Tweet
Hi, I'm new here, and really hope someone can help me...
To give a bit of background to our situation, here it is in brief:
Last year, my husband didn't pay our Council Tax. I was oblivious to this, and didn't find out until it was already in the hands of Bailiffs. I came home from work one day in January to find a hand delivered bailiff letter which is when I found out what had happened. My husband had entered into an agreement to pay the Enforcement Agency £20 a week, but he missed one payment, hence the home visit in January, demanding payment in full. I phone the Council and explained that we couldn't pay the full amount, and would they please call off the bailiff which they did.
Fast forward to Thursday. I drove home for lunch to find a man sitting in a van parked outside my house. I parked and as I passed the van he asked was I Mrs X, which I confirmed that I was. He said he was a Council Officer from the Council Tax department, and wanted me to sign a form 'renewing the payment agreement of £20 a week for the new financial year'. I said that I was uncomfortable signing anything, because it was my husband who dealt with these things, so he returned to his van to finished filling in some forms whilst I went into the house. A few minutes later he knocked on the door, I opened it and he handed me a sealed envelope and off he went.
I put the envelope to one side for my husband to deal with on his return from work the following day (he works away Mon - Fri).
So, on Friday my husband arrived home from work and opened the envelope which in fact wasn't forms 'renewing our agreement', but a Walking Possession order stating that our car would be seized in 5 days if we did not pay in full. I am livid that I didn't ask this man for ID when he claimed to be from the council, but hindsight is a wonderful thing. I am also livid that I went home for lunch that day; if I hadn't he wouldn't have seen my car
It turns out that my husband forgot to phone up to make last week's £20 payment, but before we were even aware of the Walking Possession, he had called them and paid both last week's and this week's in one payment.
I am now really worried and haven't slept since Thursday. I would really appreciate it if someone could give some general advice, and also address these particular questions. I have been googling like crazy, but there a few points on which I am unclear:
1) I have read that a Walking Possession can only be made once a bailiff has entered your home. This man did not enter my home, but I did open the door to him and accept the envelope. Does this count as gainful entry?
2) Can a Walking Possession be made on a car, even if gainful entry into the home is not granted?
3) I have hidden my car which is a pain, but I am still worried that he may find it. In it are my children's car seats, and I have read that they must not take items which belong to / are used by a child. Can/should this make a difference?
4) Can I make anything of the fact that he was dishonest about his identity? I do not have any proof, but would it be worth reporting his actions to anyone?
I have more questions, but can't think of them right now. Head is spinning as you can imagine.
Thanks in advance.
------------------------------- merged -------------------------------
Also, I am assuming that the 5 days notice includes weekends?
To give a bit of background to our situation, here it is in brief:
Last year, my husband didn't pay our Council Tax. I was oblivious to this, and didn't find out until it was already in the hands of Bailiffs. I came home from work one day in January to find a hand delivered bailiff letter which is when I found out what had happened. My husband had entered into an agreement to pay the Enforcement Agency £20 a week, but he missed one payment, hence the home visit in January, demanding payment in full. I phone the Council and explained that we couldn't pay the full amount, and would they please call off the bailiff which they did.
Fast forward to Thursday. I drove home for lunch to find a man sitting in a van parked outside my house. I parked and as I passed the van he asked was I Mrs X, which I confirmed that I was. He said he was a Council Officer from the Council Tax department, and wanted me to sign a form 'renewing the payment agreement of £20 a week for the new financial year'. I said that I was uncomfortable signing anything, because it was my husband who dealt with these things, so he returned to his van to finished filling in some forms whilst I went into the house. A few minutes later he knocked on the door, I opened it and he handed me a sealed envelope and off he went.
I put the envelope to one side for my husband to deal with on his return from work the following day (he works away Mon - Fri).
So, on Friday my husband arrived home from work and opened the envelope which in fact wasn't forms 'renewing our agreement', but a Walking Possession order stating that our car would be seized in 5 days if we did not pay in full. I am livid that I didn't ask this man for ID when he claimed to be from the council, but hindsight is a wonderful thing. I am also livid that I went home for lunch that day; if I hadn't he wouldn't have seen my car
It turns out that my husband forgot to phone up to make last week's £20 payment, but before we were even aware of the Walking Possession, he had called them and paid both last week's and this week's in one payment.
I am now really worried and haven't slept since Thursday. I would really appreciate it if someone could give some general advice, and also address these particular questions. I have been googling like crazy, but there a few points on which I am unclear:
1) I have read that a Walking Possession can only be made once a bailiff has entered your home. This man did not enter my home, but I did open the door to him and accept the envelope. Does this count as gainful entry?
2) Can a Walking Possession be made on a car, even if gainful entry into the home is not granted?
3) I have hidden my car which is a pain, but I am still worried that he may find it. In it are my children's car seats, and I have read that they must not take items which belong to / are used by a child. Can/should this make a difference?
4) Can I make anything of the fact that he was dishonest about his identity? I do not have any proof, but would it be worth reporting his actions to anyone?
I have more questions, but can't think of them right now. Head is spinning as you can imagine.
Thanks in advance.
------------------------------- merged -------------------------------
Also, I am assuming that the 5 days notice includes weekends?
)
Comment