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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
Boombadoom · 28/07/2021 11:07

The bailiffs don’t have the authority to do that but the council do.

Arrange a payment over the phone and discuss a different amount that you can afford to pay (as high as you can).

Used to work for a LA….

BluebellsGreenbells · 28/07/2021 11:08

I assume if you sold the brother would lose his benefits because he’ll have spare money?

He’s putting you in this situation and I would message him for a record that he owes you half of the bill when he’s working or the property is sold, whichever comes first!

Sweetwatermelons · 28/07/2021 11:09

The council won’t communicate once it’s been passed to bailiffs, though, so that’s where I’m stuck.

OP posts:
FlemCandango · 28/07/2021 11:10

Op you need a proper debt assessment from an FCA accredited debt adviser. They can negotiate with your creditors and help you make an affordable arrangement to repay your debt. Contact your local CAB, National debtline or StepChange.

Sweetwatermelons · 28/07/2021 11:10

Ah they can’t really help in this situation.

OP posts:
Taliskerskye · 28/07/2021 11:11

Also call CAB as matter of urgency.

ancientgran · 28/07/2021 11:13

I understand the situation with your brother is complicated but could he chip in something for this month? Even if it means him being a month late paying something else that could be sorted next month.

Good luck, I hope you get it sorted.

Elnetthairnet · 28/07/2021 11:14

Not really sure of your issue tbh - if you owe them £160 this month and in a couple of months will have enough pay coming in to pay off the entire balance of £800+ why not just get a short term loan/credit card/pawn something/sell something. Literally anything to make this payment and get them off your back?

ancientgran · 28/07/2021 11:15

Another thought could you speak to credit card people? If you explain to them you can only make a minimum payment this month but will make it up next month and then use that money towards this bill.

Sweetwatermelons · 28/07/2021 11:17

@Taliskerskye

Also call CAB as matter of urgency.
CAB just say not to have your car out and to lock your doors etc.

I’m not earning at the moment. My finances have been hit hard so won’t be able to access loans etc.

OP posts:
Elnetthairnet · 28/07/2021 11:24

How much can you afford this month then, and what’s the shortfall?

Doubledoorsontogarden · 28/07/2021 11:27

How much do you need this month? Can you sell stuff?

EvilPea · 28/07/2021 11:29

I am wondering if you can buy yourself time If you can pay them off entirely next month. Speak to cab about the process of getting the amount reduced, I know someone who had to apply to the courts for this. So it took 6 weeks or so.
Can you send a recorded letter to that affect with a cheque or postal order for, say, £50.
Then just pay it off entirely once your paid next month?

EvilPea · 28/07/2021 11:32

I have a vague recollection If your cars are on finance it Changes the rules slightly and they can’t be taken as your not the owner.
But Google that as I’m not 100%.

Sweetwatermelons · 28/07/2021 11:32

I could try it @EvilPea

I’m just terrified of them taking my car, or DPs. That’s my massive worry.

OP posts:
Sweetwatermelons · 28/07/2021 11:32

Oh they are so that’s helpful. Thanks.

OP posts:
Taliskerskye · 28/07/2021 11:32

I’m amazed CAB won’t help you. Have you looked at that FB site

EvilPea · 28/07/2021 11:33

Log book loan is another thought. But that’s the kind of shitty debt you don’t want to get involved in and Id be selling stuff before I did that.

StrawberryShortcakeAndTea · 28/07/2021 11:35

Just to straighten it out, so I’m clear on the situation.

You and your brother own the flat 50/50.
It has tenants who are paying rent.
But you aren’t getting any of the rent? Your brother is getting 100% of the rent and that’s his only source of income?
You are paying the council tax debt, 100% of the debt yourself?

Honestly, Personal situations don’t matter. The flat is 50% yours and you should be getting 50% of the rent, even if you are just saving it to cover future expenses like a new boiler or repairs.

Your brother should be responsible for 50% of the council tax debt.

The debt should be paid out of the rent money.

curiouscatgotkilled · 28/07/2021 11:35

contact StepChange they are great, and so helpful. they will be able to give you good advice and may be able to talk to the debt collectors for you.

EvilPea · 28/07/2021 11:37

@Sweetwatermelons

Oh they are so that’s helpful. Thanks.
Please google that to check it’s true though!

It’s so fucking stressful isn’t it. For you it’s basically £200 you need, it’s fuck all in the scheme of things isn’t it.

gogohm · 28/07/2021 11:40

You need to borrow the money and pay it back, you are in debt and have been for a long time as they don't go to the bailiffs quickly. Your credit rating is being trashed by this, a normal loans is far better

EvilPea · 28/07/2021 11:40

Your brother should be responsible for 50% of the council tax debt

She’s solely and jointly responsible for it. They went after the op as she’s the one who was employed so they stand a better chance of getting it back. I had the same with my ex. The debt is now completely ops.
It’s irrelevant if they “should” be jointly liable. They aren’t.

Wishingwell75 · 28/07/2021 11:41

I honestly think Councils should take more responsibility for the vile bully boy tactics these companies use.
In helping clients through my work I've had the misfortune to deal with them and they act like you've taken their own money!
It's scary - they want you to feel intimidated. They apply pressure in the hope you can just go to a friend and borrow the money!
During lockdown they backed off but seem to be back with a vengeance.
The council refuse to deal with you, the head office insist you deal with the baliffs!
Ok, but if you haven't got it, you haven't got it.
Firstly, stepchange are very good, so call them, also the FB page pp mentioned.
The very best outcome would be for it to be returned to the council or even go back to court.
Unless you do have good you could sell to cover the bill and buy again when you get sorted..
Sorry not much help but it's a horrible thing to deal with, it's the intimidation that gets me, in any other scenario you'd be calling the police on them!

EvilPea · 28/07/2021 11:41

@gogohm

You need to borrow the money and pay it back, you are in debt and have been for a long time as they don't go to the bailiffs quickly. Your credit rating is being trashed by this, a normal loans is far better
In my case it took over ten years for the letters to find me. So I didn’t know I was in debt. At that point it had gone through courts and bailiffs without my knowledge