Help Please !!

[fedupnindebt]

I am in debt with council tax, this was passed to Rossendales and i made arrangement to pay, i defaulted once and they accepted another arrangement. In April i came out of work (through no fault of my own i was bullied and ended up severely depressed and on antidepressants and had to leave) I sent a letter recorded delivery before the the date payment was due, a week later I received a letter sayin it had been passed to the bailliff as i had defaulted again. I phoned them and told them i had explained I am out of work and on benefits, they had no record of this letter so I gave them the receipt number from the post office. A short time later they called me back and said they had found the letter and would put things on hold for a week. I called back a week later and was told it had been passed to the bailliff with the van as I had defaulted. I rang the bailliff and he said that as I had defaulted twice he would call this week to 'see what we could sort out'. I phoned my council this morning, they rang rossendales then phoned me back saying as I had defaulted twice and it was now with the man with the van there was nothing they could do. Can anyone please offer me any help and advice on this, as someone who is suffering from depression at present I am at my wits end as to what to do????

Many thanks in advance
Scared !!

ps .. we do have a car on the drive that is subject to a HP agreement and is also used by my partner who works few hours a week as a driving instructor

[Amy]

Re: Help Please !!

Has the bailiff previously been into your house?

You should keep paying, something is better than nothing and really you should just pay the council although they will say you cannot do this.

Have a read of this if you haven't already done so Bailiff Guide - Legal Beagles

[fedupnindebt]

Re: Help Please !!

The bailliff has not been in the house, nor to my knowledge has he ever called (never any hand delivered letters?) the woman at the council was really abrupt with me saying 'well you should not have defaulted' etc, i know that and fully appreciate this is no fault of my own but all i was asking was for help. I cant deal with this emotionally at the moment but she didnt seem to care

[Amy]

Re: Help Please !!

To be blunt here, you are going to have to deal with this - it won't go away and we will help all we can.

The bailiff not having entered your house is very good news.

How much do you owe in council tax? How much is the bailiff saying you owe?

[fedupnindebt]

Re: Help Please !!

The letter from rossendales states i owe £650.59 and this amount was confirmed by the council this morning so i presume they have not yet added charges?

Do i answer the door closing it behind me so not let the bailliff in? and see if he will come to some arrangement or do i ignore the knock at the door? i just want to get this paid off but an at a rate i can afford, I am on benefits and have 2 children so money doesnt stretch far

[WendyB]

Re: Help Please !!

No, don't answer the door. I think best advice is to speak to them through an upstairs window. Amy is the best one to advise on this though.

[Amy]

Re: Help Please !!

You should write to the council explaining the above - not telephone - write to them and enclose a payment if you can.

Do not answer the door to the bailiff at all and do not call him again. If the bailiff cannot get you to pay him he will simply hand the debt back to the council.

You are worrying about nothing. There is nothing he can do so long as you continue to deny him entry.

[fedupnindebt]

Re: Help Please !!

Thanks Amy, I will write to the council immediately and send them what i can afford, in the meantime ignore the door !!
With regards to the car, can he levy on this if i dont answer the door? as i said it is on HP and i have the documents to prove that, but without answering the door he wont know that? Thanks again your advice is appreciated

[Amy]

Re: Help Please !!

They can levy on a car and this is easy for them as they obviously don't have to be allowed entry to your home.

However, that said the car is not yours as it's financed but it is not up to the bailiff to prove or disprove that it's yours; it's up to you to prove that.

It would be prudent to move the car away from the house, especially if you have a driveway, so it's not immediately obvious that it belongs to your house. This would also negate the need for you to speak with him should he try to levy on it.

I would send the Subject Access Request letter (in the link I gave you earlier) to the bailiff, as they will doubtless have added fees. Also, as you have his name, telephone the Ministry of Justice and check that he is certificated (details also in the link given earlier).

[Luminol]

Re: Help Please !!

Hey Fed up, I just wondered, Have you since April applied for Council Tax benefit? because this should be back dated. Or are we just dealing with prior arrears?

Thx Lumi x

[fedupnindebt]

Re: Help Please !!

hi luminol its prior arrears I am now in receipt of council tax benefit.

Ok my dad spoke to the solicitor that deals with his finances he said due to us being on benefits and my history of severe depression we are classed as in vulnerable situations a clause stated in National Standards of Enforcement Agencies. So I have just written to Rossendales outlining this and asked that they hand the debt back to the council in order for it to be paid through my benefits, I have also written to the council explaining my letter to rossendales and enclosed a cheque for £40 this is the most i can possibly offer them right now. Both letters where sent at lunchtime recorded delivery so suppose its just sit tight and wait to hear back, meanwhile ignoring the door .. the car btw is now on a neighbours drive.

[Amy]

Re: Help Please !!

Excellent, well done xx

[fedupnindebt]

Re: Help Please !!

Hi again ... recieved a letter from rossendales this morning saying they will proceed with the execution unless otherwise instructed by the council and that i should therefore contact the van bailiff???? checked my bank this morning and the council have cashed the cheque i sent them ... so now i'm unsure as to what next .. do i keep hiding??

[Amy]

Re: Help Please !!

What execution?

He hasn't been in your house, therefore, he has no valid walking possession order, therefore, he can do nothing.

He can turn up with as many vans as he likes.