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Query - laura 2010-03-08 17:53:29
 
I have a baliff about to call at my house for council tax debt I have contacted them regarding this and explained my situation which is;
I have a debt management plan and thought that thisd was paying off the debt so all correspondance they sent me i passed on to the debt management company turns out they weren't paying it and the baliffs won'tlisten to me they want £1000 up front by 5 o'clock to stop the baliffs calling. what my rights are and how i can stop this!
Cheers

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Re:Query - simon wiggins 2010-03-09 12:21:56
 
Hi Laura and thank you for your interest in our site.

However I think you misunderstand this sites purpose, which is to assist people in multiple debts they can’t pay and to advise them on various debt solutions available to them under UK law. We do not advise the general public on any other matters such as bailiff rights etc so your query is outside of this remit.

However I would comment that usually the first tactic to adopt is to make sure that a bailiff never gains entry to your home as they don’t have any right to force entry for council tax debt & most other debt matters save magistrates courts fines at present so they wont be able to get any goods or possessions as long as you remember this unless you allow them in. All you need to remember is that they can come in open or unlocked door or window or if invited in but can’t push past someone opening the door to them. If they don’t get in then your stuff can never be at risk. If a vehicle is under threat it must be kept elsewhere preferably in a locked garage on another property as when they cant gain entry to a home they look to levy on the debtors vehicle in many instances.

What they will and wont accept will be determined by the contract they have with the local authority involved so any offer (if you have made one) may be outside of this in which case they will never accept it. If so try contacting the local authority and try to show that you are a vulnerable case and that you would be caused severe financial hardship by this action and cant afford more than you’ve offered to pay already or even your local councillor which may help matters when they get involved. They may have the facility to take this debt back from the company concerned, or instruct them to accept your offer. I assume that you have already made a claim for council tax rebate which can be backdated for up to 3 months these days with a good reason for not claiming earlier as this could reduce the debt substantially.

If I was in your shoes I would get a local money adviser, debt case worker, or student union adviser to help me draft a sustainable financial statement and base any offer you may be making to the bailiff company on it. At the same time contact the council explaining her circumstances as outlined above as well as enlisting the help of your local councillor or adviser to back up the request. If no valid council tax benefit claim has been made then as mentioned that’s a priority too for which you can arrange local help via any local advice agency in your area if needs be.

Alternatively you may be able to wipe this debt out all together taking out of any bailiff’s hands so discussing debt solutions is also important with the local adviser that takes on your case

To help you further I have sent you some in depth info re bailiffs and council tax collection, which I hope you will take the time to read. However at the end of the day if they refuse they have the right to levy on your good sand property including a car so keep it as outlined above from now on Take time off work to sort this out if needs be or you may not be able to get to work any longer if your transport is sold at auction !!! & act quickly i.e. today

For any further advice you could try posting on our open debt forum

http://www.debtquestions.co.uk/debt_forum/

or contact

www.bailiffadviceonline.co.uk

who are the experts in this area.

Good luck & let us know how you get on

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