need help re council baliff (long, sorry!)

[Citruspunch007]

Hi,

I'm new to this forum and am looking for advice.

 

Basically my husband and I entered into an agreement to repay our council tax with our local council in the amount of £136.00 per month.

This has been one of many agreements with the council because we have always had problems paying them- for as long as I can remember!

We live in rented accomodation and there is only my husband working as I am a stay at home mother to our young children. My husband's wage is pretty low- he brings home around £800 per month.

The rent is half this figure without adding on our other bills/commitments.

We do get tax credits and child benefit on top of this which takes it up to £1200 per month but we have a lot of debt, a car on hire purchase (our old car was irrepairable and we had no choice) and are behind with many of our household bills.

When we get a problem ie, the car needing repairs we have to borrow money from friends & family and repay it and then our finances tend to spiral out of control- we also have bank charges and recently wrote to reclaim them but have been told to wait until after the famous test case is done.

So this is why we have paid the council late on many occasions.

For this council tax year we were to pay £107.00 per month (band b) but we have debt from 2006 as well.

We were slowly paying off last year's debt but when we were hit with this year's annual bill we struggled and messed up.

This resulted in the council making the whole balance for this year becoming due to us- payment within 7 days in full.

Obviously we couldn't pay and it went to court.

We then had to fill in a form with a reasonable proposal for settlement to include last year's debt also.

We offered £90 but they refused and asked for double.

I wrote to them and told them we could not afford it and in the end they settled on £132.00 per month.

I made one payment in October but then they sent through another arrangement (very confusing) in the amount of £136.00 per month.

I didn't question it stupidly and just thought I'd pay it to shut them up.

However November's payment became due and I couldn't pay it.

It was due 15th November and to date I've not paid.

Well, today a baliff turned up.

I did not know it was a baliff and had no reason to believe a baliff would visit as the council have not spoken to me personally or written to us.

She was very jolly and smiley on the doorstep, said she was from the council and needed to have a quick chat about my council tax.

She said her ID was in the bottom of her bag but I stupidly thought nothing of it because she seemed so friendly and let her in- I thought she was just a nice lady from the council here to help.

Anyway, when she started asking questins about my car I realised she was a baliff- I should have known because she was typically butch. She already knew the colour of my car even though it wasn't here today- my husband had it at work. This means she has obviously been here before snouting about.

She asked the make and model and when I told her she smiled smugly because it's quite a good make. She asked if it was on HP and how much we pay for it and also took down the registration details from me.

I also gave her details of our income and outgoings.

Looking back I should have kept schtum but I was put on the spot and didn't know my rights.

I told her I had an arrangement in place with the council- she looked confused and didn't seem to know about my arrangement.

She basically said that we owe £1400 (being this years and last year's debt) and the council were not going to let us go into the next council tax year without us clearing off a decent chunk of this debt.

She said my payment arrangement of £136.00 per month was 'just the tip of the iceberg' and not good enough.

I was confused because the council made this arrangement and suddenely it's 'not good enough'.

I had to try very hard not to break down in tears.

My little children were here with me and witnessed it all.

She told me she was looking for a good chunk off of this balance immediately.

I told her we couldn't afford it and she kept the pressure on for me to pay and started talking about law, prison and removal of goods etc.

I panicked and told her I'd pay £100 this Friday, £50 the next, £100 the next and then £200 the next then £50 every week thereafter. I didn't know how I was going to get by paying these ridiculous amounts but I told her what she wanted to hear to get rid of her.

She said she would collect it in person here at my home so that I would make sure I had the cash.

After she left I broke down in tears and called my mother.

We went to see the council, waited in a queue for 20 mins only to be told we couldn't see anybody and would have to make an appointment- the earliest being next tuesday. This would be no good as the baliff is coming back this Friday.

In the end I phoned up and my mother spoke to the person in charge of debt.

She spoke to her for 20 mins telling her how hard up we are etc and offered to pay the council £200 cash tomorrow and £45 per week thereafter. She even said she would be our guarantor and pay the council when we couldn't.

The woman wouldn't bend at first but then she said she may be willing to accept and will have to speak to the baliff first.

She wants to do an evaluation of our goods as security if we miss a payment again.

Most of our goods in the house belong to other people- I get a lot of help from my parents as us youngsters do. My mum explained that we have nothing to sell except our beds but the woman left it that she'd speak to the baliff and phone me tomorrow.

I am so worried about this. I have cried so much I have a pounding headache. I pray to god they will accept our arrangement.

I don't want the baliff coming back- my neighbours already know about it and it's embarassing.

I think £200 per month is a good offer- it is the absolute maximum we can pay.

I thought if it went to court the court would only make us pay what we can anyway- this figure is actually more than we can afford.

I am not very clued up about my rights here. I tried to call in at my local CAB today but they were closed.

I am so worried it's unreal, please can somebody help me here? What can I do and what will I say to this woman when she phones tomorrow?

Many Thanks & sorry for the long post!

[tomtubby]

Christ this is AWFUL.

 

Can you send me the name of the bailiff that attended by private message only.

 

I will then search our database to ensure that she is certificated.

 

Try not to worry.

[Citruspunch007]

Many thanks, have PM'ed you.

[tonycee]

Glad the EXPERTS have picked up your thread.

Heres a good read in the meantime.

http://www.consumeractiongroup.co.uk/forum/bailiffs/58550-council-tax-bailiffs.html?highlight=bailiffs+letter

Debt Basics - Bailiff Guide - know your rights

Good luck.

[rambo]

What a sneaky horrible bailiff.

[Citruspunch007]

Thank you for your replies all.

 

If the council decide they want to do a levy of my goods as security should we default on our proposed arrangement, what can I do?

Obviously I don't want this baliff coming back and I don't want to put what little posessions we have in jepoardy if I can avoid it.

We are only a young family starting out in life, I feel so bad for my children, like we have let them down. I don't want them to have to witness things like this- I don't want to deal with baliffs.

I do not dispute the money is owed at all, we are a genuine hardship case here.

If they want to levy goods as security against our repayment proposal, do I have to allow this? I am worried the council will give me this ultimatum.

Thanks

[tonycee]

You cant stop him from coming back, but you dont have to let him in, and dont sign anything ever.

 

Dont punish yourself to much, i and many others probably 2 or 3 times your age, are still mucking up with our finances.

 

Try to find time to read through the links, they should answer any fears you have, but please keep posting to keep us up to date..

[Citruspunch007]

Update:

I phoned the woman back from the council and she told me the baliff would not be coming today as she had arranged with me.

I made a payment of £200 on my account yesterday (money I had to borrow yet again) and have offered £45 per week thereafter- the deal my mother set up on my behalf.

Well on speaking to the lady from the council today she has decided they still want to do a levy as security and will be contacting me next week to arrange the levy.

They know we have barely nothing to sell but they are adamant they are going to do this levy.

Most things we have have been given by family to us. I am now going to have to go about the embarrassing way of telling these family members the predicament and asking them to get reciepts for the things they gave us as proof we do not own them.

I am dreading the levy. My mother will be with me when it goes ahead but I think I will break down when they go into my children's bedroom to levy their posessions. I am crying now at the thought of it.

It really makes you ponder the fairness of life. My husband works all the hours god sends but it's never enough and now things have come to this.

I could understand it if we were wasters who sat in a pub all day claiming jobseekers but we're only a young family with young children.

I am very worried and depressed. I have never been in this situation before and I have visions of them raking through our things, opening cupboards etc. It's a humiliating experience.

Please can somebody explain what will happen when they come to do the levy? Will they look through private things or will it be a case of straight in and straight out only looking at larger items such as beds?

Many thanks

[Citruspunch007]

Also, as we rent privately is there any way my landlord will find out about this?

We hardly see him as we go through an estate agents but I'm worried they will get to know and kick us out of here.

[Chris_w]

You cant stop him from coming back, but you dont have to let him in, and dont sign anything ever.

 

Dont punish yourself to much, i and many others probably 2 or 3 times your age, are still mucking up with our finances.

 

Try to find time to read through the links, they should answer any fears you have, but please keep posting to keep us up to date..

 

 

I may be wrong but would this be of any use

 

Telephone Harrasment

Dear xxxx

 

Account Ref xxxx

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

Author Priority one

[zigster]

I have unfortunately had the experience of a bailiff levying goods. I was in a very similar situation as yourself, with a 7 week old baby and a toddler, living in expensiverented accommodation. It was an unexpected visit first thing in the morning and I was dressed in my pyjamas. I asked the bailiff to come back later but she said that by law I had to let her in. I did not know my rights at the time and hadn't found CAG!!!

 

Yes it is awful but she did not enter my children's bedroom - I think that they are not allowed to levy on children's things. She was more interested in stereo and computer and my husbands guitar and piano (which is his livelihood!) However, she did note down our table and chairs which shocked me. I found the whole experience outrageous and all I could do was sit there feeding my newborn baby holding back tears.

 

Be strong as this time will pass and things will get better. I am still struggling to meet debts but have found that this forum helps me deal with it.

[demon_x_slash]

I just want to make sure - when you say that you ring someone from the Council, is it actually a Council number? or the number given to you by the bailiff? You may be ringing the bailiff office instead of the Council offices, and the bailiff offices are notorious for intimidation and falsehoods.

 

Please try not to borrow money from friends and family to pay this off - the best thing to do would be to go to the Council directly, make an appointment, and discuss your financial situation with them. You need to make them aware that you cannot pay what you simply do not have; 'commital to prison' is a scare tactic used to make you panic, as it applies only to those who refuse to pay, not those who cannot pay.

 

You're on a low income at the moment - visit the Governmental website entitledto, to see if you are entitled to any financial help with your situation. If it is found that you should have been receiving certain types of benefits, not only will this help with your overall income but the Council may have to settle for a deduction at source, from these benefits - about £2.60 a week if I remember correctly (I'm sure someone will put me right!).

 

Let us know how you get on.

[antivirus]

Current benefit deductions are £2.90 per week.