Bailiff query...

[penski]

Just had my neighbour at my door in tears and unsure as to what to do so please forgive me if I'm a bit sparse of info at this moment.

She returned home from work to find a letter marked 'notice of bailiffs attendence' (sic - the letter is pockmarked with atrocious grammar).

It is for nearly 1500 in council tax for the current year.

My understanding is that if she goes to the council offices in the morning, she can sign an agreement for 100 a month (all she can afford), pay the first payment and the council should then recall the bailiffs.

Is this correct?

Furthermore, am I right in thinking that as long as she flat-out refuses entry to bailiffs (this is her first contact with them), they have no right to enter her property? Also that she should sign NOTHING...?

Thanks for any advice - I'm going round later to see if she's okay (she's nearly 60, walks with a cane and works like 16 hours a week at a newsagents. No living relatives either :/)...

*n

 

[penski]

You actually feel sympathy for this tax avoiding scrote? I hope she's hot .

She has been a good friend this year and although yes, she should be paying her council tax on time, I owe her many favours so I said I'd try and find out what's what for her.

*n

 

[penski]

She should be able to come to an arrangement with her council to pay the outstanding in instalments. This is likely to be via a Creditors Voluntary Arrangement - this will damage her credit rating and she's unlikely to be able to get credit for a while, but it'll keep the bailiffs at bay.

However, bear this in mind: on top of having to pay becak her outstanding Council Tax, she'll also have to be paying her current council tax. Can she afford to do so? If not, she should be having a closer look at her finances and seeing what can be done.

And if she can afford £100 per month, why did she not pay it in the first place?

She had a hip op at the start of the year (hence the cane) and used her savings to pay mortgage, fuel bills etc ('I didn't want to bother anyone, dear'). She's been back in work for around a month now. I didn't want to press the 'you should have paid' thing as she was extremely upset.

Thanks for the info though I'll go with her in the morning.

*n

Edit: Re: hours worked, she will be doing more hours as her health returns. Her GP says he expects her to be back to full time by Feb if she keeps up her physio

Re: benefits, I don't know - I've had a 30 minute chat with her over a cuppa. Most of which was trying to get her to calm down. Will try and get more info when I go round at 9.

 

[penski]

Essentially it's the only debt she could be given a custodial sentence for not paying. That said, there's a clause. If she has made an effort to make regular payments nothing will come of it (read, she cannot be sent to prison if she has made a reasonable effort to clear the debt).

Thanks for the reply

So if she sets up payments tomorrow, she will avoid prison? She hasn't made a payment yet for this year.

She needs to send money to the council. It doesn't matter whether it's £10 a month or £100. So long as it tallys up with what she can realistically afford. If they disagree with the amount after she has completed income assessment forms (she will be asked to do this) then she will either need to renegotiate or continue to pay her minimum amount. Either way so long as she makes regular and reasonable (in relation to income and outgoing) payment she'll be fine if and when it goes to court.

As for the bailiffs. They CANNOT gain entry unless they are allowed into the property (unless they have a court order, which will not be granted if she's made token payments to the council). Under no circumstances should she open the door/ground floor window to them, and certainly NOT let them enter the property to perform a walking assessment or whatever it's called (basically they list the house contents, and put her over a barrel, as they can then come back and take the stuff as and when). She should also strictly NOT agree to any form of payment scheme with them. The debt will be passed back to the council, at which time it will be noted that she has been making regular payments. She should NOT pay the bailiff firm a penny, only the council.

It's been a few years since I've researched this (and I should note lol, it was for an ex girlfriend!), so head over to consumeractiongroup for some very sound advice (and easy to search/navigate threads relating to this, there are lots).

Either way arm her with knowledge dude, the main thing is to calm her down and empower her sot hat she doesn't cave to the bayliffs. If she does she's potentially screwed.

Her only contact with them thus far has been the letter they left. I knew the 'walking list' thing which is why I've told her not to communicate with them.

*n

 

[penski]

Ideally she should take it home and do it, so that she can send her first payment as a postal order actually with the form (sounds odd, but this was what my ex was advised to do, and it did work. If she fills it in there and then she'll have no opportunity to make a small initial payment (she'll be asked to set up a direct debit etc, which will take weeks.

Does nobody deal in cash any more?

*n

 

[penski]

A quick update - I popped 'round earlier. She had calmed down a lot which was good.

She has doctor's correspondance for arranging surgery and physio. She is going to get a defined letter stating reasons for nonpayment tomorrow.

We're off to the coonsil tomorrow afternoon. I'll update with how it goes.

Bonus: 'You and Laura are so good for me. I've got a lot of time left in me but I'll take care of you when I'm gone...'

I told her not to be daft.

*n