First Bailiff call

[poorbarry]

Hi there,

Niddy from all-about-debt suggested I contact you with this issue as below, I've attached a copy of the notice.

3 years ago my mother died leaving her house to me and my sister. However her live in partner who was ill and claiming sick benefit lived with her and in her will she requested that he stay rent free until he died. He paid the bills etc (there was no mortgage). He died just at the start of the recession, the house was in a dodgy suburb of Newcastle so not appealing on most fronts. I put the place on the market but only after taking out a bridging loan secured on it (at the time I had no idea how bad things were to get). We had to pay council tax (50%) whilst it was empty awaiting sale as well as all the other things, utilities, insurance etc. Anway, we managed to sell the place last year at a massive discount to what we originally marketed it for but with outstanding council tax to date of £531.93. I had made an arrangement with Gateshead Council but I couldn't keep up so yesterday we had a bailiff call with a notice. What do you think ? Do I ring and negotiate a payment plan with them, if so what are they likely to expect me to pay and if I can't pay what they ask what do I do ?

Regards,
PB

[Amy]

Re: First Bailiff call

Have a read here of our guide Bailiff Guide - Legal Beagles Consumer Forum and think about sending a SAR (link in the guide) asking them what "plus costs" means.

[poorbarry]

Re: First Bailiff call

Hi Amy,

Thanks for the guidance. I've just read through the template shown in the subject box, the one that starts;

I refer to recent correspondence.
XXX Council has appointed you to recover my Council Tax Liability arrears for 200x of £xxxx.

This would seem appropriate for me as I know I have to pay and will pay in increments and it still questions any charges that may be brought. My question is, the council have corresponded regularly with me by email and have offered Rossendale's email as a means of communicating thus avoiding phone calls. Is it correct that I could email the letter to both or is normal post the only valid way ?

Thanks
pb

[Amy]

Re: First Bailiff call

You should be careful here because the bailiffs will have added charges, fantasy ones, but charges nonetheless and you should deal only with the council.

If Rossendales have not visited you, then there are no charges to be added to your account, they will just hope that you do not realise this.

Email is fine, as long as your keep a record.

[poorbarry]

Re: First Bailiff call

Thanks Amy, you can see what was delivered by hand to me in my first post above so Rossendales have said they'll be charges but not how much. I will keep a complete email record.

Just so I'm clear, are you suggesting I ignore Rossendales visit/letter and just email the council ? I ask because the template is directed at the bailiff...sorry if I'm being stupid here.

Regards,
pb

[Amy]

Re: First Bailiff call

Can you resume the payments that were missed?

If so, you should pay these direct to your council and make an immediate payment if you have not already done so. If you ask their permission to do this, they will simply tell you they cannot help you and that you must deal only with the bailiff - this is untrue.

As for the bailiffs, I would send them the SAR and let them explain to you their costs.