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.

My understanding is a bailiff can only take property to the value of the debt, so assuming your cars are worth more than the outstanding balance they shouldn't be seized.

On the payments, it's a tough one because as long as you pay something it should be accepted. I suspected the online payments are set up the way they are to get people to pay more because the bailiff will make money based on debt recovered.

Have you actually spoken to them or just tried the online payment system? I get the council not discussing it as essentially it's out of their hands now it's been handed over. The advice to speak to step change is good, do contact them.
Other than that is a bank loan an option? If you aren't approved is your dp? I can access a loan of £75k via the banking app for example. Even anti debt surely your dp would rather have a small loan for a couple of months that you repay early than bailiffs at the door and potential CCJs.

You say there is a backstory could you approach your brother to pay something towards even just this month, if it's £163 could you half it or he top up what you can't?

My reading of this that the OP does not have a great relationship with her DB or there is some other issue that means dealing with him is not an option.

OP try the Facebook groups mentioned. Make sure you have a clear statement of your financial position.

What is the shortfall this month and what will it be by the time you can pay more?

You need to create a paper trail to the bailiffs of your current financial situation and why their plan is unaffordable. Propose what you can realistically pay.

If your DP’s car is not in your name then they can’t take it in satisfaction of your debt.

YABU to have been so passive. Find a way to pay up.

Get your db to pay this month, he is taking the piss.
100% of the rental income, he should do his bit.

@Dozer

YABU to have been so passive. Find a way to pay up.

Helpful!!

*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.*

It's not really crazy...
As a landlord, or even a non landlord did you really not know that you'd be responsible for council tax if your rental property was unoccupied.
I can't help but think you should have been more proactive when the last tenant moved out, and contated the council yourself to arrange payments.
Is the property rented out again now? If so, I suggest you put money aside for a future void periods, before you and your brother spend the profits from the rent each month.

I won't add to the actual debt advice, but I'm confused. You jointly own the property with your brother and are presumably listed on the deeds? But he's leaving you to deal with the debt? Why aren't the council chasing him for the CT as well? Have bailiffs visited his property? Have you spoken to him about this situation ? I think going forward you need to consider whether it is worthwhile for you to be associated with the property? From what you've hinted at, your brother isn't contactable so when he decides to sell, who's to say you get any money? I'm just confused by the value you're getting from being associated with this property.

Do you have 8 people you could borrow £20 each from? I know it's not ideal but seems a simple solution...?

Could you sell something worth about £200? Surely you have some way to rustle up this money?

www.nationaldebtline.org/fact-sheet-library/council-tax-arrears-ew/

Take a look through this information sheet (sorry if not clicky) and take proper advice from Stepchange, National Debtline or another debt charity.

If people are confused I’m sorry to hear that but I do think I’ve answered everything.

It’s perfectly fine that there isn’t a solution. I have every intention of paying but this month, well, I can’t. People saying to sell the property and that I have this as an asset isn’t practical because the time it would take to sell it, even if I had sole ownership, would mean it took a lot longer than a month! So I’m not sure why people are insisting that this is the best way!

Take proper advice as suggested. Also going forward try not to get yourself in a position that you cannot meet any sudden expenditure, recognising that may not be easy short-term.

What proper advice? Sorry not being obtuse. I can’t sell the property.

@Sweetwatermelons

What proper advice? Sorry not being obtuse. I can’t sell the property.

OP you've had SOOOO much other advice

...Facebook group
....sell some things
....ask your bro for contribution this month
....email bailiffs asking for bank details and pay small amount so paper trail
....money saving expert

I could go on....

What proper advice?
Short term - take out a very small loan and pay your debt.
Long term - get disentangled from your brother and being a landlord - have this as an aim.

Can you pay on a credit card with 0% interest for 12 months?

I wonder if OP gives flexibility to her tenants if they can't afford their monthly rent?

I said proper advice. That’s not meant to state that the above isn’t intended helpfully but the way it was phrased made me think the poster was referring to something official. Tbh the options above aren’t workable apart from the FB group as explained already.

That’s been covered @DanielTigersMummy21

If you don’t want to rtft click on Show OPs posts.

Why not a loan? It's a very small amount and in two months you can pay it off. I think it's been suggested a lot of times by many posters and you have not yet said why you can't.

I’m not working and haven’t been for some time so getting a loan would only be possible if I was to explore one of those horribly high interest sort of ones which I feel generally create more problems than they solve.

This isn’t me being awkward, by the way. I am quite resigned to the fact there is nothing to be done here. But it does rather show how you can be backed into a bit of a corner. I am fortunate as I will have a good source of income in a few weeks but for now yes, it’s tricky.

And, I have actually said why I can’t

No you had not said that before.
Are you sure you can't get a simple loan - one you can pay off soon? You keep saying that very soon your income is going to sorted. loans are only a problem if you don't pay them off ASAP.

Hi op, I have a little of bit of experience with this. My understanding is that once it’s gone to court they will legally in force it. They may need to go back to court in between bit once bailiffs are involved you need to pay it.
If the bailiffs come you are charged for this service, each and every time. They also charge for the follow up letter they put through your door.

If you have a credit card use that. If you are renting or have other debts default on those before you default let in this. Don’t let either go long and even if you pay £5 rent this month it’s better to do that than have the charges from bailiffs.

@Sweetwatermelons

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.

Above. I’d have to get dp and he is anti debt. So won’t be getting a loan.

Councils do charge full council tax for unoccupied property
Some councils charge double council tax

We're you unemployed at the time of the original bill or working ?

Your brother should pay half of the outstanding bill

Do you have anything to sell?

Your brother is liable for half the debt too and you won't approach him for help with the cost despite being in the same financial position. It's like you don't want to help yourself.