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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:
rosinavera · 28/07/2021 15:50

I'm so sorry @sweetwatermelons that you have all this worry. I don't have any advice I'm afraid but I just wanted to say that you sound a really lovely person and have been more than patient with some posters on this thread x

chergar · 28/07/2021 15:53

I've read OP posts but not all replies

@Sweetwatermelons can you contact the council and ask for the statement for the period you owe. If the property was unoccupied there should have been a discount applied, make sure this has been factored in

Contact the bailiff company and explain the situation, pay whatever you can afford this month and then pay off the balance as soon as funds allow

You physically cannot pay what you don't have so they are going to have to either accept the reduced amount this month or move on to the next stage, those are the only options.

They must send a letter before their visit and you do not have to allow entry to your home. They cannot take goods on a first visit but can look in windows to get an estimate of goods that can be seized, you then have to agree and sign this, then if you do not make payment they can seize the goods listed up to the resale value to cover your debt.

The situation with your brother needs to be sorted out, can you contact a solicitor to have something put in place saying you hold an interest in the property but are not liable for debts/income from the property, I'm not sure if that is even a thing but it might be worth looking at.

Sweetwatermelons · 28/07/2021 15:54

Well that is lovely and as an update I have managed to sort it now, so here’s to a better financial future, where I will not be having fun with bailiffs Hmm Grin

OP posts:
12Day0fReturnImagine · 28/07/2021 16:03

Your "D"P is not helping you

Does he have have £160 ?

EvilPea · 28/07/2021 16:04

Well done. @Sweetwatermelons
They are relentless fuckers. Pleased you’ve sorted it.

Onwards and upwards Brew

12Day0fReturnImagine · 28/07/2021 16:05

Councils do not give discounts for unoccupied property

Unless in a care home, prison, few other

There is a strict list of exemptions

chergar · 28/07/2021 16:12

We can get up to 6 months at 50% rate if property is unoccupied then a further 6 months at 10% discount

HighlandCowbag · 28/07/2021 16:14

Op double check via google whether they can actually enforce a debt you haven't been correctly advised is going to court, as from what I read of the thread, the letters went to the property rather than your residential address. If they had your address (or your brothers) I think they should have been sent to you. That may be a way to remove bailiffs from it altogether and just deal with the council.

Sweetwatermelons · 28/07/2021 16:15

Unfurnished they do though which often (not always) amounts to the same thing. Thanks all Flowers

OP posts:
Canigooutyet · 28/07/2021 16:16

You don't need to track down your brother, just get the bank details changed where the money goes.
Does this mean that in the event of any repairs it's down to you to sort and pay for? Redecorating in between tenants and all the other costs associated with owning and renting out a property?

12Day0fReturnImagine · 28/07/2021 16:17

Different councils have Different rules

I've had to pay full ctax, I asked if there was discount, list of exemptions were strict

TheTeenageYears · 28/07/2021 16:18

I'm glad you got it sorted this time @Sweetwatermelons. There is clearly a lot more to this situation than stated which is understandable however it looks like you are subject to all the liabilities of property ownership without the upsides. It might be time to consider if in the short, medium and long term that's a situation you want to continue with. There is another post today with a different but not dissimilar situation with regard to property ownership. With changes to stamp duty rules you will be financially disadvantaged either to buy your first property or to move house now as you will have to declare you already own another property which now incurs a 3% surcharge on the whole of the cost of the purchase. That's potentially a large amount of money to pay out if you get no income from the property already in your name. There are also lots of other situations you are responsible for as an owner, particularly as a landlord.

Freddiefox · 28/07/2021 16:21

@Sweetwatermelons

Well that is lovely and as an update I have managed to sort it now, so here’s to a better financial future, where I will not be having fun with bailiffs Hmm Grin
Well done, i always found council tax the worst one default on. They do not stops. Others companies like water and gas are much more flexible.
Iquitit · 28/07/2021 16:30

@Sweetwatermelons

Well that is lovely and as an update I have managed to sort it now, so here’s to a better financial future, where I will not be having fun with bailiffs Hmm Grin
Glad to hear you're sorted, and by the sound of it the bailiffs are out of the picture, it's silly really that you're punished financially for being skint..... Can't pay what you owe? Well we'll charge you more then. Doesn't make sense really.

And some of the comments are laughable really with regards to putting yourself in more debt to clear an existing one, and not understanding that no, some people can't get loans and credit cards, surprised no one suggested a loan shark tbh!
The fact that some people don't understand that you can be in a place in your life where £160 is impossible to lay your hands on is why stuff like this goes on and why bailiffs are allowed to operate the way they do, a lot of people just think you've probably got it, you just don't want to part with it.

WeAreTheHeroes · 28/07/2021 18:56

There is an option for paying the bailiffs that could work: you can send up to £750 cash using Royal Mail Special Delivery and it's insured. You could send some cash with all the details to the address on the bailiff's letter. Yes it will cost something like £7.50 to do, but it should be delivered to them next day and you'll get proof of delivery.

WeAreTheHeroes · 28/07/2021 18:57

Ah - I had missed your post where you said you'd sorted it. That's good news.

AudacityBaby · 28/07/2021 20:31

This reply has been deleted

Message withdrawn at poster's request.

AudacityBaby · 28/07/2021 20:36

Apologies, missed above post that it has been sorted, that’s great. I’ve asked MN to delete my post.

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