Council Tax

[saxy_jag]

Earlier this year we missed a couple of council tax payments, so the council terminated the agreement demanded the entire amount (about �1000) which we couldn't pay all at once.

The debt has since been placed with a firm of bailiffs. They have written to us, and we sent them a form detailing our income and expenditure and pointing out that we can't afford much more than about �90 a month, which is approx what the original payment was anyway. If we stretch, we can possibly afford slightly more. We've also told them that they can apply for an attachment to earnings order if they like.

However, the bailiffs, following a visit at which they didn't gain access, wrote back and asked for �250 within the fortnight, followed by three monthly instalments of �250, in cash, via post office or bank counter. They seem to have ignored everything we've sent to them or told them. We tried to set up a standing order for what we can afford, but the sort code on their paperwork isn't accepted by our bank.

Now we have a letter to say that they're calling with a van next week, and unless we pay �250 then, they'll enter the property and seize goods to the value of the debt (which would be pretty much everything we own, because everything we have is old or secondhand and not worth very much at all).

Contd.

[Upforit]

Firstly, have you been back in contact with your local authority to which you owe the money? Offer them directly the terms under which you are offering to pay. Usually, they will be interested in getting their money, not in demonising you. Have you been to citizens� advice? If not, do so. They are very good with this sort of thing. If the bailiffs take your property, they will sell it, not at a very good price anyway. Whatever money they make from the sale will be offset against your debt, which will probably not reflect the value of the goods. You will still be liable for the balance. You said the bailiffs did not gain entry. Can I tell you that if the bailiff managed to get a foot over your threshold, with your agreement or not, this is deemed a legal entry. The bailiff will need a court order, if this is not the case. Do not be bullied by them. Insist on a court order. Even if they have one, they are likely to leave to get the police, giving more time for you to agree a payment plan with your creditor. Leave the premises and lock the door behind you to argue with them. They are unlikely to force an entry under these circumstances. Usually, and legally as I understand it, the first visit from a bailiff is to itemise goods to be sold, and is not normally done with a court order. This is to gain access, itemise the goods to be seized and is then a legal entry which can be used against you when seizure of the goods is to take place. Please, I implore you go to your local citizens advice first thing Monday morning.

more below.....

[Upforit]

Consider stopping at your local authority first to try to agree some sort of payment to hold off the bailiff. Even if they insist on more money than you can afford, agree, get a written statement from them saying you have reached an agreement. Show this to the bailiffs. Then go straight to the citizens� advice and ask them to help you. They will, and will not be judgemental. In any circumstance, do not let the bailiffs voluntarily into your house. I am not suggesting you physically stop them, but it is possible to make things difficult for them. Passive refusal to co-operate. At the end of the day, what have you to lose? You are already in a very precarious situation. What possible harm can taking my advice do?
Whilst I do not condone illegal activity, I understand the pressures of today�s society and will help where I can. Consider inviting family and friends on the day the bailiffs are due to come. They have to tell you when. They do not like confrontation, even passive. The Scots did this very successfully with the poll tax.
May your shadow never grow shorter. Please post back. Your success may help others in a similar situation.

[saxy_jag]

Thanks for your support. See my other answer in the continuation of this, above.

Basically, I have tried every avenue possible to hold them off - neither they nor our council want to know. CAB are virtually non-existent where I live. They had a big staff bust up some years ago, split into two factions and in the end the whole place was closed down. Even when you can find them, they are decidedly unhelpful.

We've decided to try and scrape the money together just to get them off our backs. However, payment will be on our terms, not the bailiffs'. They've asked for the instalments every four weeks. SInce the demand arrived after payday, I don't see how we'd be able to give them their money before the next. Well, they'll get them every month and like it, and they can go whistle for their van fee - that's their choice, not mine. When they sent their demand, they gave us a fortnight to make the first payment.

We're not trying to get out of the debt, it's just that because we have a previous 'history' of this sort of thing, the council didn't warn or negotiate - just said we'd broken the agreement and so they went in for the kill and sued for the lot - which we don't have. I wouldn't mind, but since the agreement was for ten months, then they could have still had the missing payments before the start of the new tax year.

Don't worry. Co-operation is the last thing they'll get from me. I can be bl**dy stubborn when I want to be.