Help with Imminent Bailiff calling

[babsefc2002]

Hi

 

I hope someone on here can help me. There has been a bailiff noticed posted through my door today for my son. Apparently he owes the Inland Revenue £423.00. He has been trying to resolve this for some time and twice has been told by the Inland Revenue it was sorted. Now we have this letter for £823.68. He's spoken to the Inland Revenue who said they can no longer help. He's spoken to the Bailiff concerned who said 'now we know you're in the property I'll be round with my mate to get into the property to get what we need'.

 

The thing is my son does not own anything - it's all mine. Can they take my stuff?

 

Please help!!!!

[Guest NATTIE]

My understanding is that they cannot take anything of yours, I hope the evening guys who know a bit more on bailiffs will advise further.

[dazpen]

A Baliff canot take anything without your son saying it his his. If they call say he owns nothing in your property as it is all yours.

[babsefc2002]

Thanks for your help so far guys!

 

I'm really worried about this

[bidstermeister]

Unless the bailiff has made peaceful entry into your home (ie: to get you to sign a form, use the lav, or have a look around), they cannot legally enter. Ensure all doors/windows are closed/locked and do not answer the door to them if you can help it.

[babsefc2002]

My son has just spoken to the bailiffs. Unless he pays in full by Sat morning (which he can't) then it will be up to me to prove ownership. I have no receipts or anything as most things are over 4 years old.

[Billyhunt]

Hi babsefc2002,

you say your son owes money to the inland revenue, could you give a bit more detail regarding this. Depending on the type of debt, the bailiffs can have different powers of entry so it is important to check the type of debt they are trying to collect on. Is it income tax for example?

[babsefc2002]

Hi Billy

 

In answer to your question my son worked for one week on a self employed basis in 2002. Shortly after that his father died and we moved away from the area. In the meantime, in their wisdom, the Inland Revenue assumed he was totally self employed and assessed him for tax. When eventually they traced him it was obviously quite a lot of money. He spoke to them several times and got this resolved a long time ago as he proved to be working through paye. Unfortunately because there was a time when we moved when he wasn't working (or claiming benefit) they decided he owed this £400 +. He has been told once by the Inland Revenue that it had been sorted, but then it was resurrected and was told the woman who had sorted this was wrong but they would look at it again if he wrote a letter regarding this which he did do also requesting refund for overpayment of tax in at least two tax years since. We heard nothing until today.

 

Sorry its a bit long-winded but you did ask

[babsefc2002]

Another question. Does the debt have to be paid to the bailiff (even though its disputed) or can we go back to the Inland Revenue to negotiate?

[Billyhunt]

Hi, babsefc2002

 

Unfortunately, bailiffs can get a warrant to allow forcible entry if they have previously failed to gain peaceable entry if collecting unpaid income tax, national insurance or VAT as far as I understand it. Have they applied for a warrant do you know, does the letter they left mention this? If not refuse them entry as advised earlier, do not let them in under any circumstances as once they set foot in your house they can come back in without your permission. Do not let them bully you regarding this point talk to them outside with the door closed shut.

 

For income tax, only goods belonging to the client may be levied.

For income tax arrears, goods may be taken from anywhere, but it is HMRC policy not to enter the premises of a third party to levy goods belonging to the person who owes the tax therefore as I see it because the bailiffs are acting on behalf of the HMRC they should not be entering your house but I may be wrong on the last point and someone else may be able to advise further on this. Is your son living with you or is he just staying with you temporarily?

 

If there is a possibility that the bailiff may try to levy on goods which do not belong to your son (yours or other members of the family), if possible, you should draw up an inventory and warn the bailiffs that they will be liable for costs if any goods are wrongly taken. You should, where possible, provide documents to support the inventory, for example, receipts or family letters. If the goods are on hire purchase or a conditional sale agreement, you should provide a copy of the agreement. Evidence about the ownership of vehicles can be obtained from the Driver and Vehicle Licensing Agency (DVLA). if your son has a car, then this may be levied against so might be worth ensuring that this is not around when the bailiffs come calling. Even without proof of ownership write up an inventory of your items anyway and show this to the bailiff (only if they get in to your house that is) tell them you own the items and they will be liable if they wrongly take goods. Have you made an inventory for your house insurance already?

 

Regarding the issue of income tax, you could try the citiziens advice bureau for further advice regarding this as it does seem unfair. I will have a look at what I can find out regarding dealing with the IR if it helps as it may still be worthwhile trying to deal with them to stop them pursuing your son for this debt. Chin up.

[babsefc2002]

Thank you very much Billy, your advice is greatly appreciated. Am going to have something to eat now but will be back later for any more updates

[Guest MizzPiggy]

Hi babsefc2002

 

You have already been given great advice from Billy Hunt so I won't add to what he has written.

 

They cannot levy on your goods with the warrant in your sons name. I realise the words are little comfort when you have the threats and the Bailiff is imminent, but I assure you the scare tactics are just that.

 

It is not in the Bailiffs interests to gain payment by installments as they are paid by the full amount collected. They will make demands and as we often say, rant like children and threaten, however, fact is that negotiations are possible and we have proven it time and time again.

 

With the debt in dispute and not being managed correctly by Inland Revenue it is often hard to find the right person to get action on the matter. We do have a direct contact for Inland Revenue if you would like to try or we would be more than happy to try and negotiate for you if you feel you are worn down by the merry go round of trying to find the right people to deal with or get the answers you are looking for.

 

Billy was right though, nothing that is yours can be levied on, only those items of your sons. Don't open the door. The Bailiff can only get a warrant to break into your home if several attempts are made to make contact and you are directly avoiding the debt and the issue. This does have to be justified.

 

If you have vehicles, make sure they are out of the way for Saturday till you know where you stand on the matter, make sure all doors and windows are locked as stated, you do not have to let them in.

 

Drop me a line if worried and happy to send links to facts and law that will show you and reassure you of your rights.

 

Alison

[babsefc2002]

Hi Alison,

 

I'm Andrew (barbara's son)

 

Thank you so much for your reply and also offering your help.

 

I would be very grateful if you could help in speaking with the Inland revenue on this matter as I've tried with no sucess. Which would be the best available way of giving you the information?

 

I would be more than happy to donate money to your orginisation if we are successful in this.

 

Thank you again for your time and words of comfort

[Billyhunt]

Andrew, if Alison is unable to help, then the next best option may be to contact TaxAid. They are a London based charity which provides free and independent advice and assistance to people needing help with tax. For example, tax arrears, self-employment, tax returns and HM Revenue and Customs administration and complaints. The service is intended for those who cannot afford to employ an accountant.

 

Telephone advice can be given and interviews can be arranged by telephoning the TaxAid helpline on 020 7803 4959 between 10am and 12 noon, Monday to Thursday.

 

TaxAid

Room 304

Linton House

164-180 Union Street

Southwark

London

SE1 0LH

 

Good luck.

[Guest MizzPiggy]

Posted a reply to you Andrew.

 

Awake till midnight working on a case so feel free to email me.

 

Alison