Council Tax Bailiffs calls

[ELC06]

Hi

 

Hope someone can help.

 

My husband who was the sole income earner left without warning.

 

Refuses to pay the maintanaince ordered by court and as such has left me in alot of debt.

 

One of these debts being council tax arrears of some £1900 including bailiff charges

 

I have no means of paying this and am becoming incresingly worried as the bailiff letter states

they can enter my property without me being there and remove goods.

 

Can they do this and if so what items are they able to remove?

Is there anything I can do to stop this action being taken?

 

Thank you to anyone who can advise me.

[Bazooka Boo]

Unless these bailiffs have been in your property previously then NO they cannot just enter your property without you being there.

Bailiffs like to intimidate and willy wave.

 

Unless you leave a door or window open then they cannot just break in.

 

Get onto your LA (council) and have them take this back off the bailiffs, (who are??)

 

You'll need to come to an agreement with the LA to repay the arrears.

 

You really do need to contact them ASAP and have them assist you, bailiffs are not assisting anyone except the LA.

[tomtubby]

ELCO6

 

I am sorry to give bad news to you but the legal position with council tax is that the debt is a joint one. That means that both you and your husband are jointly liable and the council can therefore pursue either you OR your estranged husband.

 

Are you working or are you in receipt of any benefits?

 

Given that you mentioned that your ex failed to pay maintenance I assume that you have children. What ages are they?

 

If you have a car you need to be careful as this can be seized.

 

Enforcement companies will commonly state that they can remove goods 'in your absence'. Such letters are no doubt intended to make debtors believe that if they leave their home (to go to work or pick up children from school) they will return to find their home stripped of belongings. This is NOT the case at all. Instead, what the letter really means is that they can remove items 'in your absence' that may be outside of your property (such as a good quality lawn mower, motor vehicle, wooden garden tables and chairs etc).

 

In your case it is really important that you write to the enforcement company (or the local authority) to make them aware of your circumstances.

[ELC06]

Thanks for your replies.

 

I will contact LA tomorrow. The bailiff company is Chandlers.

 

I am in receipt of £113 child tax credit and £20 child benefit per week. I do own a car although it's not running at the moment I have been told they can't remove it as it's on my drive.

[Bazooka Boo]

It doesn't need to run for them to remove it off your drive.

 

I'm not sure you have been given the right advice regarding them removing it, I'm pretty certain they will especially if it is on your drive.

 

Are your benefits your only form of income or are you working?

[ELC06]

I am not working, they are my only form of income.

[Bazooka Boo]

Then you MUST get onto your LA first thing and either arrange an appointment with them so you can go in and show them

your I&E and have them recalculate a payment plan and get the bailiffs off your back and their fees removed.

 

If you can't do it in person, then please ring them ASAP have them hold on any enforcement action, and then send them your I&E

and your offer of payment, failing that, request they take you to court where the DJ will view your I&E and make a decision on your repayment plan.

 

Have you been to CAB or any other charity for advice?

[tomtubby]

Can you tell us who has told you that the bailiff cannot remove your car as it on on your driveway?

 

Unfortunately, the information given to you is WRONG !!!

[ELC06]

Hi

 

Thanks again for your help.

A friend told me about car being on drive.

 

Going to CAB tomorrow, fingers crossed they can help.

 

Thanks

[ploddertom]

As good as CAB can be for certain things their advice is somewhat lacking when it comes to this sort of thing. You are more likely to get better advice here.

[ELC06]

Thanks

[tomtubby]

The new regulations provide the debtors who are vulnerable should be given additional time in which to seek advice from a debt advice agency and I am sure that CAB will get this sorted out asap.

 

For the avoidance of doubt under the new regulations an enforcement agent is indeed permitted to take control of a vehicle on the debtors own driveway. If your car is parked on a neighbour's driveway then it cannot be seized.

[ELC06]

Thanks, good to know about car.