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Original poster

Bailiff advice needed for friend asap

34 replies

lou33 · 25/09/2007 11:14

i have a friend who has unpaid council tax, apparently it went to court and now a bailiff wants to enter his property to do an assessment and come to some financial arrnagement.

he tried calling the council to arrange repayments but was told it was not possible

cab say let the bailiff in and dont prolong it

but he is worried that once the bailiff is in he will demand full payment there and then and start seizing goods

can he refuse entry to the bailiff and find another way to pay?

it's fairly urgent

anyone who can advise?

OP posts:
mishymoo · 25/09/2007 11:17

I think you can arrange a payment plan with the bailiffs? It's worth a try. I think he will need to let them in and discuss it with them. Once the council hand it over to debt collectors, it is no longer their problem (IYKWIM). Good luck!

Original poster
lou33 · 25/09/2007 11:20

but arent they then able to gain entry whenever they like? a bit like vampires really

and dont they charge you every time they visit?

it isnt even technically his debt but his exgf, but she left and went back to sweden and the money was coming from his bank account, for some stupid reason, instead of hers

OP posts:
MaureenMLove · 25/09/2007 11:22

A baliff can't come in unless invited. Phone the baliff and discuss a payment plan with him. They are actually human and are only doing their job. They will help if they can, but she MUST PHONE HIM, now, today. Crap advice from the CAB btw.

MaureenMLove · 25/09/2007 11:24

The debt is on the property though, isn't it?

Original poster
lou33 · 25/09/2007 11:24

he

i said he should call bailiff and arrange over phone or by letter or email, but they insist they have to come and assess

it cant be right can it?

OP posts:
Original poster
lou33 · 25/09/2007 11:24

its a council tax bill

OP posts:
MaureenMLove · 25/09/2007 11:28

Sorry he. No, its not right. Get him to speak to the baliff now. He should be able to make arrangements with him, but he's not going to know unless he contacts him now.

Original poster
lou33 · 25/09/2007 11:30

he has been in touch, the bailiff insists they have to enter the property to assess him

he says he has a court liability order which is why he has to let him in

is that right?

OP posts:
Original poster
lou33 · 25/09/2007 11:31

he has been told that as he has a liability order he cannot refuse to let him in unless he can pay it off in full

if he wants to pay in installments then he has to let them gain entry to discuss repayments

OP posts:
wannaBe · 25/09/2007 11:31

if he is liable for the debt then he will have to come to an arrangement with the bayliff. Refusing to let them in will just prolong the agony tbh, as every time they call, every time they write a letter/make a phone call the debt will increase. So it would be worth his while to let them in and discuss with them.

If he genuinely isn't in a position to pay, then the won't demand the full amount there and then but will most likely be able to come to an arrangement.

They would't be able to gain access to his property if he's not there, but if he has a car they would be able to seize that in lieu of the debt.

Original poster
lou33 · 25/09/2007 11:32

no he doesnt have a car

OP posts:
wannaBe · 25/09/2007 11:34

if it's a court liability order then it's obviously legal.

He's not doing himself any favours by refusing to let them in.

MaureenMLove · 25/09/2007 11:34

As far as I know, no. A friend of mine did exactly the same thing and the baliff helped by arranging payment plan. I can't believe the CAB just said 'get it over and done with'! He can't force entry, whatever he says, so if he doesn't open the door, thats the end of it. I'd get him to call the CAB again, it can't be right. So sorry for him, it must be very scarey. Sorry I can't be more helpful.

Freckle · 25/09/2007 11:34

Council tax liability orders are different from most debts being collected by bailiffs. They confer greater powers on the bailiff. He can possibly break in to assess the goods so it's probably better to let him in.

You say that it's not technically his debt. Was he living at the property? Was the council tax bill in his name? If not, then it isn't his debt and he needs to apply to the court to get the liability order revoked. Even if the money was coming out of his account, that doesn't mean that they can pursue him for the arrears if it wasn't his debt in the first place.

NormaStanleyFletcher · 25/09/2007 11:36

I would say do not let them in

"Once the bailiff has been inside your house by entering peacefully, they can call again at a later date and enter your house without your permission, forcefully, to remove your goods."

from this site here

Original poster
lou33 · 25/09/2007 11:37

thanks, i will pass all this onto him, he has gone offline now and i need to go tend to sick kids, but i'll be back to check on any other povs

really appreciate it

OP posts:
NorthernRockCod · 25/09/2007 11:38

why didn the pay before?
ime you cna pay the baliff

NorthernRockCod · 25/09/2007 11:38

oh i see

Freckle · 25/09/2007 11:42

For general debts, it is true that, if you don't let the bailiff in, they cannot later enter without your permission. However, council tax liability orders are more serious than county court debts and confer greater powers on the bailiff.

If it genuinely isn't his debt, then he doesn't owe the money.

However, why hasn't he queried this before? He should have received a summons and been asked to attend court. Did he receive this? Did he go to court? Was the summons in his name or in the name of his ex-g/f?

NorthernRockCod · 25/09/2007 11:43

yes, wonder if he hoped it owudl go away
was he aware of court proceedings before?

NormaStanleyFletcher · 25/09/2007 11:47

Is there not "joint and several" liability for CT? So that anyone who is living in the property is liable for the debt? So if he was living there when the debt was accrued he would be liable (not sure about that though, will go and check)

NormaStanleyFletcher · 25/09/2007 11:50

this site tells you who is liable

NorthernRockCod · 25/09/2007 11:51

Examples of joint & several liability
Married couples and people living together as partners are considered to be jointly and severally liable (whether or not they have an equal interest in the property).

Freckle · 25/09/2007 11:52

It's not just anyone living at the property. Couples living together are both liable for the debt, even if the name of only one of them is on the bill. It is irrelevant if they are married or cohabiting.

Original poster
lou33 · 25/09/2007 12:06

he syas it was in his name but she was registered as living there, but now she has returned to sweden

have to read back and ask him the other q's

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