baliff action, is it lawful

[freelili]

Yesterday a baliff called at my home to take goods or money due to unpaid council tax. I told him to go away and that I was not liable for this. He gave me a letter stating he would return with the police and a locksmith within 24 hours.

I was paying my full council tax until I left my job in october.
Then I contacted a money adviser who told me that since my house has been adapted for a downstairs bedroom due to my sons disability I should not have been paying this much, also I am a carer so another amount should have been deducted. She advised me to stop paying council tax, sent me loads of forms and contacted my council who agreed to this action until a proper amount would be calculated and rebated accordingly.

I phoned the council, after the visit (shaking and tearful) they said that they had initially intstucted this action but called it off due to my circumstances, which they said should have been sorted by now. It has been 3 months since I have paid anything, their decision not mine. The baliff had not been instructed to call and that the company were trying to obtain money as I had initially been placed on their books by error in December.

Thankfully no one called today, but I have been really nervous about it. The council stated that they would have no power to gain entry into my home or bring police or locksmiths. Why then do they put this on their letters and should they be able to get away with terrifying people in this way?

A year ago I would have let them in, it is only education through this site that I didnt. Even so I had a shock and a very sleepness night.

LILY

[MelanieGiles]

freelili

If you can bear it at the moment (been reading all of your posts and am so sorry about your circumstances) I suggest you march down to your local Council offices and ask to speak to someone in authority about this unpaid debt (if indeed there is one!).

I feel that you will receive a sympathetic ear, and if you do owe them money you can come to some arrangement with them. By doing it this way, they can see that you are upset but committed to dealing with your responsibilities.

If things do get so on top of you that you cannot cope, you may wish to consider bankruptcy proceedings. I know that you are due to inherit shortly, but be aware that you can also do an IVA after bankruptcy or get the bankruptcy annulled if there is a chance you can pay all of your debts in full. Although there is a bit of pain involved with the bankruptcy procedure, this will stop creditors contantly hounding you. I can give more details on this if you are interested.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[Skippy]

Oh Lily, I'm so sorry to hear about what happened - I'm sending you a virtual hug again!

I agree with Melanie - go to the council and talk to the person with the most authority you can find. Unfortunately councils seem to have a habit of upsetting people - a few years ago my mum had to produce her bank statements for council tax benefit. She had lent me some money to buy a car, which I paid back when my loan came through. When they asked her about the money, she couldn't remember what it was for, and they made her feel like a money launderer.

Good luck with the council, and remember, NO-ONE has the right to talk to you like that. OK, we, and a lot of others are in debt, but we haven't committed a crime, and we are trying to pay back as much as we can. You're a good person Lily, and don't forget that.

Sorry to go on, but I am so angry for you Lily.

Three down, fifty seven to go until freedom!

[freelili]

Hi Melanie and Thank you

I was all prepared to go bankrupt on Jan 12 but things changed with the death of my mother. This was a sudden and very unexpected event.

All I really want at the moment is some peace of mind and did consider going bandrupt yesterday to end all of this hounding. At the moment my mind is all over the place, my mother didnt want me to go bankrupt and my siblings are not keen either since she had told them about it. I am due to inherit when my moms house is sold, but we need a break before we can face that. I am wondering about lump sum IVA. My bother mentioned to me about raising 20K to pay debts off but I actually owe 32K, its growng also with late payment fees and interest/bank charges. I do not know if this would be enough. I am going for an appointment tomorrow with a debt advisor who is to propose a debt management plan but again I realise that this is not legally binding by the creditors. My two sons are autistic and one suffers from heart problems and epilepsy. I also have a young daughter and the stress on them has been immense. This is a worry for me also. I had a very sympathetic ear yesterday from the council as I was in such a state.

My debts are
15k plus 2k overdraft HSBC
5000 provident (150% is interest)
3000 car loan with GE money
8700 (now 9300 because interest) HSBC credit card

Started an IVA with Accuma then lost my job due to NHS cut backs.

I am grieving, stressed, hounded and have even considered suicide, but my kids need me far too much to do that, especially now.


LILY

[freelili]

PS I also have another son with autism who comes at weekends only.

I have not paid anything this month, utility phone etc because I had to get funeral clothes etc. I can catch up with them though, my situation has gone from bad to worse since October when I tried to face things.

Thanks skippy

LILY

[Dominic]

Lilly you are in my thoughts, and I feel outraged that this has happned to you.

[scaredkez]

lily i am so sorry for you, it angers me the tactics they use to frighten people, i certainly would go and see someone at the council as this has been a great upset to you.
you are doing all you can under the circumstances.
keep you head held high and don't let them get to you, thinking of you and your family
kerri

[freelili]

Thanks everyone

I wouldn't dare leave the house today, just in case.

The day after my mom died I had to wait at sainsburys 45 mins for a prescription. I was not as you can imagine in the festive mood so I decided to wait in my car. I was miles away and vaguely realised someone hooting, I turned round to face an elderley gentleman asking if I was going to move or what (car park was full of christmas shoppers) he pointed out that he was 75 years of age and needed my space. Cannot print what I replied, but I heard him say, something about a dememted gargoyle and he promptly moved on.

I am seeing someone at the council tomorrow, and they will know they have been seen, by a very p*****d off demented gargoyle.

LILY

[MelanieGiles]

Lily

Sorry to sound so mercenary, but do you know how much you are likely to inherit from Mum's estate? A best guess will do at this stage. You could then propose a lump sum IVA on the back of that sum. Don't forget that a lump sum based IVA can be done even if the money is not readily available. I regularly put forward this type of arrangement, and allow my clients up to 12 months to pay the money over. So long as it is certain that the money will be available within this timescale, this should be possible - although you will need to offer 40p in the £ to satisfy HSBC.

I would be more than happy to act for you in these circumstances.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[freelili]

I have not seen the will so i do not know, my brother, a bank director and sister are executives of it. My brother advised against bankruptcy but I do not know why. Mom had talked to my brother about my debt problems, there may be special provision for me because my siblings are all homeowners and well off. whether mom put this in her will is doubtful though, she wasnt expecting to die, her case was packed for her new year holiday. The least I would expect is 30k, but its a guess. Someone from myvesta said that it could take over a year to sort it out, even if the house is sold quickly. Mom lives in an affluent area and houses are usually snapped up. Its worth around 200k mortgage paid. This is all the information that I can give you. My family are due back from florida on the 22nd Jan, I will know more then.

To be honest I would be so happy if I could just get something moving, but scared of making a wrong decision. I am sort of guilty about using my moms money on the wrong decision, if that makes any sense.

I dont really understand the pence in the pound thing although I have read it several times. My IVA proposal was for £375 per month and it was said to be a strong case.

Also I am unable to work at the moment.I have a stress related illness which is being investigated. I am/was a podiatrist.

Hope this helps and thanks

LILY

[freelili]

another thing springs to mind

My father died 10 years ago he was young, he bought my mother a very expensive ruby ring for their wedding anniversary, I know this has been left to me. I could not part with it, would I have to?

Mom absolutely loved my boys, what would happen to their share? I am the appointee for their monies and Toria's.

Someone said I could propose my own settlement figures with the creditors. How? when? Wouldnt the creditors just make me bankrupt anyway?

someone else said, go bankrupt and dont have the money until after the year is up. (I dont think so)

Tomorrow I am to propose debt management I think short term but they will probably still be hounding me. HSBC have been the biggest pain.

I am therefore quite confused.

Grateful for any advise

LILY

[MelanieGiles]

Lily

Get your brother to call me when he gets back from holiday. I think that would be sensible, especially as his is a banker. I know that there is a way out of this for you, and I would now really like to see full details of your creditors. Are you currently with an IP, as I don't want to step on anyone's toes, but I really do think you need proper advice and soon.

Regards, Melanie Giles, Insolvency Practitioner for over 20 years.
View my IVA blog at: http://melaniegiles.blogs.iva.co.uk

[freelili]

Thank you melanie but I was refered to payplan.

Thank you so much for your advice.

Many regards

LILY