. Make sure all windows and doors are locked and I probably wouldn't even answer the door if they come. There is a (small) chance that they might have a police officer with them. He or she will simply be there in case of trouble and their presence changes nothing - if anything it will prevent the baliff from overstepping their limited authority. You don't have to let a police officer into your house either and they cannot come in without your permission unless they have a warrant (which they won't have).

In the meantime, call your council and ask them (politely) to call their dogs off(maybe don't use the word dogs!). Make it clear that you are willing to pay when you can. Make them clear of your circumstances (kids and illness) and it probably won't do any hard to point out that the bailiff you spoke to is at the very least not telling the whole truth about court etc.

REMEMBER: They will lie and try to trick you to gain entry to the house and once they are in they can take stuff. So long as you don't let them in (or allow them to get in) then you should be ok. Ultimately though you will have to pay as they can eventually get a warrant to force entry but you are a long way away from that. Speak to your council and see if they will set up some kind of payment plan.

Good luck.

Willgetthere

I would agree with the above advice in relation to refusing the bailiffs entry etc.

If you have medical problems you can ask for bailiff action to be withdrawn under the National Standards for Enforcement agents on the basis that you are vulnerable due to your health problems. I would contact the council in the morning, advise them of you health problems and ask them to place a hold on the bailiff action to give you time to provide them with any medical evidence you can, even copies of the labels of any medication you are taking. You can also contact the bailiff company and ask them to do the same thing.

If you are able to get the bailiff action withdrawn most likely the bailiffs charges will be removed and the debt will go down to the original amount. You will then need to negotiate a payment arrangement with the council or they can also consider applying for an attachment of earnings off your partner's wages.

fatbelly

I agree with the above. If the bailiff can't get access to your goods (if you have a car, park it elsewhere for now) then the fees are limited to the two visits - £42.50. And they can't force entry on a subsequent visit.

If this is joint council tax with your partner, then an attachment to earnings isn't a bad option, as the money is taken on a sliding scale depending on how much they earn each month. For low wages it's a 3% deduction. The council are happy as they know that money is coming in, and you are free from the bailiff's intimidation tactics.

It would be nice if councils viewed bailiffs as a last option rather than the first option.

pauletruth

yes its daft making a debtor more in debt to get their money when an attachment is much more pain free. if the debtor then fails to cough up then the sharks should be released.

yet is this going to happen no why because half the admin of the council tax is done by the same firm that employs the sharks.

missyat1986

Firstly, thank you all so very much for replying.

I have phoned the council, to find out how much the original debt was, and whilst on the phone I asked if it Would be possible to set up a payment plan and she said no because it's now up to the bailiff, and that it was out of their hands, is this not right then?

Thanks guys!