Bailiffs

[arcticpenguin]

I have been advised to visit this website by a friend so I hope someone can help me! My friend received a letter on Saturday (addressed to both of us, we used to live together) from a bailiff - Philips. It states we owe £311 in council tax arrears which needs to be paid by Wednesday or a bailiff will be calling at her house.

 

Neither of us has £311. When we lived together I paid her every month my share, and as far as I knew, she was paying the bills with it. Unfortunately, that's not going to make any difference to the law! We have both tried ringing Philips, but are unable to speak to anyone. I sat on hold for half an hour this morning, supposedly the first in the queue the whole time.

 

I'm just wondering if anyone can give any advice on anything we can do? There's no way we can get this money by Wed, and if they do come out to her house, we're going to get charged for the priviledge of that as well!

Thanks x

[nunnyrose]

Firstly, if the bailiff does visit the house, DO NOT ANSWER THE DOOR, DO NOT SPEAK TO THEM.

Secondly, do you agree that you owe the money ? if so, and you can pay them anything now, then pay online a.s.a.p. Then you can contact the council, tell them you've paid some and that you will continue to pay online until the debt is cleared. They might get shi**y with you and say it's with the bailiff, but just insist that you pay them direct, and that you dont want to deal with the bailiff. Hold your ground, they cant refuse as long as you pay.

[hallowitch]

one of the site team will move your post to the bailiffs form

 

in the meantime neither of you should let the bailiff into your house

just because the letter says they will come on Wednesday don't take this as it will be Wednesday be on your guard NOW

this applies to both of you

keep all windows and doors locked if you have car park it (if you do is it on finance) well away from the house and i mean well away not in the next street

[arcticpenguin]

Firstly, if the bailiff does visit the house, DO NOT ANSWER THE DOOR, DO NOT SPEAK TO THEM.

Secondly, do you agree that you owe the money ? if so, and you can pay them anything now, then pay online a.s.a.p. Then you can contact the council, tell them you've paid some and that you will continue to pay online until the debt is cleared. They might get shi**y with you and say it's with the bailiff, but just insist that you pay them direct, and that you dont want to deal with the bailiff. Hold your ground, they cant refuse as long as you pay.

 

Thanks! Well, my friend is stating that she never missed a payment while we were living at that address, but I'll be honest I don't know whether I believe her. She has said she's going to see if she can get bank statements so we shall have to see what she comes up with.

I spoke to the council this morning and they said there's nothing they can do about the debt as it's already with the bailiffs.

[arcticpenguin]

one of the site team will move your post to the bailiffs form

 

in the meantime neither of you should let the bailiff into your house

just because the letter says they will come on Wednesday don't take this as it will be Wednesday be on your guard NOW

this applies to both of you

keep all windows and doors locked if you have car park it (if you do is it on finance) well away from the house and i mean well away not in the next street

 

I've not heard anything at my house so I don't know whether they've not bothered to track me down yet, as she still lives in the town where this debt was incurred and I've moved. I have a car, which isn't on finance, but she doesn't. She doesn't really have anything of value tbh, so they'd probably soon come knocking at my door if they didn't get the debt from hers! Thankfully we live 3 storeys up in a flat, and we have a buzzer system so I wouldn't be letting anyone in I didn't know anyway.

[ploddertom]

I've not heard anything at my house so I don't know whether they've not bothered to track me down yet, as she still lives in the town where this debt was incurred and I've moved. I have a car, which isn't on finance, but she doesn't. She doesn't really have anything of value tbh, so they'd probably soon come knocking at my door if they didn't get the debt from hers! Thankfully we live 3 storeys up in a flat, and we have a buzzer system so I wouldn't be letting anyone in I didn't know anyway.

 

Your friend is under no obligation to tell them where you live.

 

PT

[arcticpenguin]

Your friend is under no obligation to tell them where you live.

 

PT

 

I'm sure she wouldn't anyway. I'm just hoping she's able to get proof from the bank that she did pay the council tax and this is their mistake. She's not sure she will because it's an old bank account and she doesn't have any details for it anymore.

[High Court Enforcer]

Unfortunatley you are both joint and severally liable. Everybody will disagree, but I would advise you contact the Bailiff and make an arrangement to pay over 3 months or so.

[RaeUK]

Lol, HCE, yes! Agree with the first sentence but not the rest

Arctic, you haven't said anything about yourself or your friend. So, should it be applicable, here is the list of vulnerable groups from the National Guidelines for Bailiffs...

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

Rae.

[ploddertom]

Unfortunatley you are both joint and severally liable. Everybody will disagree, but I would advise you contact the Bailiff and make an arrangement to pay over 3 months or so.

 

 

While the first part is entirely true there is a different way to deal with payments if they are due.

 

Most Councils have an online payment system or automated telephone payment line, some even are registered with BillPay. If you use any of those 3 then direct payments are accepted - however you have to bear in mind that you will still have to pay some Bailiff charges. As long as the bailiff does not gain entry or otherwise levy on any goods - cars especially - then all you would probably have to pay will be 1st & 2nd Visit fees totalling £42-50. May make the Bailiff unhappy but how you pay is your decision.

 

PT

[arcticpenguin]

Unfortunatley you are both joint and severally liable. Everybody will disagree, but I would advise you contact the Bailiff and make an arrangement to pay over 3 months or so.

 

We have tried to contact the bailiffs and they don't pick up the phone. I sat on hold for half an hour yesterday, supposedly first in the queue the whole time. We also tried the automated service to set up a payment plan and it wasn't accepted.

 

I read a lot on this site last night and have advised my friend to deal with council directly, however hopefully she can get printed bank statements to prove that she did pay it anyway. This is the first we've heard about apparently not paying the council tax at this address, and this is from Sept 2006 - March 2007. Seems a bit odd they've suddenly decided we owe them money.

[arcticpenguin]

Lol, HCE, yes! Agree with the first sentence but not the rest

Arctic, you haven't said anything about yourself or your friend. So, should it be applicable, here is the list of vulnerable groups from the National Guidelines for Bailiffs...

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

Rae.

 

My friend is 8 months pregnant. I don't come anywhere on that list! What does that mean though? What difference does it make to the bailiffs if you're considered vulnerable?

[arcticpenguin]

Just to keep this updated, according to the council no tax was ever paid for the period that my friend and I lived together. According to her, it was. She has been to the bank and they've requested her old statements, which she will get on Friday. Fingers crossed she's right and they've messed up!

[tomtubby]

My friend is 8 months pregnant. I don't come anywhere on that list! What does that mean though? What difference does it make to the bailiffs if you're considered vulnerable?

 

All bailiff companies have agreed to abide by the National Standards for Enforcement Agents and under this persons that are pregnant are classed as "vulnerable" and accordingly the bailiff should consider returning the debt back to the local authority.

 

It should be remembered that the bailiff cna charge just £24.50 for "attending to levy where no levy was made". This is where the bailiff is unable to gain entry into the property or that nobody was at home.

 

UNLESS he is able to levy upon goods, this is all that he can charge.

 

If the debt is correct then it is important to write to the company at: [email protected] to advise of the pregnancy and to offer a payment proposal.

 

It needs to be remembered that all local authorities stipulate that the bailiff company can accept payment arrangments but they normally require that any arrangment made ensure that the due is paid in full BEFORE the start of the new council tax year (31st March).