Worried mum

[sarah-wright3]

I got a phone call today from my step daughter who was scared witless as she had baliffs on her doorstep from an unpaid council tax bil from last year.

I phoned these people on her behalf and tried to come to an agreement but they wanted £200 today and from then on £50 a month.

My daughter is an apprentice hairdresser and cannot find £200 just like that. I offered a £100 and they turned me down flat. Are they allowed to just enter your home without your permission. My daughter is very frightened.

Would appreciate any advice

Thanks Sarah

[Caspar]

Re: Worried mum

My daughter is an apprentice hairdresser and cannot find £200 just like that. I offered a £100 and they turned me down flat. Are they allowed to just enter your home without your permission. My daughter is very frightened.

Would appreciate any advice

Thanks Sarah

First and most important thing - DO NOT LET THE BAILIFFS IN! Lock the door, shut the downstairs windows and do not let them in under any circumstances. They have no right to force entry, but can enter peacefully through an unlocked door or open window. Also make sure that your car or anything they can levy on is not left outside, park it a couple of streets away.

First thing in the morning, phone the council and ask how much the liability order is for and post it up here.

The bailiffs cannot force entry under any circumstances at the moment, so don't let them in! Make any payments to the council and clear the debt asap. You may need to use their automated payment system via phone or on line as they are unlikely to accept the payment at a council outlet.

Once we know the LO amount, then perhaps you'll be able to help her work out how to repay it asap. Regular payments on a weekly basis are ideal for setting up a reliable, fast repayment record. Meanwhile keep evidence of everything the bailiffs may do. If possible record conversations, video actions if you can (most modern mobiles give both these options). They will come unstuck by overcharging, not acting as they should, not leaving correct information on calling cards etc.... You are then in a much more powerful position to get the council to recall the debt.

[sarah-wright3]

Re: Worried mum

Ok thanks very much...will do all that.

[WendyB]

Re: Worried mum

First and foremost, read this Bailiff Guide - Legal Beagles Consumer Forum

then come back with any questions. Which bailiff company is it?

[sarah-wright3]

Re: Worried mum

Its Dukes and I will read it thanks.

[Swingletree]

Re: Worried mum

Also have a read of this The Collection Enforcement Recovery of Council Tax - Legal Beagles Consumer Forum

[sarah-wright3]

Re: Worried mum

Hi, the LO order is for £285.00 and the rest is baliffs fees (400.00 roughly)

[Caspar]

Re: Worried mum

£400 bailiff fees or £400 being demanded by them in total (-ie- £115 bailiffs fees)?

Do you know how long your daughter has been sitting on this and whether she has had anything at all from the bailiffs before?

While finding out answers start trying to make payments direct to the council using telephone or computer. Try to make the same amount, like clockwork, every week on the same day. You're after establishing a quick repayment record with them!

[WendyB]

Re: Worried mum

The problem with paying the council direct is that they tend to take it off the current year's council tax rather than the arrears. So if you do this, you must make sure to do it in person and get it allocated to the correct year, otherwise you will be in no better position, this year's will be up to date or in front, and the arrears will still be there. Also, any legitimate bailiff fees will still be outstanding.

[CleverClogs]

Re: Worried mum

Is there such a creature as a legitimate bailiff? :tinysmile_grin_t:

[WendyB]

Re: Worried mum

Legitimate bailiff fees. Not legitimate bailiff, fees. Fees which the bailiff can apply which are legitimate. Legitimate fees which may be applied by a bailiff. Any more suggestions ?

[Caspar]

Re: Worried mum

Absolutely correct Wendy, but I'd rather have the bailiff fees outstanding and then sift through to find the legitimate ones and pay them, than have paid them and try to get them back.

Some councils are now claiming the right for bailiffs to collect their fees under the same LO.

[WendyB]

Re: Worried mum

Yes, never mind the bailiff fees, up to a point. But more to the point, if the payments to the council get allocated to the wrong year, the arrears will still be there, the debt won't decrease and therefore the bailiffs will just keep turning up and giving grief, and adding on even more fees and causing more hassle. So you might as well identify the correct fees in the first place, and pay them, or, identify the incorrect fees and not pay them. Same difference.

The bailiff fees have always been taken by the bailiffs from the money collected first, before passing any money over to the councils, there is no change there.

A lot depends on which bailiff company it is, as to how easy it is to get the fees reduced/refunded/credited. Likewise the approach varies from council to council, too.

[sarah-wright3]

Re: Worried mum

Hi...I have done everything you have all advised, thanks. How do I find out what baliff fees are legit?

[WendyB]

Re: Worried mum

Have you read the bailiff guide? Once you have the breakdown of fees from the bailiffs you should be able to work out from the list in the guide which ones they should have charged.