Friend's council tax debt

kelbag_2

Hi,

I'm after a bit of advice if at all possible on 2 questions.

First of all, a friend of mine is using my address as a correspondence address for his mail. I'm off sick today and got a knock at the door from Marstons saying my friend had a liability for council tax and was he there? I said no, I just received mail for him and he had no other link to the property. The bailiff then asked for my name which I refused to give, he said to me so you're refusing to give your details? I said yes that's right it's nothing to do with me.

He said that if I refused to give my details then I would continue to get harassed and he wouldn't be able to stop further visits. I said that's fine as my friend didn't have anything here anyway. Is that right that they will continue to visit and I can't stop them? Also was I right to refuse my details?

The second question is on behalf of my friend, I've had a chat with him and he knows about the debts and has tried to sort things out but as he's on a very low income (has about £20 a week for food after rent and bills) he fell behind. He hasn't been taken to court or had a court summons but can the council appoint Marston's without a court order? He's panicking now but doesn't know where he stands legally. Can he go back to the council with an offer of £5 a week and get them to call off Marston's?

Tixy

The council will have a liability order for the debt (he won't have been asked to attend court but will have been sent a letter regarding the court order).

In some cases councils will take back a debt from a bailiff and deal with it themselves, usually if the debtor is classed as vulnerable in some way, and subject to agreeing to a repayment plan.

Where is your friend actually living? why is he using your address and can he switch to using his actual address?

Does your friend have other debts he is struggling with? it may be worth you suggesting he contacts one of the debt advice charities for some advice on his situation and what options may be suitable for him?

fatpiggy

He must contact the council immediately. I don't think they appoint debt collectors until after the letter taking you to court has been delivered. I wouldn't worry about them knocking on your door - if you are normally at work you won't be there to answer the door!

£20 a week for food is double what I had to spend and I did it for 15 years. £10 bought a hell of a lot more in 1998 than it did in 2012. I didn't starve or eat unhealthily. Help your friend to shop wisely.

kelbag_2

Tixy he's moving around a bit staying with friends when he can, he also got into arrears on his rent and just walked out of the house because he couldn't deal with all the stress.
The background is that he lost 2 sons over a couple of years, one who was 7 and died of meningitis and one who was 45 minutes old and had a breathing problem.
He also lost his gran who brought him up and a very close friend then his marriage failed.
He went to pieces and lost it. Started drinking etc and made a few bad choices hence now why he's in debt. He ended up in hospital after a heart attack brought on by stress and ran from everything.

He's recovering now with support, he's stopped drinking and starting to deal with life.

He knows he has to face up to things but I'm worried that if they push him too hard his recovery will fail and he'll end up in hospital again.

I've asked him about the letter but he says he hasn't had anything. I suppose it could have been sent to his old address but as he had his meltdown over a year ago he wouldn't have got it.

Tixy

If he also has rent arrears and other debts then he definitely needs to speak to one of the debt advice charities.
They'll be able to help him and perhaps may suggest a debt relief order could be appropriate. And if he did go down such a route then sooner he does that the sooner the debt collectors/bailiffs will stop hassling him.

IMPORTANT - Where to seek professional impartial advice about your debts.

National_Debtline

Hello there,

Sorry to learn about your friends situation, they are more than welcome to give us a call to get advice and support.

Firstly, do not let the bailiffs into your property, keep your doors and windows locked. Bailiffs can't break into your property unless you have let them in before and they have 'taken control' of your goods.

At the moment the bailiff thinks your friend lives with you, what you may have to do is get proof that he doesn't live there and that it is only a care of address. You can also obtain a statutory declaration (sworn statement) which explains that your friend doesn't live there. You can get this from some county courts or from a solicitor, they may charge a small fee. The bailiff has to abide by the declaration.

On the face of it, a Debt Relief Order (DRO) could be a great option for your friend. For further infomation here's a link to our DRO fact sheet.

Here is also our council tax recovery fact sheet.

If there is anything else we can do, please feel free to either ask further questions on here or give us a call: 0808 808 4000.

Best wishes,

Shule @natdebtline

When_the_going_gets_tough

As your friend is vulnerable you may be able to help him find a face to face debt advice service who could help him through this process and help him to move on with his life.