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Original poster

What can I do? BIG MESS

52 replies

itshitthefan · 31/05/2007 12:12

I've got bailiffs coming next Tuesday for unpaid council tax from last year. Long story but we didn't have any money last year and it kind of got forgotten about. (DON'T have a go, I know how bad that is).
I've tried but can't raise what they want. House is part furnised by landlord. I owe £1400 after they've put all their charges & stuff on.
What can they take?
Any options - the pay a bit monthly we tried failed cos no money. This is the final final final straw.
Believe me, I'm seriously considering suicide on this one. DH & DD don't deserve someone like me round their necks

OP posts:
FioFio · 31/05/2007 12:14

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LIZS · 31/05/2007 12:14

Ring Cab and see what they advise. Usually if you make some effort to pay regularly they will back off but perhaps you've gone past that opportunity if they have already been to court.

TravellingontheClaphamOmnibus · 31/05/2007 12:16

Can't ignore this.

Do not consider suicide - their loss will be far greater than debt.

Is it too late to talk to the Council? Get yourself down to their offices now. Or CAB. Are you on benefits? Is there some sort of hardship fund? I don't know, just trying to help.

CAB might be best actually

Original poster
itshitthefan · 31/05/2007 12:16

Nothing at all of value - they'd probably get about £200 if they cleared eveything out that was ours. Not our only debt but can't do bankruptcy of VA because of DH's business

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chocolateteapot · 31/05/2007 12:21

Do as Lizs says and ring the CAB right away now to get advice, make it the first thing you do. Also log onto www.moneysavingexpert.com and look at the Debt Free board. There are a lot of people there who have been through similar and will help you see that there is a way out of this.

FioFio · 31/05/2007 12:23

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Original poster
itshitthefan · 31/05/2007 12:23

Can't get through on the phone to them. Been trying for ages. I'm in work and they close at 3:30.

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Original poster
itshitthefan · 31/05/2007 12:24

No fio - no car. Not one that's ours anyway

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chocolateteapot · 31/05/2007 12:30

Keep trying the CAB. If you can't get through today, is there anyway you could get down there tomorrow ?

And it's not just your fault, you have a DH as well, he is partly responsible. I know it seems horrendous at the moment, but you will get through this.

FioFio · 31/05/2007 12:31

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TequilaMockinBird · 31/05/2007 12:33

Itshitthefan, really sorry to hear this. I too have been in this position and can offer you advice but first - have the bailiffs entered your property yet?

expatinscotland · 31/05/2007 12:35

Try to contact the council.

But in the future, you honestly have to put council tax as your NO. 1 financial commimtment.

TequilaMockinBird · 31/05/2007 12:37

I doubt the council will take this debt back to be honest unless you can raise the full amount due. They pay the bailiffs regardless to collect so obviously will want their moneys worth! The most important thing about bailiffs is NOT to let them enter your property under any circumstances - you DON'T have to give them access no matter what bullshit they give you!

Tiggiwinkle · 31/05/2007 12:38

Do you know what times the CAB are open? They usually have walk-in advice times as well as phone ones.
Dont rule out bankruptcy because your husband has a business though-I think they have to leave anything to do with your business out of it. But you really must gat advice-dont worry, once you get help it will all seem much easier to cope with. It can be sorted out!

Original poster
itshitthefan · 31/05/2007 12:38

That's just it. We both work. But last year I was on maternity, DH set up his own business & start wasn't great - ended up in a feck load of debt. Now we're both earning but it's all going on paying stuff back. DH's business is OK but he has v quiet times where he won't earn much one week.
We're not partying, not spending what we don't have, don't have holidays, don't buy clothes, don't go out, don't smoke, don't drink loads.....
It's too much for me

OP posts:
Walnutshell · 31/05/2007 12:39

Agree with FioFio, be careful with yourself, don't despair. x

Walnutshell · 31/05/2007 12:40

Do you get any state help? Def try CAB they will have contacts for you.

expatinscotland · 31/05/2007 12:41

Yes, but council tax HAS to be the first creditor you pay besides your rent. It really does.

Before ALL other debts and even food.

When you stay 'paying stuff back' council tax has to be no. 1

They can't get blood out of a stone, however, so best to get in touch with the council or CAB.

FioFio · 31/05/2007 12:41

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TequilaMockinBird · 31/05/2007 12:46

You need to find out first from the council how much you owe in Council Tax because the Bailiffs will add on all sorts of charges. BUT, if they have not had access to your property then they are only legally allowed to charge you £39 - £22.50 for the first visit and £16.50 for a second visit. They are not legally allowed to charge for anything else although they will try it on and will attempt to charge you hundreds of pounds. Bailiffs are complete bastards and will try anything to get your money. They will probably threaten to bring a van with them to collect your possessions, bring the police in order they can force entry as well as many others that are the 'norm' in the bailiffs world. The fact is, if they have not entered your property and you dont allow them to (be aware they can enter through unlocked doors and windows so be sure to keep them locked) then they cant do a damn thing. They cannot force entry to your property and the police cannot help them to either. They may send a letter saying they have a 'Walking Possession Order' and that your goods are due to be sold at auction or that they have a 'Levy' - if they have not had access then these are just scare tactics so take no notice. The best advice i can give you is to ignore them when they call at the house. Even if you open the door to them they will try to push past you, ask to use the toilet etc. in order to gain access. Shout through the door if you have to that you will not open the door and will only speak to them by telephone. Then try to come to an arrangement to pay the debt off over a period of time - also explaining you refuse to pay illegal charges and will only pay them the £39 that you have to pay on top of the council tax debt.

Lolly68 · 31/05/2007 12:49

If the house is rented and the furniture in the house does not belong to you then they cannot take anything as far as I am aware. But best speak to CAB because if you are trying to arrange to make payment then they cannot refuse you.

expatinscotland · 31/05/2007 12:51

They also can't take anything you're still paying on, because you don't own it.

Sounds extreme, but some friends of DH's got in trouble once, and they sold him their car for £1.

Then, see, they didn't own it or keep it.

They also moved a lot of their stuff into his brother's loft.

So when the bailiffs came, there was FA there.

BUT, they left the country soon thereafter and moved to his native Ireland, whereupon DH resold them their car for £1 and they collected their stuff.

Walnutshell · 31/05/2007 12:53

Are you OK, itshitthefan?

Judy1234 · 31/05/2007 13:34

Poor you. If you have a car they often seize that first as when presented with - your car sir or the cash a lot of men rush to the cash point. But you don't.

Can you get any money to them before that? Do you have anything you can sell as you might get a better price than they get.

It doesn't sound as if there is much they can get. Your husband's business is an asset. Presumably he owns shares in it or runs it and has good will in it.

They often seize the TV. I think there's a list of what they can take and what they can't. I think they can't take the tools of your trade for example which would stop a man earning.

TequilaMockinBird · 31/05/2007 13:58

They cant take anything at all if you dont let them in! Just make them a reasonable offer to pay back by installments and if they refuse to take it then ask them to put it in writing that they are refusing to accept payments and to send the debt back to the council. If the worst happens and it goes back to court then at least you can prove that you have attempted to pay and you are not refusing to pay the debt off. The court will then insist that the council takes payment from you at an amount you can afford weekly/monthly.

I know its frightening as I've been there when XP left me with all his debt (including council tax) but the advice im giving you here is what my solicitor gave to me at the time. It worked and i got the bailiffs off my back whilst also paying back the council at a rate i could afford.

Good luck xxx