Please help had council tax bailiff at the door

jojopo000

Oh my god!!! I am sat here in tears as just had the bailiff at the door for Council Tax amounting to £1115 plus costs.
He said the council have wrote to us which they havent as the last time i spoke to them was in August as was heavily pregnant and they wanted more than I could pay a month so said the next time i would hear from them would be through the courts and have heard nothing until this evening. The B also said that they have written to us too but we have recieved nothing from them. He said I have to call the Council tomorrow to try to arrange a payment scheme but when I tried to do this last time they werent helpful as were insistant they want the bill paid by the end of the financial year and they will be like this again but now my income is even less as am on maternity leave and my wages go even lower in january. The council said in august that we would hear from them when we went to court but we heard nothing and i said this to the bailiff and he said we have already been taken to court. The B then said I need to call him and he will come and do a list of what we have (not a lot).
The kids will loose their toys, TV and stereo and baby will looser her stuff. What do I do?
I am f*CKED!!!
What do I do?

Jojopo

RAS

Hi

OK

It looks lik this guy has been fairly good for a bailiff. You opened the door and he has not attempted to do a walking possession order (make a list of your stuff). So he is going to give you some time to sort things out with the Council. Some of them would have been really aggressiive.

He cant list things that are needed to normal living like clothes, kitchen gear etc and he cannot enter without your agreement at this stage. You need to know what sort of bailiff he is, a court one or a certified one as this affects his future right of entry.

You should have received court papers and been asked for a statement of your income and received a copy of the judgement. Do you have a OH/partner? If you have not seen any paperwork regarding court has he, but tried not to let you know the situation because you were heavily pregnant/with a new baby?

You need to get hold of your local CAB first thing in the morning (go down there if necessary). Alternatively talk to the national Debt line.

In the mean-time can you get onto www.entitledto.com and check that you are getting all the help you should have? Put in your current income and your income when your mat benefit drops. In particular, should you be getting Council tax benefit now or when your income reduces. That might give you leverage with the Council as they would recognise that you would not owe the full £1115. Are you getting all the CTC and WTC that you should have.

There is something in the rules about recommending that CT debtors pay in the current year, but if you are on benefits the rules about what they can ask for change, so check it out

jojopo000

RAS wrote: »

Hi

OK

It looks lik this guy has been fairly good for a bailiff. You opened the door and he has not attempted to do a walking possession order (make a list of your stuff). So he is going to give you some time to sort things out with the Council. Some of them would have been really aggressiive.

He cant list things that are needed to normal living like clothes, kitchen gear etc and he cannot enter without your agreement at this stage. You need to know what sort of bailiff he is, a court one or a certified one as this affects his future right of entry.

You should have received court papers and been asked for a statement of your income and received a copy of the judgement. Do you have a OH/partner? If you have not seen any paperwork regarding court has he, but tried not to let you know the situation because you were heavily pregnant/with a new baby?

You need to get hold of your local CAB first thing in the morning (go down there if necessary). Alternatively talk to the national Debt line.

In the mean-time can you get onto www.entitledto.com and check that you are getting all the help you should have? Put in your current income and your income when your mat benefit drops. In particular, should you be getting Council tax benefit now or when your income reduces. That might give you leverage with the Council as they would recognise that you would not owe the full £1115. Are you getting all the CTC and WTC that you should have.

There is something in the rules about recommending that CT debtors pay in the current year, but if you are on benefits the rules about what they can ask for change, so check it out

Hi and thanks for the reply. Neither of us have had any papers from the court or anything else about this from the council.

We at present get help with CT and HB as well as the full amount we are allowed of CTC and WTC. The debt is from another council, not the one we live under now. There is no way I can repay anything over £50 and even that will be a push.

Will the bailiff take everything apart from clothes and white goods?

Am worried sh*tless as have a 3 year old, a 8 year old and a newborn and they are going to have nothing.

RAS

I have nicked fermi's excellent post from another thread. No they will not nick everything. They really are not interested in your gear. They want to get the money paid.

If it is an old council, you need to ring them up in the morning and ask when and where the court case was heard and tell them that you did not get any papers. Then ring the court and ask their advice.

At worst, you can ask for the vary the judgement, but you may be able to get it set aside.

So find out what has gone wrong and get CAB or someone else on your side (and do not give your personal details to anyone on here who claims to be able to sort things out as there are a few companies who patrol the boards).


Talk to the original creditor or the bailiffs.

Call National Debtline - Tel: 0800 808 4000 for expert advice.

And read through all the info at:

http://www.direct.gov.uk/en/MoneyTax...rs/DG_10034289

and

http://www.insolvencyhelpline.co.uk/...f_problems.htm

In particular:

Quote:
Can a bailiff force his/her way into my house?

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare. All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down. See also ''If a bailiff does gain peaceful entry to my house, what will they do?''

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.
Quote:
What should I do if a bailiff is about to visit my home?

Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees.

Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.
And again, post as much info as you feel you can so that people can help you further.

Professional, free and impartial advice on debt problems can be obtained from several charitable and 'not for profit' organisations. They never make a penny from the advice they give, which means it will be given with only your best interests at heart. You can contact:

Your local CAB Office and ask to speak to a 'money advisor' *** The Consumer Credit Counselling Service (CCCS) - Tel: 0800 138 1111 *** National Debtline - Tel: 0800 808 4000 *** Payplan - Tel: 0800 917 7823

jojopo000

When I spoke to them in August the council wouldnot accept the payment I offered even though my list of incomings and outgoings show we have no spare money. That when the guy said well we'll be in touch when we go to court as he wanted it cleared by April, which is impossible as my income is going down each month because of maternity leave.
And why would we have had nothing from the court in the post or from the bailiff as he said they had written to us too.

RAS

That is what you need to find out and make a complaint about. If you have complete the income and expenditure form for the Court they would have made an order for you to pay off a bit each month and that would be binding on the council and you. If you did as the court ordered, the bailiff could not come round and the council could do nothing but accept the small amount. There are quite strict rules on what is acceptable expenditure, but if you are on CTC and HB, it pretty much suggests that a small payment would be ordered by a court.

Have they sent the docs to your old address for example? Should you have been receiving CTB when you were at the old address?

And you do need proper advice and get the communications with the council in writing. And also be aware that you need to pay something, even £2 a month to show willing.

Post up your Statement of affairs (see the stickie with forum rules on the front page) and see if people here can help you generally.

jojopo000

RAS wrote: »

That is what you need to find out and make a complaint about. If you have complete the income and expenditure form for the Court they would have made an order for you to pay off a bit each month and that would be binding on the council and you. If you did as the court ordered, the bailiff could not come round and the council could do nothing but accept the small amount. There are quite strict rules on what is acceptable expenditure, but if you are on CTC and HB, it pretty much suggests that a small payment would be ordered by a court.

Have they sent the docs to your old address for example? Should you have been receiving CTB when you were at the old address?

And you do need proper advice and get the communications with the council in writing. And also be aware that you need to pay something, even £2 a month to show willing.

Post up your Statement of affairs (see the stickie with forum rules on the front page) and see if people here can help you generally.

The address is from the one prior to our last address (have to move loads as in private rented acconmadation) and the council had corresponded to this address so cannot understand how any court papers would of gone to an old adress as the council have this address and have written to us at this address.
The debt they are chasing is from another council whom with lived in their area until December last year.
When I asked the council about the CTB we should of had awarded to us they said they didnt have access to this information as were a different department. I remember it being a high amount though, something like we only had to pay £20ish a month or something.
Am so worried, do I have to let the Bailiff in when i have contacted the council as he said i have to let him in to let him list our possesions (we dont have enough to even raise £200 towards it).
SOrry to go on and on but am worried and just feel like i am sinking into a hole, am already on Post natel depression watch from my health visitor.

RAS

A couple more things as I do have to go home.

1. No do not let him in. In the short-term, keep the dorrs and windows locked as he is allowed to enter through an unlocked door. However, I you seem to have encountered one of the more decent bailiffs around, so keep calm.

2. If you are suffering from post-natal depression, you are a vunerable person and the council should not be sending the bailiffs round. Can you get a letter from your health visitor?

3. You need to get to CAB or someone who can contact the council, insist they treat you as a vunerable person, sort out the CTB to which you are entitled and contact the court to find out what has gone wrong. Their action so far is completely unacceptable.

You may well have a case against the council on a number of grounds, but tonight there is no way of finding out what went wrong. You have to stay calm tonight and in the morning you or OH can start to unravel this.

Things do get quiet here late on and the boards have been down a lot over the last feww days, but if you cannot sleep or want someone to chat to, there should be someone around.

So what helps you to relax? Do you have anyone that you can call if OH is not around?

it will be OK. Promise.

jojopo000

RAS wrote: »

A couple more things as I do have to go home.

1. No do not let him in. In the short-term, keep the dorrs and windows locked as he is allowed to enter through an unlocked door. However, I you seem to have encountered one of the more decent bailiffs around, so keep calm.

2. If you are suffering from post-natal depression, you are a vunerable person and the council should not be sending the bailiffs round. Can you get a letter from your health visitor?

3. You need to get to CAB or someone who can contact the council, insist they treat you as a vunerable person, sort out the CTB to which you are entitled and contact the court to find out what has gone wrong. Their action so far is completely unacceptable.

You may well have a case against the council on a number of grounds, but tonight there is no way of finding out what went wrong. You have to stay calm tonight and in the morning you or OH can start to unravel this.

Things do get quiet here late on and the boards have been down a lot over the last feww days, but if you cannot sleep or want someone to chat to, there should be someone around.

So what helps you to relax? Do you have anyone that you can call if OH is not around?

it will be OK. Promise.

Thanks for all your help and I hope youhave a nice evening.
OH is here reading this with me now and say thanks also for the advice.

I will post a update on here tomorrow.

Once again thanks

mrsspendalot

I have no advice to offer, but can sympathise with the PND (I'm a mum of 3 also). Hope it works out ok for you xxxxx

Sea78

Big hugs -hope that you get this sorted tomorrow - you have had some great advice on here so I hope it's helped!

Sea xxxx