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I own my house and have 2 kids.

My boyfriend has debts and bailiffs are after him.

He wants to move in with me but I am worried about his debt. I have never been in debt and always make sure my bills are paid. I know bailiffs will end up coming to my door. How do I deal with this?

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Hi katsden

 

Welcome to CAG

 

How old are the debts? What are the debts? i.e. council tax, utility, credit cards.

 

The solution may lay in dealing with the debts.

 

The guys will advise as soon as they are available.


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Council Tax. He moved and never paid... the idiot lol

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I'll move you to the Enforcement Forum.


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They cannot take any of your stuff for his debts, however the EA will swear blind hew can break into your house and clear it out then make you go to interpleader to claim it back. In reality if they call, show them your might be worth swearing a Statutory Declaration that all goods are belong to you, and that Mr XXX has no property of any value furthermore he incurred the debts in question PRIOR to his residence at your address. Others will no doubt provide much bedtter advice, but a Stat Dec is a valid option imho.

 

You DO NOT have to let the EA in, in fact it would be a very bad idea, the debt not being yours. If bailiffs call make BF sort it.


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Council Tax. He moved and never paid... the idiot lol

 

Tell him he can't move in until he has a repayment agreement with the council, as you will not accept having your kids frightened by bailiffs coming to your house.

 

He can contact the council directly and see if he can enter into a payment arrangement with them.

 

If bailiffs come to your address it will be a pain in the *ss. They cannot take your items, but they may levy on any car on the driveway, even if it is yours and say they will take it away if the debt is not paid. You then have to prove that the car is yours. Or they may want to come into your house to see what items are his they can levy on. Then you have to mess around with a statutory declaration.

 

I think it is better for you, if he gets this resolved before he moves in.


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Thanks.

I can't be done with hassle.

He just doesn't seem phased by it at all where as i am absolutely horrified.

I would be on edge all the time waiting for the knock on the door.

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How would the bailiffs know he was staying at your address ?


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Do you know how many Liability Orders he has against him?

Do you know how much he owes?

Has he paid anything at all towards them?

At what stage of the enforcement process is he at?


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I have no idea. I have only found out about the debt. I am really annoyed as it sounds like he has just ignored all letters. I know it has been handed to the bailiffs but don't know of they have been out or not yet as he is living with a friend. I don't think they have an address for him.

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He does realise that the ultimate sanction if he refuses to pay and it can be proved he is wilfully avoiding his responsibilities is a holiday in one of Her Majesty's finest Victorian buildings.


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I would tend to agree with UB don't let him move in until payment arrangement in place, but also one thing to consider is, is it the same council you pay the one he owes, as there is an open canvas for a litany of muppetry when you register him at your address, and the EA will do their best to get you to pay, hoping you don't know that you are not responsible for debts that are not your own as you own your house that could include threatening a Charging Order. The EA want their fees it matters not who pays.

 

Vert salient advice from plodertom, regarding a little holiday in the Scrubs, or some other prison if he doesn't pay up. It is unfair on you.


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I have no idea. I have only found out about the debt. I am really annoyed as it sounds like he has just ignored all letters. I know it has been handed to the bailiffs but don't know of they have been out or not yet as he is living with a friend. I don't think they have an address for him.

 

You would have also think whether he has any more debts or will incur more when he is living in your house. It would better if he sets up a payment arrangement with the council or enforcement company if need be. He could phone them from a phone box or withold his number and just say that he is currenly not resident at any one address, but can offer payment of £x per week, which he can pay online. He can ask them to confirm by email. Then make sure he is making payments.


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I would have to register him for council tax.

 

From your posts it would seem that at present you are a single person (with 2 children) and if your boyfriend moves in with you then you need to advise the council and sadly at this stage it would be quite simple to 'link' his old address with yours. Worryingly, you have also stated that you know that bailiffs have been instructed about the council tax debt.

 

The way forward is for your b/f to find out how much he owes and propose an affordable payment plan.

 

He could if he wishes ignore the matter and this is a possibility but will not mean that a bailiff will not attempt to pursue the debt. A significant clause in the new bailiff regulations is that a bailiff may only seize goods belonging to the debtor. There is no provision that stipulates that you must allow a bailiff into your home (and I would not recommend that you do) and this will mean that if your b/f owns a motor vehicle then that asset is almost certainly at risk.

 

Alternatively, if he is working the local authority can impose an Attachment of Earnings Order against him.

 

Does he own a car?

 

Is it subject to finance?

 

Is he employed?

 

How much is the Liability Order?

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Also you should consider a Statutory Declaration before he moves in, if he does, the SD will formalise your property so they (EA'S) cannot take your goods.

 

 

The SD can be notarised by a Solicitor costs about £5-00 or so it will be the best money you ever spent

 

 

Get certified copies and keep safe and give one to the EA should they arrive


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Also you should consider a Statutory Declaration before he moves in, if he does, the SD will formalise your property so they (EA'S) cannot take your goods.

 

 

The SD can be notarised by a Solicitor costs about £5-00 or so it will be the best money you ever spent

 

Get certified copies and keep safe and give one to the EA should they arrive

 

 

A Stat Dec is essential if he is moving in whatever to establish what property the EA cannot touch


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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He is self employed. He owns a small scruffy van that is worth about £400.

I have only just found out about about the council tax he owes and I am starting to feel uneasy about the whole thing.

I have worked all my life to own my own property. I feel letting him move in is going to be something I will regret.

The lease is up on his flat and that's how the idea came about of moving in with me. Maybe he is being evicted!!!

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He is self employed. He owns a small scruffy van that is worth about £400.

I have only just found out about about the council tax he owes and I am starting to feel uneasy about the whole thing.

I have worked all my life to own my own property. I feel letting him move in is going to be something I will regret.

The lease is up on his flat and that's how the idea came about of moving in with me. Maybe he is being evicted!!!

I think the total with the liability order is £600:!:

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He is self employed. He owns a small scruffy van that is worth about £400.

I have only just found out about about the council tax he owes and I am starting to feel uneasy about the whole thing.

I have worked all my life to own my own property. I feel letting him move in is going to be something I will regret.

The lease is up on his flat and that's how the idea came about of moving in with me. Maybe he is being evicted!!!

 

Slightly going off topic here.

 

It depends on how much you love him and are willing to accept. If you think you can have a long term relationship, then you may accept the risk. Only you can decide, based on what you know.

 

Once someone moves in, they register various things at your address e.g bank, insurance etc, it can be difficult to get rid of them if they have nowhere else to go and if they move out you still have the hassle of communcations (phone calls, letters, doorstep visits) coming to the house.

 

If you are in receipt of any tax credits or any other benefits, you will no doubt have to inform people of your change in circumstances. They may want details of his earnings that will contribute to the household.


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I think the total with the liability order is £600:!:

 

If he was on very low earnings, he may have been entitled to council tax benefit. He would have needed to submit details to the council and they would have worked out how much he would have to pay. Sometimes councils are willing to accept a backdated council tax benefit claim. Perhaps something he can enquire about.


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I don't get benefits as i work but I do get tax credits.

I love him but feel unsure about trust regarding money etc.

Maybe I should do a trial run like weekend stays.

To be honest if i am having these doubts it's not the right thing to do..

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You could always get him to check his credit file and see how bad the debt issue is and this way you "could" make a better informed judgement call.

 

 

Also a good bet would be is to get him to ask the Council if he has any further LO's waiting to be enforced.

 

 

There are many pitfalls in moving someone in but only you can make that choice. But go in to it with your eyes wide open and see how good/bad the debt issue is before making any commitment..

 

 

On a happy ending good luck it may well work out and this is just a hic-cup


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I don't get benefits as i work but I do get tax credits.

I love him but feel unsure about trust regarding money etc.

Maybe I should do a trial run like weekend stays.

To be honest if i am having these doubts it's not the right thing to do..

 

Katsden

 

Your b/f has a small debt for old council tax and I would suggest that BEFORE he moves in with you he should make a payment proposal and MAKE SURE that he keeps to the payments and in that way...there would be no bailiff visits.

 

He should send an email and point out that he is on a low wage and that the only assets that he has is a very old vehicle worth no more than £400 which is vital to his employment and that he is willing to discharge the debt at the rate of maybe £100 per month. I would be surprised if this was to be rejected.

 

Don't let this debt get in the way of your relationship. You need to know that EACH year approx 3.3 million people receive a Liability Order for arrears of council tax !!

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On a final note too he BF needs to talk to the EA and get this mess cleared up, as the fees will only add to the problem and cause the debt to spiral out of control which is the last thing you wish to have in your situation.

 

 

Secondly your bf needs to make sure that he has terminated his liability at his previous address as well or he may find another Lo issued against him


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