council tax, baliffs, and ctax benefit

[RaeUK]

Bl**dy hell, ibis! Forgive me, I'm not one to swear but, my goodness, I thought I'd had a tough time!

I can give you some basic advice and I'm sure many others here will help you too.

First and foremost. Bailiffs. Do not worry about them. Under the National Standards for Enforcement Officers you WILL come under the vulnerable category. This is:

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

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.

 

The debt has to go back to either the court (if it was a fine) or the council. These Standards are there to ensure vulnerable people do not have the added stress of bailiffs visiting.

 

If bailiffs do get involved please post in the bailiffs forum and I - amongst many others - will help you.

 

 

Thursday, when you go to court you will probably see a representative from your council and not a magistrate. That shouldn't matter. Make them aware - they should be but some councils pretend the Standards don't exist! - of the fact you are a vulnerable person. They have a duty to help you and make a payment plan with you that is affordable and sustainable. If they say anything ridiculous to the contrary ask to go before a proper magistrate. As far as I am aware every magistrates court accepts and follows the National Standards.

It's late o'clock so I'll look back here tomorrow.

Take care hunni, please don't worry - and congratulations on your wedding.

Rae xx

 

EDIT: Hey, so glad there are some late night Caggers out and about for you!

Edited January 5, 2010 by RaeUK
typoo

[RaeUK]

You're welcome postggj. As you probably know from my posts in the bailiff forum, as a vulnerable person myself, it's a bit of a pet crusade for me!

Best wishes.

Rae.

[RaeUK]

Thats for sure postggj! But, unfortunately, it's all about the money. One argument that's often trooped out - and I mention it as it's one ibis may come across - is that the National Standards are 'simply guidelines'. Not law. To me, a guideline is what it says on the tin. It's a guide. You may meet it, you may not. It's just an average you sort of aim for. The National Standards are also what they say on the tin. A Standard. This is the Standard you work to. It may not be law but it's what's expected of you as an Enforcement Agent. And, as the Agent is a sub-contractor for the council, it's the Standard councils should also acknowledge. Some councils try to ignore it as they want the bailiff to get the money for them. Bailiffs - who have a responsibility under the National Standards to hand the file back if it relates to a vulnerable person - are disinclined to do so as they lose their illegally inflated fees.

What gives these 'simple guidelines' their teeth - imo - is that they are recognised and observed by the magistrates courts and have also been debated and recognised by the Houses of Parliament. If they are good enough for those two bodies then they are good enough for local authorities.

Rae.

[i still need to go to bed!]

Edited January 5, 2010 by RaeUK
typoo

[RaeUK]

Hey ibis [this really is my last post. I'll be blaming you when I struggle out of bed on the morrow... ]

Apart from everything else, it sounds like you have a lot of debt you need to get a handle on. That's nothing to be ashamed of, so many of us are sharing your boat...

I think you need to try and prioritise some of them. After all, if you're on a fixed income, the first priority is to survive. [Lol at all the press stories of people living it up on benefits. If you can get through from monday to Sunday comfortably than you're doing something dodgy...]

Personally I've had a bit of a hit and miss relationship with CAB but it may be worth your while to seek their advice. Council Tax, I'm afraid, is one of those debts we have no choice about. It has to be paid. As far as I'm aware witholding it is not an option for any reason. You need to make an offer that you can afford. No matter how small.

Best wishes.

Rae.

 

EDIT: Forgot to mention 'your' motability is not yours. It is not an 'asset' it belongs to motability. Which means no-one can take it from you. So, er, it's yours...

Edited January 5, 2010 by RaeUK
typo

[RaeUK]

No worries, you're worth it.

Rae.

[RaeUK]

Hi ibis, just popping by to pass on my best wishes to you and hubby.

You seem to be having lots of hassle with the council!

Have you contacted MIND? I don't know what level of advice or support they can offer you but I'm sure they'll want to listen to you. Here's a linky thing to their 'how can we help you?' page:

 

How we can help you | Mind

 

As for your other debts, if it were I then I'd shuffle them around into some form of priority. And paying for a car I don't have would be close to the bottom of the list! That - in my world - would be £20 a month towards council tax and £20 a month to other priority debts.

Have you considered other action? Depending on the size of debt, there is bankruptcy - the down side, as far as I'm aware, is that you have to pay up front to be declared bankrupt. No idea how much it is these days. There is something else which came in recently, the name of which escapes me! I recall it being mooted as a smaller, cheaper version of bankruptcy...

 

Best wishes.

Rae.