Council balliffs

[Mrsmancmonkey]

Evening folks.

 

My mum rang in a panic early as she was tricked into letting a bailliff into her home. As soon as she realised she asked him to leave. And didnt signed anything.

 

Basically its from unpaid business rates on a sole trader business that went into liquidation and its been to court apparently (which she didnt know confirmed by council when she rang to try and sort a repayment out). The council are demanding that she pays £400 a month for 6 months which she cant afford.

 

Is there anything that she can do now its been to court?

 

Thanks for your help in advanced

 

[Hopeful1]

I am bumping this for you, as i don't know the answer.

 

I did wonder if your mom would need to apply to the court to ask to have the repayment amount reduced so that she can afford it.

 

Another tack may be to write to the council with a budget sheet (keep a copy) and enclose a postal order for whatever amount she is offering, to at least show willing.

 

Someone with more knowledge will hopefully come along soon.

[MancMonkey]

Please can anyone help??

[MancMonkey]

Or is it bump, am new to the site!

[UK26]

Hi, was this for a Limited Company?

[Mrsmancmonkey]

Hi benwell

 

It was to begin with and then it was a sole trader, so the council are saying that she is responsible for them.

 

She cant afford her credit card payments let alone any monies for these. They are wanting payment on monday they have said.

 

Thanks

[UK26]

That’s a pity as she could of made use of the limited liability.

 

Is she in employment still (Self Employed) ??

 

Offer a payment per month which she can afford

 

Remember this type of debt always should be paid before any credit card bills.

 

Regards

 

Dave

[Mrsmancmonkey]

hi Dave

 

Sorry I have limited access at the moment on the net.

 

She has offered to pay the council a smaller amount but they have refused it, as have the bailiffs. They both want £400 a month for 6 months.

 

No the company had to go into liquidation and then she operated about 6 months as sole trader and then had to wind the company up completely as still couldnt manage. But this was over 2 years ago.

 

At the moment she isnt paying any cards she has CCA'd them all and nothing come back and we're almost a year into that and she has no spare money. She is coping with the mortgage and housebills and food and thats the money gone. To be honest there isnt even any money left to pay the rates which the council says she owes.

 

Just dont know which way to point her to go.

 

[UK26]

I might be wrong but this is what i would personally do.

 

however little payments she can afford pay via the councils website, this will not be refused.

 

Now the key part here is not to have any contact with the bailiff company, if they turn up at the door, do not answer.

 

now after a couple of months they will put the file back to the council,

 

keep paying the payments via the council website.

 

The council will then apply to the court for a committal Hearing.

 

This basically means the council are applying to the court to have you put in prison.

 

Don’t worry too much; they don’t often put people in prison if you can’t pay the bill due to not enough income.

 

Here you will have your chance to explain why you can’t afford to pay large amounts of money.

 

The court should then make an order allowing you to pay at a rate which you can afford. The council then have to accept that.

Also find out if any benefits can be claimed, whereby reducing the debt

 

Regards

 

Dave

[Mrsmancmonkey]

Hi dave

 

Thanks for the advice, first time Ive had internet access.... hate starting new jobs!!

 

I'll get my mum on it

 

Thanks

[UK26]

Hiya

 

Hope it works out well, for you.

 

I've been there and now talk from experience Bailiffs can't get away with it the only exception to this is when people are not aware of there rights and more maybe scared of the bailiff actions. If you can rise from this, you will be fine.

 

Do keep us updated and if you need anymore help. Everyone here i'm sure is willing.

 

 

Regards

 

Dave