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.

@giletrouge but why does that bother you to the point you would say something so horrible?

The suggestions are

Loan or CC - these are no goes, I’ve explained why. Not everyone can easily access credit. I’ve not had a great year financially and so this isn’t an option. Repeating it won’t change this fact. It would be nice if posting on MN ‘get a loan’ changed a not very good credit rating but it doesn’t. As you know

Get your brother to pay as explained this isn’t possible. I don’t even know where he is at the moment! He’s not very stable and in any event he doesn’t work - he won’t have it.

Sell the property - selling the property would take several weeks, by which time I’ll be back at work and able to pay. Plus, it would involve several complexities involving my brother not to mention taking away his only source of income.

Stepchange - are a great charity but they work doing debt management plans where they arrange with your creditors how much you will pay P/M. For me to take on a debt management plan for the sake of a month is not wise but more to the point also wouldn’t work. The bailiffs are just as non negotiable with them as me.

CAB Have done so. Their advice is to lock windows and doors.

FB group I’ve said this is good advice and thank you.

If I have missed anything I apologise but I don’t see what’s to be angry about with the fact that some stuff isn’t helpful. I must admit though that’s something that’s always mystified me about MN. Perhaps I’m the one missing the trick, but I can’t imagine getting so horrible about ‘sorry that doesn’t work for me.’

I will say you’ve been really helpful here @EvilPea and I appreciate it. I’m fairly sure I’ve said thanks but there again since I am being accused of not listening to helpful advice!

What places have you approached for a loan and been denied, then?

I do @Hont1986

This was a brief period when the property was not occupied.

I don’t really consider myself a landlord. I have nothing to do with the property and I make no profit from it. It’s purely there so my brother can live off it.

I did ask the council to send the bill to me, but they misunderstood and sent it to the address of the property. That was their error. My error was not chasing that. Happy to concede I should have. You will not hear any claims of perfection here!

But I do think as I have said some flexibility relating to the situation especially given pandemic etc should be applied.

Perhaps that would be a good point to leave the discussion, since things are getting a little fractious from some and I’m not sure there’s anything more helpful or conducive to say about it.

@BluebellsGreenbells

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!

He won't be entitled to means-tested benefits when he owns half a property he's not living in, either, so there's no reason not to sell it!

Unless he's failed to disclose that he owns half a flat.

You don’t want to know that @Hont1986, though, do you?

You are expressing your disbelief, which is fine.

Let me explain though. If you have a credit checker app like Experian or credit karma, they will tell you where will probably accept you for a loan or credit card. Mine? None. So there you are.

I could SS it but that would include some personal information so I’m sure you’ll understand it isn’t wise.

Actually you are entitled to JSA regardless but I haven’t said he’s claiming benefits

He lives off the income of the flat. I am not sure it’s quite on to be deciding my brother is committing benefit fraud, which would be difficult when he doesn’t claim any fucking benefits!

Why won’t your partner help you out? It’s a relatively low sum you need to find this month.

And you haven’t acknowledged selling items?

There are options if you will allow posters to try help.

Well obviously you're not going to get a bank loan with a bad credit rating. I thought it was obvious that you're going to have to approach payday loan type places.

My life was very dysfunctional and chaotic before I met DP. I’d rather not get into all of that with him.

I am sure I will sort it one way or another @Nicknacky. Please don’t worry about me. I am pretty good at sorting things some way, somehow!

@Hont1986 I actually don’t want to keep arguing with you but those places are bad news but also, I haven’t started my job yet. To get a payday loan, you need to be getting paid!

So your partner isnt aware of how bad this situation is the ?

@Nicknacky I’d prefer not to get into that, if you don’t mind, it isn’t why I posted, and I find it rather upsetting. The situation is simply that I have to find £160.I don’t have it. There is no flexibility being awarded to the situation and I feel that’s wrong. Obviously, other posters disagree and feel selling the property, or finding a nomadic unemployed man and demanding he pay, are better options. I disagree

So sell things. You are complaining about lack of flexibility but by that you mean that you aren’t willing to do anything that will get you out the hole that you are in and are just wanting moan about having to repay your debt.

You have options. You just don’t want to use them.

I haven’t once stated I am not going to. Shall we wind this up?

No need to be rude. I will leave you be as you obviously aren’t interested in anyone offering practical advice.

If you're that hard up why don't you sell the flat?

I’m sorry, I don’t feel I was rude. You said I am wanting moan and you have options .. you just don’t want to use them

I replied that I hadn’t stated I wasn’t going to sell anything and suggested we left it.

I’m not sure why you feel I was the rude one but I’ll be frightfully British and apologise anyway!

@Neondisco

If you're that hard up why don't you sell the flat?

Perhaps read the OPs post she has answered this many times and also flats don't get sold in a matter of days which is when this money is due.

OP I would definitely join that Facebook group, you will get sound advice there as there are very knowledgeable.

I got the payment details from my council tax bill and just paid weekly what I could afford until I could up it, sent an email saying what I was doing and I didn't deal with the bailiffs at all. I didn't ignore it, and I did pay, and although the council wouldn't accept a lower payment or talk to me directly, they couldn't stop me paying directly into their bank account or sending them an email (so I had proof) explaining my circumstances and what I was paying and when.
It worked for me as the council took back the debt and I deal with them now, pay them directly and bailiffs aren't involved.

Smart move....

if the bailiffs don't collect the debt, then you don't have the bailiffs charges...although you will still have the cost of the court summons

also don't forget if the property is still empty then make sure you pay directly the council tax for those periods - as the different years etc will not be bundled together

@Neondisco

If you're that hard up why don't you sell the flat?

I’ve answered this but because it is jointly owned with my brother. As of next month, I won’t be hard up, and it would take much longer than this to find my brother, insist the flat is sold, sell it, and bank the money. There are tenants in this so the earliest the flat could be sold would be January anyway, which would mean I’d been working for around six months and certainly not hard up at that point.

Thanks @Missreginafalange

that ‘read OPs posts’ thing is reeeeally useful.

There are tenants in there @ivykaty44 but thank you

It sounds very stressful and annoying. Plus what a waste of taxpayers money must be building up with the bailiffs.

Hope you somehow get it sorted and good luck with the new job.

Thanks @MoiraNotRuby, that’s really kind

Hi OP,
I just wanted to make the suggestion that you ask for the bank details to bank transfer an amount that you can afford - even though the company are refusing to agree you can pay less - pay it anyway. I think it is all you can do for now.

So, for example, bank transfer them £40 or whatever you can afford. It can’t hurt and shows a willingness to pay. If they make it difficult for you to pay the amount ask them to state in writing that you tried to make the payment and they are refusing to accept it. Keep proof of any payments you make e.g. banking evidence. Hopefully you will be in work before the situation escalates.

@Sweetwatermelons

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.

The system isn't bonkers at all, it's very effective. Council tax collection rates are generally around 95%. I bet HMRC don't have collection rate that good when it comes to taxes that aren't deducted at source. And every person that doesn't pay, or doesn't pay on time, increases the council's costs which impact on all the council tax payers, most of whom pay promptly. The bailiffs are utter shits, I agree, and will lie through their teeth in an attempt to get their feet over the threshold, but if it wasn't for that, we'd all be paying more council tax.

If your DP is so anti-debt, maybe he'd lend you the £163 to clear the payment currently overdue, and avoid you incurring yet another charge when the bailiff returns because you've defaulted on the agreed payment plan. Even at Wonga rates, a loan of £163 for a month would probably cost you a lot less than a bailiff visit.

And as for the missing brother, he needs to step up, or agree to sell, or buy you out. And I hope you're keeping track of all the income and outgoings so that you can be sure to get your share at the year end.