I'm finding it impossible

National_Debtline · 21 March 2017 at 5:30PM

Hi

Providing the council tax bailiffs haven’t been allowed inside you home previously and taken control of your goods they can’t force entry. If that’s the case and you keep any vehicles you own well out of the way their options will be limited to just asking you for payments.

That means you’ll be in a strong position to negotiate payments you can realistically afford. If the bailiff refuses to accept your affordable payments save them up. It’s likely the debt will be passed back to the council if the bailiff stops collecting from you and can’t access your belongings. If they visit your property they can add the £235 enforcement fee though.

Good advice from the others in terms of priorities and completing a SOA, and I agree you should change your bank so that you’re in control of your own money.

You’re welcome to contact National Debtline if you would like to discuss your options in more detail.

James
@natdebtline

StressedHuman · 22 March 2017 at 9:10AM

Thank you all for your help.

So since posting I have started the process of opening a new bank account and will move our wage and benefits into there.

I've contacted the bailiffs in writing to reiterate my offer and to say that I'll be continuing to pay that. I won't speak with them anymore.

I did contact stepchange last year and that's how I got the advice to contact my creditors and get interest frozen etc. The overdraft and council tax are new debts after this though so I will contact them again for more advice.

My concern with stopping paying the PDL is that they'll start the interest and charges up again, but I'm going to contact them and maybe ask for a payment break?

It's so frustrating that they can add £235 back onto my debt when I've starved and stressed for months to make a dent and they can just throw a chunk back on.

I've read conflicting things about them forcing entry, some saying they can't unless they've previously been allowed entry, and some saying they can use locksmiths etc if it's council tax debt? If they used a locksmith I'd lose my tenancy too. Can anyone confirm which is correct?

Sorry for long post but thankyou all again

[Deleted User] · 22 March 2017 at 9:31AM

Bailiffs can force entry, in a small number of circumstances, eg. unpaid magistrates' court fines and debts owed to HM Revenue and Customs.

National_Debtline · 22 March 2017 at 10:52AM

StressedHuman wrote: »

I've read conflicting things about them forcing entry, some saying they can't unless they've previously been allowed entry, and some saying they can use locksmiths etc if it's council tax debt? If they used a locksmith I'd lose my tenancy too. Can anyone confirm which is correct?

There are different rules depending on the types of debts being collected, and whether certain criteria have been met. As Bedsit Bob says, a bailiff enforcing a magistrates court fine can force entry if they haven't previously been allowed inside, for example.

For a council tax debt a bailiff can only force entry into your home if they’ve previously gained entry without force (e.g. if you let them in or left the door open), and they would then need to have taken control of your belongings. To take control of belongings they need to list eligible items in a controlled goods agreement, and you also need to sign it. In theory they could then force entry to remove those items if you break the agreement. It’s simplest to just not allow them entry in the first place.

This factsheet covers council tax recovery so might be useful for you to read:

www.nationaldebtline.org/EW/factsheets/Pages/council-tax-recovery/counciltaxdebt.aspx

James
@natdebline

I'm finding it impossible

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