To think that this lack of flexibility is just ridiculous?

[Sweetwatermelons]

Have a bit of a predicament. There is a lot going on here at the moment.

Seven years ago my dad died very suddenly, and he left a flat he bought to my brother and I. In that time, to be fair we’ve never had any problems letting it out as it’s a lovely property in a good location. However, we did get a bit stung a while ago and somehow ended up owing money to the local council.

I rang them and gave them my address and asked for a form to be sent to allow us arrangement to pay, as I was about to leave my job.

Unfortunately they sent it to the flat instead. I forgot about it (which I recognise is my error.) We then got contact from bailiffs who absolutely wouldn’t discuss any flexibility. They decided on a minimum amount p/m and it’s pretty high for me at the moment. And I genuinely don’t know how I’m going to afford it this month (not a begging thread.)

I am due back to work next month. AIBU to think more flexibility should be granted? And my main question is where I stand legally.

You can only afford what you can.

If this goes to court, as long as you are making regular payments, the court will be very unlikely to take any action against you.

I’d suggest setting up a standing order for whatever you can afford, even if it’s £1 per month (Althing a court may ask you to justify this with an income and expenditure form).

They’re being bullies, and they know it.

Your local CAB would be happy to help you with any letter writing you may need.

Post this in legal OP. Report your post to mn and ask for it to be moved. You'll get more knowledgable responses

They have already shown flexibility that’s what the repayment plan is. Get in contact, but they want their money. Legally it a a debt that needs to be paid.

Do you know what the money is owed for, and has it already been to court? Are the people chasing you bailiffs or debt collectors?

@HugeAckmansWife

Post this in legal OP. Report your post to mn and ask for it to be moved. You'll get more knowledgable responses

I deal with situations like this on a daily basis, and have done for over 15 years.

Thanks @GreenWillow - I’m worried about them taking my car or DPs, to be honest. That’s my main concern. I mean I’m sure if it went to court it would be found in my favour but in the meantime it seems all sorts of awful stuff could happen.

I could get it moved to legal, thanks. Just a bit stressed.

Yes of course - it’s for council tax, I think I said that in my OP? Sorry if I missed that off.

Why are you paying council tax? Wasn't that the tenants responsibility?

Could your brother help you out for a while ?

No, he’s not really in a position to help.

This is the source of all the problems to be honest as various people haven’t done what they were supposed to and I do include myself in that! But there was a period when it was unoccupied and that was our responsibility. Fair enough. But obviously typically you’d pay it on a monthly basis not yearly plus bailiff fees.

I had an unpaid council tax bill several years ago that went to sheriff officers (basically the Scottish equivalent of bailiffs). When I first called them they did tell me the figure they wanted for monthly repayments but when I told them I couldn't afford it we came up with a more manageable amount. I'd give them a call and tell them straight you cannot afford it, they can't expect you to magic up money out of nowhere. Failing that, I'd get in touch with Stepchange Debt Charity, they were really good at helping me out when I had debt however they were really busy, and I imagine even more busy now, so that won't be the quickest way of dealing with it. If the bailiffs won't negotiate an affordable payment plan with you, you could ask them to put the account on hold while you seek advice from Stepchange or another debt charity. They should do this though they're not legally obliged to (I don't think). Have you given any thought to selling the flat especially if your brother can't afford to help out with the bills.

OP, are you sure it hasn't already been to court? Is there a liability order?

Yes, I have explained this but they just aren’t budging. I think that’s the problem, they do expect you to magic money out of nowhere. Or at least to be so scared and intimidated you sell granny’s ring or get a loan at ridiculously high interest rates or whatever.

I’m just surprised there isn’t some sort of hold on things like this at this time. As I’m not refusing to pay or even the amount they want, I just ideally need it holding off for a couple of months until I’ve started my job (and been paid!)

You can’t pay what you can’t afford. Bailiffs don’t set a minimum term it’s agreed between parties. They can be extremely aggressive and word things to make you think you have no choice. As PP said as long as there’s regular payments being made they’re not going to go to court and even if they did a court is only going to order whats affordable.

Work out what’s affordable for you and set up payments for that. Tell them that’s what you’re doing (don’t ask, tell) and explain you’ll he happy to review in 6/9 months time with reference to your financial situation then.

If however it has already been to court that complicates things slightly but only in the steps you take not your options. Has it?

No idea. I presume so. I don’t imagine bailiffs would be involved if not.

OP if it is only a matter of a couple of months why don't you just get a very short term loan?
I think it's very difficult to be a landlord running a property if you have no back-up resources. In your position I'd sell up and realise whatever profit and stop trying to run a property and getting into hot water over minor things.

@Sweetwatermelons

No idea. I presume so. I don’t imagine bailiffs would be involved if not.

You really do need to find this out. If there's a liability order it means that you're at risk of having it enforced which could include removal of goods. Have the bailiffs visited your home?

No not visited my home. But I presume they must have been to court for it to reach the stage of bailiffs.

Dp is very anti debt so won’t be getting a loan.

I could only sell with my brothers agreement and he won’t.

Dp is very anti debt so won’t be getting a loan.
But you're in debt. This is about managing the debt you've already got.

Thanks but I need advice on how to keep them at bay if that’s even possible. No idea if it is. Probably not.

You've had that advice - just pay SOMETHING each month. Do as much as you can afford and they'll back off.

Well that's my point - they are unlikely to budge, so you keep them at bay by accessing funds to pay them. Which if - as you say - is only for two months until you get paid is surely the swiftest simplest solution. Can't be more than a couple of hundred to pay it for two months? Then you pay off the loan immediately you have further funds.
But if your margins are so tight and your brother has no funds at all, you really should be persuading him to sell up. Or he has to buy you out?
Are you insured as landlords, by the way?

I've been in this position over unpaid council tax before.

The stance was that the bailiff was a last resort to collect the debt and it was too late to set up a payment plan. It had been to court.

You say that you will pay them but they don't know that and you haven't done anything that shows that to be the case so far except expecting them to take your word for it.

Join a group called beat the banks and bailiffs on Facebook, they will give you factual advice related specifically relating to council tax and bailiffs.

I’m pretty sure that they can’t turn down and offer inline with income and outcomes but they will give you template letters to send. Council Tax can apply for an attachment of earnings and that takes a specific percentage.

Another option is to speak to the council tax debt department and see if they can recall the debt from the debt collectors and arrange a payment plan with you directly.

I’ve paid them the first two instalments but I can’t manage this month. The council won’t speak to you at all once it’s been passed to bailiffs.

Have you paid anything yet?