Need advise, please

I just had an email from my fiance, and I need some help in understanding the process in England, and also any advise that any of you may have to offer.

His life has been a living hell for the last two years, and it seems to be just getting worse.  Today he had a bailiff come into his home to do an inventory of his possessions.  He is on income support and lives in a council house, but has not been able to pay the council tax for 2009.  He is also being made to pay for debts that were incurred by his former partner, who passed away last year.

My first question is; I had given him a St. Christopher medal on a gold chair last year, which had belonged to my step-father, so it was sort of a family heirloom.  Can they take this from him?  I know it sounds petty, and selfish, but it has a lot of sentimental value for both of us.  My second question is; what is the worst that can happen to him?  If they take away anything that is of value, does that settle the debt?  Third, is there anywhere he can go for help with this situation?  My stock answer is always CAB, but there have to be other avenues that he can explore.

If the bailiffs have a warrant they can enter the home (with a police escort) and take whatever possesions they deem of value to settle the debt.

Here's the Direct Gov site on Bailiffs: http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10034289. It holds some information that may be helpful.

CAB or a Law Centre is a good place to start. Also if he's on income support I would think he could also get Council Tax benefit.

OMGosh!! They can do this if you dont pay council tax?? That is crazy. Im sorry that happened. I would recommend he hide it or give it to someone else for the time being.. or even mail it back to you.

Councils rarely get to the point of sending in bailiffs as they would rather recover the money in installments.  He really need to speak to someone about debt management...perhaps the CAB.

I suggest he sends the medal to someone for safekeeping.  If the bailiffs try to take it then he would have to argue with them that it doesn't belong to him, and that is going to be almost impossible.

Weby - my understanding was that bailiffs have to leave enough for the person to still be able to survive, such as a means of cooking and working.  Is that not the case?

Vicky

Councils rarely get to the point of sending in bailiffs as they would rather recover the money in installments.  He really need to speak to someone about debt management...perhaps the CAB.

I suggest he sends the medal to someone for safekeeping.  If the bailiffs try to take it then he would have to argue with them that it doesn't belong to him, and that is going to be almost impossible.

Weby - my understanding was that bailiffs have to leave enough for the person to still be able to survive, such as a means of cooking and working.  Is that not the case?

Vicky

I think they can't take equipment that is used a for a business.  So they can't take tools from a plumber.  I am not sure about the cooking, but how much could a cooking set be worth?  Well, I guess I am thinking of my cooking stuff.  I suppose if you were kitted out with Le Cruset it would be a different story.

I was thinking more of an oven/microwave.  But now I think about it, there are always takeaways.

Vicky

Vicky, from what I'm reading on the DirectGov website:

What can a bailiff take?
Bailiffs can't take essentials such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade' (for example, a computer you use for work).

They can take non-essential items such as your television. They can take possessions outside your home (for example, your car or garden equipment), or in unlocked sheds and garages.

I've never thought of my fridge or stove as anything of value, so mis-interpretation of my own brain. The OP was worried about a St Christophers medal and according to that it may be up for grabs if they deem it to be of value.

Thanks.

I remember back in the day my dad having to hide an actual, real Oscar for a friend who was having trouble with the Inland Revenue. 

Vicky

Thanks.

I remember back in the day my dad having to hide an actual, real Oscar for a friend who was having trouble with the Inland Revenue. 

Vicky

It just makes me grateful that, yes I know the US has its problems, but this type of going into someones house and just taking their posessions is not allowed. Unless its a car that you've defaulted on the loan then they can reposess it. But, that is there and not here.

It just makes me grateful that, yes I know the US has its problems, but this type of going into someones house and just taking their posessions is not allowed. Unless its a car that you've defaulted on the loan then they can reposess it. But, that is there and not here.

And there seem to be more legal avenues if someone busts into your house to serve a warrant and they were wrong.  I know lots of lawsuits are frivolious, but they can protect people as well. 

There was a story locally about a guy who locks were changed and stuff taken, in the UK, because the because they had the wrong address.  He had to stay at a hotel and at a friend's house until it got sorted.  In the US you know that guy would have had a lawyer in about 2 seconds.

And there seem to be more legal avenues if someone busts into your house to serve a warrant and they were wrong.  I know lots of lawsuits are frivolious, but they can protect people as well. 

There was a story locally about a guy who locks were changed and stuff taken, in the UK, because the because they had the wrong address.  He had to stay at a hotel and at a friend's house until it got sorted.  In the US you know that guy would have had a lawyer in about 2 seconds.

Oh yeah and the ACLU would have jumped in as well.

Oh yeah and the ACLU would have jumped in as well.

When he tried to call to get into his house all he got was the run around.  The guys who changed the locks did to on the address they were given, not their fault.  The people who issued the order, wasn't their problem. 

I'm sure we all know how that goes, probably in every country. 

Councils rarely get to the point of sending in bailiffs as they would rather recover the money in installments.  He really need to speak to someone about debt management...perhaps the CAB.

I suggest he sends the medal to someone for safekeeping.  If the bailiffs try to take it then he would have to argue with them that it doesn't belong to him, and that is going to be almost impossible.

Weby - my understanding was that bailiffs have to leave enough for the person to still be able to survive, such as a means of cooking and working.  Is that not the case?

Vicky

Are you sure of that?

I used to work for a collections arm of a bank and did voluntary work for a debt advice service (as payment for my sins).
Councils are MUCH faster to pass council tax debts to debt collection agencies than banks, they'll also do it for much lower amounts, basically councils blanket pass their cases to agencies to debt collection agencies as soon as people go in arrears, whereas banks and credit card companies mostly have their own internal debt recovery departments who will try and make arrangements before being passed to a DRA.

What he needs to do right now is call the number on the warrant of execution (baliff order) and speak to the DRA.
The DRA will normally allow him to pay his council tax arrears at a reduced rate, so he will pay 125% of his normal council tax bill until the debt is paid off or whatever he can afford, the longer he leaves it, the less likely the DRA are to help him out. They don't have to, and they wont if he ignores the problem.

He needs to sit down and do his finances in general, not just address the council tax issues, there' no point robbing peter to pay paul.

He should make a list of all his creditors (& how much he owes) and do his weekly budget.
With the money left over after rent/food/clothes/going out/bus fare etc he should divide it between his creditors with the largest share going to the largest creditor.

He should write a letter with his budget, a list of his creditors and how much he proposes and he should call/send it to everyone he owes money to.

If he feels he can't do this, he can contact

http://www.cccs.co.uk/
http://www.nationaldebtline.co.uk/
http://www.citizensadvice.org.uk/

I particularly recommend CCCS, they do a scheme where they negotiate with your creditors on your behalf based on your budget, you pay them a monthly amount of money which they then pass on to your creditors (they don't take any money off you for it - watch out some companies will, use one of the 3 recommended above), it means 1 payment a month for the person in debt and credit card agencies and banks are used to dealing with CCCS.


Tell him to put the medal in the post to you.

Thanks.

I remember back in the day my dad having to hide an actual, real Oscar for a friend who was having trouble with the Inland Revenue. 

Vicky

Oscar winners don't actually 'own' the Oscar.  It belongs to the acadamy.  They have to sign something that they will return the Oscar.  So, it wasn't his to take away.