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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think that this lack of flexibility is just ridiculous?

218 replies

Sweetwatermelons · 28/07/2021 08:59

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.

OP posts:
Original poster
Sweetwatermelons · 28/07/2021 10:18

^^

OP posts:
SoupDragon · 28/07/2021 10:20

Is your brother paying anything towards it?

Taliskerskye · 28/07/2021 10:20

Ah ok sorry.
Pay what you can. Now. Do not miss a payment. But if you can’t afford to pay the full amount pay anything you can, and write them a letter. They cannot and will not bother going back to court. Court will inevitably award them less per month and it’s timely and costly.

Wjevtvha · 28/07/2021 10:23

I agree with what @GreenWillow says; if you can’t afford the full payment just make sure you’re paying something

Warmduscher · 28/07/2021 10:24

If your brother doesn’t want the flat to be sold he needs to help you pay the council tax arrears. If he is not in a position to do that then the flat has to be sold as he obviously can’t afford to keep it.

Original poster
Sweetwatermelons · 28/07/2021 10:25

The problem is when you go online and try to pay it doesn’t give that as an option. It’s the full amount or £160, which is the minimum they said they’d accept a month. And I just can’t afford it.

OP posts:
gobbynorthernbird · 28/07/2021 10:26

OK, so it appears that there is a liability order and you've defaulted on the arranged payment plan with the bailiffs. You need to find the money. How much is outstanding?

Original poster
Sweetwatermelons · 28/07/2021 10:28

I haven’t defaulted yet. I will probably do so because I can’t afford the payment at the end of this month but at present I am up to date with my payments.

I just don’t see why some flexibility can’t be applied to the situation, given that my financial circumstances are currently dire but are about to improve. I sound really whiny there but it does baffle me.

OP posts:
FamishedAtAnAirport · 28/07/2021 10:28

You can sell a jointly owned house, even if the other party doesn't want to. It's a legal hassle and costs more, but honestly, if you don't want the property then it's worth it. I've done it and don't regret it.

Can't you brother pay it?

Taliskerskye · 28/07/2021 10:29

Also please get a breakdown of the bailiffs charges. They often flout the law in this regard!

Original poster
Sweetwatermelons · 28/07/2021 10:30

I don’t think selling it right now is any sort of solution to the current predicament though.

@Taliskerskye could you tell me how to go about this? Thanks.

OP posts:
Taliskerskye · 28/07/2021 10:30

You can call them and pay over the phone by debit card. They have a myriad of ways to pay!
At least then on your account it will show the intention to pay.

MyFartWillGoOn · 28/07/2021 10:31

Pick up the phone and ring the accounts department with what you can afford that month.

In my experience speaking to them and offering an amount is better than ignoring it

Original poster
Sweetwatermelons · 28/07/2021 10:31

Yes I know but if they refuse to accept a smaller amount (and they will) then it’s the same result as online payments.

OP posts:
Georgieporgie29 · 28/07/2021 10:31

I agree with @FawnFrenchieMum join that Facebook group and they will help you.

There are ways of getting it sent back to the council so not having to pay the bailiff fees and the admins on that group will tell you if that’s something you can do. You still have to pay the bill but it becomes a bit more manageable

Original poster
Sweetwatermelons · 28/07/2021 10:34

Oh I haven’t ignored it at all - as soon as I was aware there was a problem I called them and I was told the absolute minimum they could accept was £160 (it’s actually just over that - about £163) over six months.

I just honestly don’t get how this is acceptable or legal, I mean, it just seems crazy to me.

OP posts:
FawnFrenchieMum · 28/07/2021 10:34

@Sweetwatermelons

Yes I know but if they refuse to accept a smaller amount (and they will) then it’s the same result as online payments.
In writing ask for their bank details, therefore proving you are trying to pay something.
FamishedAtAnAirport · 28/07/2021 10:35

It's there a reason you address ignoring any questions about your brother and his ability to help pay?

Original poster
Sweetwatermelons · 28/07/2021 10:35

You can @Georgieporgie29 but I think the problem is during that period you literally have to live in fear, lock your car away, or park it elsewhere, keep doors and windows locked, as once they access your property that’s it. It’s just so hard.

OP posts:
Original poster
Sweetwatermelons · 28/07/2021 10:36

I’ve answered it @FamishedAtAnAirport

Being totally fair here anyway it was me who fucked up. And brother isn’t working right now (long story.)

OP posts:
LizzieMacQueen · 28/07/2021 10:36

Have you got a credit card, pit it on that & pay it off next month.

FFSFFSFFS · 28/07/2021 10:37

I don't understand why you don't think its legal for the council to seek payment of its debt?

Taliskerskye · 28/07/2021 10:37

Cancel your DD so you don’t get charged if it is a DD.
Call them. Pay over the phone. Don’t take no for an answer. They want you to default, it means more charges for them.

Ask for a breakdown statement of your account and any additional charges. They should be able to send you a statement.

This is from the gov website :

Council tax bailiffs can charge you the following fees if they start the type of action described.

£75 for being instructed by the creditor, carrying out initial checks, investigations and receiving payments.

£235 to cover visiting and entering premises and taking control of your goods.

£110 to cover attending to remove your goods for sale, valuing them and arranging for them to be sold.

I have heard of lots of stories of people being charged random amounts for letters and phone calls.

They don’t have to accept your lower payment. But it is highly unlikely for it to be worth their while not.

FamishedAtAnAirport · 28/07/2021 10:38

@Sweetwatermelons

I’ve answered it *@FamishedAtAnAirport*

Being totally fair here anyway it was me who fucked up. And brother isn’t working right now (long story.)

Sorry, I've looked back and saw you answered it a while ago.

I missed it, my apologies.

Taliskerskye · 28/07/2021 10:40

Anyway, I don’t know why people are banging on about the morals of debt!
I agree RE Facebook sites. And also go on money saving expert for advice.

Many people have been in your position, they want you to panic! And they want you to not pay your enstallment

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