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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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To feel up to my neck in it ... Any advice?

199 replies

Leavingsosoon · 16/10/2015 17:51

I'm not panicking, but I could do with some rational and kind help with some stuff.

I am a lone parent. Am on maternity leave at the moment.

I seem to be in a really difficult position where I have essential stuff that needs paying and as soon as money comes in, it's whisked back out again - on top of that, I've come home today to a letter shoved through my door demanding money for non payment of council tax from 2013 Hmm God knows what's happened there. Obviously, it's an old debt but it's now massive due to bailiff fees.

I suppose I'm wondering firstly what to do about that but also, if anyone else has ever been in a similar position and how you got through it? I know things will be OK in six months time when I'm working and when other stuff is sorted but now it's still all over the place and a bit shit.

OP posts:
ahbollocks · 18/10/2015 07:45

A bailiff cannot arrest you. And you will only be arrested for non payment if it is willful non payment, as in, you tell them you won't pay them a penny. If you arrange a payment plan with the council (they have to take it back if you are vulnerable ie- a lone parent) then you will be fine

Leavingsosoon · 18/10/2015 08:15

I'm so relieved it isn't just me this has happened to.

I'm not just being awkward - I have said I will take some of the advice relating to the CAB and so on. The problem with calling the bailiff (well, I have no phone but conceded that's not an insurmountable problem) is that even if they were willing to set up a payment plan, which is unlikely, they will expect some payment to be made now, today, and I just don't have it.

The problem is that you end up in this crazy situation where NO ONE will listen to you - council are 'well we've passed it to the bailiffs, speak to them' and the bailiffs say 'well you need to contact the council.'

As I say I will pay it, I suspect I shall have to, but having waited for four years I imagine they can wait another 2 weeks. Problem is, it's like a snowball as that'll put me in difficult midway through November.

OP posts:
pinkandstripey · 18/10/2015 10:34

Have you read the money saving expert threads about dealing with bailiffs? You're getting a lot of conflicting advice here. Technically you can go to prison, and people do very very occasionally (there was one where I used to live who was using it to raise an issue about the council doing nothing about drug use in the street near her house - that was very wilful non payment tho, and she only went to prison for a few days), but that's not you.

Bailiffs do not go away, they can come at 7am before you leave for work/school. I think you said it was a handwritten envelope? That means they have served all the relevant letters (I know, you haven't seen them), and the bailiff has been round.

He will come round, do a walking possesion and leave with a payment plan in place.
www.dealingwithbailiffs.co.uk/walking-possession-agreements.htm

There is loads of great advice online about dealing with bailiffs. Get your head out of the sand and deal with it. Hiding just makes things worse. The CAB won't tell you anymore than this.

RNBrie · 18/10/2015 10:41

Is it really true that the council have to take back the debt if you're a vulnerable person ahbollocks?? That would definitely be a good route to pursue OP.

Leavingsosoon · 18/10/2015 10:48

It's not hiding my head in the sand: they are asking for money, I have none. They will just have to wait.

OP posts:
TattieHowkerz · 18/10/2015 10:58

I once had a council tax debt go to bailiffs (had a standing order but council had given the wrong code). Anyway, bailiffs were perfectly polite and reasonable, and happy for payment in installments by direct debit. You could maybe sell something to get money for first payment, allowing you time to save from whatever income you have. Go to a food bank so you don't have to spend so much on food, nappies etc. also try your local free cycle for nappies an unopened formula. You can put up a request.

Get support from a debt charity, but please contact the bailiffs. The turning up and taking your stuff scenario is most likely if you ignore them.

Leavingsosoon · 18/10/2015 11:01

The thing is tattie, they would expect some money when I rang up. I don't have anything to sell, really, other than the piano which isn't worth much. I breast feed and use cloth nappies as it is. Going to a food bank isn't going to produce £450, it won't even produce the £100 or so they'd demand from me.

Like I say, they'll just have to wait. Since they've waited three years or so I don't see why waiting two weeks is an issue but it will be. I don't think they'd accept part payment anyway to be honest.

OP posts:
OutToGetYou · 18/10/2015 11:06

I didn't say it was imprisonable to scare the OP, nor is prison romotely likely, but it was in response to someone who said it's a civil matter. It's not.

OutToGetYou · 18/10/2015 11:08

Hmm, a homeowner without a mortgage. Maybe they could put a charge against your home for it, then they get it when you sell?

Leavingsosoon · 18/10/2015 11:36

I don't know, Out, I imagine it's more likely they will clamp the car or something, but they really do have to just be patient for a fortnight.

OP posts:
BeccaMumsnet · 18/10/2015 11:42

Hi all - we're going to pop this thread down shortly as we have some doubts about the OP.

BeccaMumsnet · 18/10/2015 13:35

Hi all - we've taken a closer look at things and been in touch with the OP and it looks like we were a little hasty on this one Blush

We're very sorry OP and we hope everything gets sorted asap Flowers

Leavingsosoon · 18/10/2015 13:42

That's really gracious of you BeccaMumsnet thanks, and I am sorry if anybody was annoyed by my post or if anybody felt I was being untruthful.

OP posts:
TattieHowkerz · 18/10/2015 13:57

I'd still advise you to contact them. If you don't show any response or plan things will escalate. My experience is that they would rather get the money in installments than keep chasing someone, seizing property etc. Also, food banks might not give you everything, but if they could get you to the end of the month you could give the bailiffs10% now. You sound a bit defeated which is perhaps stopping you from trying to make a realistic plan. Anyway, I hope you find a way forwards.

ilovesooty · 18/10/2015 14:10

I think you should contact them too. Part payment even if you offered them a very small amount with the willingness to cooperate with a payment plan is better than ignoring it, which has the potential to turn nasty.

Leavingsosoon · 18/10/2015 14:18

I know, but if they won't accept it, what should I do then?

I know it sounds really silly but if I don't pretend I saw it I can pretend I was away or something.

OP posts:
Leavingsosoon · 18/10/2015 14:19

Too many pretends but you know what I mean.

OP posts:
ilovesooty · 18/10/2015 14:21

If they said no, and I don't think they will, the consequences of ignoring it are much worse. Call them first thing tomorrow.

Leavingsosoon · 18/10/2015 14:22

But what do I do if they do say no? I'm really worried about this.

OP posts:
TattieHowkerz · 18/10/2015 14:24

They won't really care if they turn up to take your stuff and you say "oops, I was away". You need to face up to it. It really will be better that way.

Leavingsosoon · 18/10/2015 14:28

Yes but I meant if I call them in 2 weeks and say I was away that's why I wasn't in touch before. But if I ring up they might come round immediately.

OP posts:
ilovesooty · 18/10/2015 14:28

I doubt they'll say no but it really will be much more unpleasant if you don't call them. Explain how you do propose to pay in due course. Write it down before you call.

Leavingsosoon · 18/10/2015 14:29

Thanks, that's a good idea re writing it down.

OP posts:
ilovesooty · 18/10/2015 14:29

They'll be much more likely to come round if you don't call.

ilovesooty · 18/10/2015 14:30

If you write it down you'll feel and sound much more in control.

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