bailiff problems need help fast!

scrookes

Hi, not sure if I'm doing this right but here goes. So I have a bailiff that keeps attending regarding council tax. I haven't let him in my property. I've called the council to request my debt be transferred and they refused. I had an agreement set up to pay£15 p/w but faltered over Christmas due to my partner not having any work so we had no money. I've contacted rossendales vis email to ask if we can reinstate this but had no response as of yet. So I called the bailiff to make him an offer of repayment but I'm really worried he won't accept. He said he's calling me back later on and I'm scared be may come back to my house even though I've requested him not too. Can anyone offer me some advise for when he calls back? Thanks in advance x

Tixy

Was the £15pw being paid to rossendales not the council? How was that being paid?

Don't agree for him to come to your house to sort out a new repayment plan.
If he says he will attend make it clear that you will not give him access to the house.

How much is the debt? How long is it going to take you to clear it at £15 pw?

This factsheet may be useful https://www.nationaldebtline.org/EW/factsheets/Pages/02%20EW%20Council%20tax%20recovery/Default.aspx

ampersand

op - well dome for finding mse:-)

Forgive me if I am wrong in suspecting there are other money problems.
I strongly suggest you phone CAPuk, as in my signature[one of Martin's recommended debt charities].

https://capuk.org/

They are brilliant at what they do - and reputable award winners.
Tell them straight away that bailiffs have been and repeat visits are threatened.

Then, when any bailiff returns, if you must acknowledge their presence[don''t let them in]you can advise that your finances are now under capuk's control. They are the people to contact now.

There is hope: capuk are on 01274 760720.
#
also -
Dealing With Bailiffs For The First Time[I realise you are beyond this now, but info.]
http://www.legalbeagles.info/forums/...The-First-Time

Council Tax
http://www.legalbeagles.info/forums/...67-Council-Tax

http://www.bailiffhelpforum.co.uk/viewforum.php?f=3

and right up to date re: Rossendales -
http://www.counciltaxadvisors.co.uk/blog/the-role-of-a-rossendales-bailiff-enforcement-agent-when-collecting-council-tax/

scrookes

I was paying the £15p/w to rossendales using pay point. They were happy with this and said that the time scale to pay off was about 18 months and that would be fine. I so worried about him phoning later a refusing to accept I don't know what to do if he doesn't accept. I made it crystal clear he would not gain entry into my property and requested he didn't come back to which he said that I cannot ask that. We've been in touch with step change previous and I think we will contact them again soon. We got on top of our debts then boom this one appears. I was advised that we got council tax benefit one day then another occasion told we didn't so this is where the debt has come from. The council have been wholly unhelpful and I'm still awaiting a response from rossendales. Thank you for replying!

ampersand

'We've been in touch with step change previous and I think we will contact them again soon.'
#
Do it now scrookes - it's not an optional extra and you don't have time to play 'perhaps' or 'maybe'. The sooner you seek expert help, the sooner things will improve.

'We got on top of our debts then boom this one appears. '
That tells me some money management skills would be handy to keep on top of expected or overlooked or unexpected or forgotten nasties....

'I was advised that we got council tax benefit one day then another occasion told we didn't so this is where the debt has come from.'

These situations will always come along. It's the nature of Life. CAPUK, Stepchange or a specialist Benefits Advisor at CAB can look into this and see whether or not it was justified. You need to understand it too.

Don't explain any more here. Phone one of those helpline no's now.
Find your nearest CAB:
http://www.citizensadvice.org.uk/

National_Debtline

Hi Scrookes,

It can be difficult to negotiate with bailiffs, especially if a payment plan has been broken once before. I understand that you are trying to set a payment plan up as soon as possible and that is why you have called them, unfortunately, telephone negotiations are rarely successful. So if, when you speak to the bailiff later, they refuse your payment plan/ insist on larger instalments than what you can afford, don’t be too discouraged, this is quite common. If they will not discuss your affordability in a reasonable way, you may have to end the call.

If this happens, try not to worry. Whilst you cannot stop the bailiff visiting you, you can take precautions to protect your home and assets, of which you seem quite aware. Just to clarify, as long as they haven’t been inside your home before, they can only enter through open or unlocked access or if you invite them in. So if you keep your home locked and secure and do not let them in, there is no more they can do. You would also need to protect any assets that you have outside your home, such as vehicles, by hiding them away from the house.

They are only able to charge one enforcement fee of £235 even if they visit several times so the debt shouldn’t increase (as long as they don’t gain entry). You can continue to try and negotiate with them in writing/ email as you have been doing. Make sure to send them your SOA when you do negotiate so they can see how you have calculated their offer. If they still refuse, then save the money to one side at home until you have enough.

We also have a factsheet available on our website that may help you that Tixy has already linked to - https://www.nationaldebtline.org/EW/factsheets/Pages/02 EW Council tax recovery/Default.aspx

Laura
@natdebtline

scrookes

Thank you Laura for your advise. I always keep my doors locked and windows as I am alone for the majority of the time as my partner works. I've read somewhere about vulnerable people and just wanted a bit of clarification. I'm unemployed myself and my partner has a history of depression would this make us 'vulnerable' and if so what does the consequences of this involve?

Ampersand- i am aware these debt charities are not optional extras as you worded it. We are on top of everything and this one, as I say came unexpected and I'm pretty sure most household wouldn't have the amount of money disposable to just pay this off; if I was in the situation to do so I would have in the first place and avoided any if this happeneing.

National_Debtline

Hello again,

Unfortunately, there is no official definition of “vulnerable” that I am able to offer you. Each council may have their own definition that they use, but there is not one overall definition at this stage. However, if you believe that you maybe a vulnerable household you can write to the council and ask them to recall the debt from the bailiffs on that basis. You should do this in writing and enclose details/ proof of the reason that you feel you are vulnerable (perhaps a letter from a medical professional, if you are comfortable with that).

It is at the council’s discretion whether or not to do this but if they refuse and you are unhappy about why they have refused, then you can escalate the matter to the Local Government Ombudsman. You can also send a copy of this letter to the bailiffs so that they are aware of your situation and they should take this into consideration when dealing with you.

I hope that helps give you a little more clarification on the situation,

Laura
@natdebtline

ampersand

I wish you well.

NICHOLAS_2

I had my council tax passed to a debt collector, probably nearly a year ago now. I have never acknowledged the bailiffs contacts at all, or let them in. I've never paid them a penny.

I rang the council and asked them to take the debt back but they wouldn't, they must have stopped doing it.

I can afford to pay the debt, 600 to the council but i do not wish to pay the 300 and odd quid the bailiffs put on it.

My understanding is when the debt gets passed back to the council you can agree to have it spread over future council tax payments and the bailiff fee's are not passed to the council, the bailiffs have to chase you for that money.

If you let them into your home they levy your goods and i think it adds a further 145 quid to your bailiff fees which is why they often want to get in.

I paid my current years council tax off early because they sent a letter demanding the full years amount as i had paid them late, and added a bloody liability order to the cost too.

I blame maggie thatcher.

I hate paying council tax!

If i was you i would phone the council and ask what happens if the debt gets passed back to the council, my one said that i can set up an agreement with the council then and that it would not go back to court because it had already been to court. Presumably rules vary from council to council.

NICHOLAS_2

Another thing you could do, i guess, is go to the bailiffs website and make online payments monthly at the same rate as your prior agreement and just ignore them totally, it's another good way of sticking your fingers up at them because really i think they are middle men with very little power.

You can even call the council direct and make payments to them, they can't refuse payment but they will just pass it to the bailiffs.