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.

Yes and as before I pointed out you are already in debt. So an anti debt objection on your dp's part is a bit bloody head in the sand.
OP you're hard work.

So your DP would rather you have the bailiffs turning up (which will ultimately cost you a lot more) than lend you the money or borrow it? That’s ridiculous.

Oh well OP, I suggest selling some stuff on eBay. You obviously have a smart phone or computer. That’s a start.

I think without going into the finer details regarding my brother it should be fairly obvious he is not in a position to help and it would probably take me longer to find him than paying the debt off!

@giletrouge yes but what you aren’t seeming to get here is that loans are only an option if you can find someone to borrow from. When you are not working and you haven’t been for a while and your credit cards and OD are maxed out, strangely enough, you aren’t a great candidate for a loan.

That was a bit snarky and I’m sorry for it but I do feel having to spell this out when I’ve been reasonably candid about it is a bit frustrating and to be told I am ‘hard work’ because of it - well, come on, no ones making you post.

The situation is what it is. Hopefully I can rustle up what’s needed. But it is wrong. People making snarky comments about my supposed lack of patience if my tenant wasn’t paying - that’s exactly the point. Even if I was the sort of arsehole that would intimidate someone into paying their rent, the law wouldn’t allow me. It’s wrong.

You need to change the arrangement so that you get half the rent.

Take in ironing. That's about all that's left to suggest. Since you've rejected all options.

Unfortunately, there in no escape from death or taxes

Can't avoid paying
Tax
Council tax

You're in a mess.
Have fun with the bailiffs because that's all that's left.

If you live with dp, he best get receipts ready to prove ownership of items because the bailiffs will come. They will either charge you more money to come back again or take stuff

I think if you wanted flexibility, the optimum time to discuss that was before it got to the bailiff stage. If you have property that could be seized I strongly suggest you get the loan and make the payment.

I know there aren’t any options, @Viviennemary

The word reject is not the right one to use in this context. You reject something because you don’t want it.

I am unable to use the majority of these suggestions. That sometimes happens.

@giletrouge I seriously do wonder what goes through the mind of somebody who types ‘have fun with the bailiffs’ when I have shared here that I haven’t been working for a while, that I have suffered from depression, that I had a bereavement (albeit some time ago.)

Clearly I won’t have fun, but I can hold my head up and say I would never say something like that, no matter how frustrated I was with the individual. I’d just leave the thread. Why is that not an option for you?

I feel it’s wrong that someone is put in this position, and I simply can’t think of any other debt where this sort of bully boy tactic is used.

There is no need at all to be irate with me because suggestions like sell the flat / put it on a credit card / tell your brother to pay aren’t usable. Seriously, hide the thread, move on with your life. No need to give someone a massive kick just because.

OP, when you say your car is on finance do you mean lease/finance, or have you taken out a loan to buy the vehicle?

I’ve every intention of making the payment. I can’t make it this month.

Irrespective of everything else no court in the land will force the sale of a property for a debt of less than one thousand pounds for someone who cleared the balance in full the following month. They just won’t.

I always wondered who applied for those sorts of jobs … I think I know now!

It is on finance. I bought it under a payment plan two years ago.

If your DP is anti-debt, he presumably has sound finances.

Can he not lend it to you this month till you get paid?

You must have things to sell.

And, I have to say, that I instruct high court bailiffs regularly to collect debts. So it isn't just council tax arrears where this happens.

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

They could not have gone to court without paperwork being sent to you. Check whether there actually is a debt registered with the court. If there is, find out about applying to the court for a stay of execution on the basis of an offer of payments which is as much as you can realistically afford. In the meantime, pay whatever you can this month - if they won't take payment over the phone, send a cheque by special delivery and keep your record of posting.

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

That ship has sailed, you are already in debt. Why does he have any say in whether you get a loan or not?

The bailiffs can't take your DP's car, he has nothing to do with the debt.

That’s good to know re DPs car, thanks

The current balance is just under £815. I could pay that off in one month when I start my job.

I don't understand this. Unless you're on a very high wage, won't that be most of your first month's wages? How will you pay things like your rent/mortgage?

I am on a high wage, yes. What don’t you understand?

They probably aren't actually bailiffs, but 'debt collection agents'. Bailiffs are the ones who collect debts after a court judgment, debt collection agents are when it hasn't gone to court yet. Everyone calls them bailiffs anyway because they basically do the same job, but their rights and powers are slightly different. It is very much in your favour to pay up to the debt collectors before it goes to court and you get a CCJ against you.

Well I'll tell you if you're interested. I'd genuinely like to help but every single suggestion is batted back, because you seem to be determined that nothing anyone suggests will work. Which is very frustrating and drove me be a bit sarky. To be honest if it makes you angry that's probably a good thing because you should be angry - with your DP who disapproves of you taking out a loan which would solve things and with your brother who isn't lifting a damn finger and leaving it all to you.
I'm angry ON YOUR BEHALF. I'm really sorry you're in this position but you can't shift the legalities so you need to shift something else - as everyone has pointed out.

Is there really no-one you can borrow £160 from to get you through this month, even £20 off a few friends? Will your DP not help you out for a couple of months?

Surely you have a few things you could sell on Vinted or Ebay, again, just to get you through the payments?

I’m not sure - it’s a company called Rundles, if that sheds any light for anybody.

I don’t think (I could be wrong) council tax is something you can get a CCJ for. It goes in the cycle of:

You don’t pay - the council send letters and so on reminding you
Then it’s referred to bailiffs (the council will absolutely refuse to deal with you then and they add their own charges)
If the bailiffs get nowhere it is eventually passed back to the council
If you still refuse to pay you can go to prison

However they have to prove it’s a refusal to pay. When this happened with my Dad it was for a tiny amount - about £30 - that came about as he moved in the May and the council tax year ended in April. But the bailiffs added charges and it was a lot. He wouldn’t pay that but when it was passed back to the council he paid it promptly. But it took ages, about eighteen months. The whole system is bonkers really.

With all sympathy, OP, your dad died seven years ago. You cannot claim to be an accidental landlord at this point. You should have accepted the responsibility of sorting out maintenance, council tax, regular post checks, etc years ago, or sold up. This is a situation of your own making, and if you really do have a high income starting soon then a short-term loan is a no-brainer.

It does go to court before the bailiffs.
I had to go twice for mine (twat ex)

Once to reopen the case to say I didn’t know about the initial case, which effectively reset it as if the first hearing never happened.
Once to have a rehash of the case in the original court area but with me there this time.