Bailiff's Call

[chrissa1]

I had a phone call yesterday from a Bailiff who had called at my now semi empty old house. He called about some arrears of Council Tax that I thought had been sorted out with the Council following my husband's death.

My question is.... should I let him have access to the house so that he can take whatever is there? There is a large oak table, a 6' diameter circular table and a three piece suite that I was just going to send to the salerooms so in way he would be doing me a favour.

Also am I right in thinking that if he finds out where I am living now in a rented property, he can't enter this property? Any advice would be gratefully received.

[maclarencat]

How very true that is bednobs.

[chrissa1]

I've just rung him and he's coming to my new address as he'd found out where I'm living now. He won't get in the door though and my car which is in my son's name will be parked up the street.
I'm a bit teary as I now have to face this man by myself.

[bednobs]

if you open the door, they can stick their foot in and come in

[chrissa1]

The porch on this house has a "child lock" that only allows the door to be opened about 2 inches. That wll be firmly on.

[maclarencat]

Chrissa dont let him in . Just ignore his knocking say go away I am not talking to you. You do need to sort this out though . Do you really owe these arrears ? Is it that your council tax benefit was not worked out properly when your husband died. If you do owe them then can I suggest you write to the council explain you are living on benefits and offer them £5 a month for the arrears. Be strong all will be well eventually

[chrissa1]

Thanks maclarencat. I will do that.

[themas]

Chrissa

You've had some good advice here. Make sure all door & windows are locked, as he could get in through them if he can do so without breaking in. Definitely do not let him into your present house. Talk to him at the door if you must but just to tell him you have no income, are living on benefits & cannot pay him. I trust you mean the car is registered at DVLA in your son's name - if it is registered in your name then he could well make an effort to find it. Whatever - keep it well away from the house - not just up the street.

Rossendales - in common with a lot of bailiffs - can be aggressive & belligerent. Do not lose your rag with him, but just politely ask him to leave.

You cannot let the situation continue. You need to come to some arrangement to repay the money over a period of time. It is possible the Council could do this by deduction from your benefit, & there are legal limits to the amount they can deduct. Talk to them about it.

If you want to let the bailiff have the stuff in your old house then do so, but I doubt whether it will make much of a dent in the amount you owe. But I would not let him go into that house without you - or your son? - being present.

[chrissa1]

Thank you Themas. I will do all as you and the other posters suggest. I had a talk to the Council this morning and they mentioned about my Benefits being used to pay off the debt. However, as I told them this morning, I have yet to hear exactly what benefits I am entitled to. I will ring them again tomorrow. My car IS registered with the DVLA in my son's name and will be parked at his house that day.

Why do you say that I or my son should be with the Bailiff at the old house?

[chrissa1]

The Bailiff has just been and really tried (nicely) to come into my house. When I explained that I had been in contact with the council and that they were sending me an income and expenditure form to fill out and that I was on benefits and was going to repay this debt via those. He told me to get the council to put a charging order on the house then. I said that he could take what was left in the old house and he said that the furniture that was left wouldn't come anywhere near to paying off a year's council tax and away he went.

It just goes to show that these guys know what things are worth at auction, ie, nothing and that the whole system will never work and is just a threat and very scary and unpleasant.

[themas]

Chrissa

I've been away & only just seen your last post. I would never let a bailiff (or anyone else I didn't know, for that matter) into any property of mine without being present myself or having someone I trusted there.

You say the bailiff mentioned a charging order, so I assume you own the old house. If that is the case I also assume you are trying to sell it (or is it being repossessed by the mortgage lender?). The Council could get a charging order, but there's not much point in them doing that unless there will be some equity left in the house after the mortgage lender has been paid.

Your best bet is to pay by deduction from benefit - when you know what benefits you are getting!

I agree bailiffs can be scary - they would try to justify their approach by saying it is warranted when they are dealing with the "won't pay" debtor rather than the "can't pay" - which latter of course includes you. The trouble is that all too often they don't in practice differentiate between the two.

[chrissa1]

Thanks Themas.

[dotty.]

chrissa, the council have a fund that they can draw on for people in your situation, they can access it but you have to ask them, ask about it.