Can the council bailiffs take my girlfriends stuff? ?

Question

I have some arrears on the council tax and I have been threatened with Bailiffs. They are claiming full payment up to feb 09 which I think is strange. But my girlfriend has just moved in and i`m worried they`ll take HER stuff!!! Can they do this? If not how do they know which is hers and which is mine unless I tell them? In which case how do they know i`m telling the truth?

Answer 1

your only way out of this mess is to pay what you owe ,for they will take what is in the house .

Answer 2

When they first come round, you or someone else has to let them in. they cannot just break down your door on the first occasion.

They'll take an inventory of stuff to be taken - they won't take any tools you need for work, or essential items (washing machine, cooker etc). They can take your TV though. So you'll have to tell them which are your girlfriend's and which are your items.  Some things will be obviously your girlfriend's items - eg hair straighteners - but if it's the case of wide screen TV, she'll need to show a proof of purchase (eg bank statement).

Once they've entered your property and done the inventory, they'll make an appointment to come back. If you're not in/refuse to let them in, then they CAN break down the door.

What are you doing about the bailiffs?  If you're admitting the debt and want to arrange a payment, then you can complete an N245 (obtain it from the court by phone) to make an offer to pay monthly/weekly.

You can't bury your head in the sand.

  

Answer 3

Council tax is payable for the year.  If you pay up on time, they'll let you pay it off monthly, but get into arrears and they'll claim the whole year.

Before you get yourself into a load of trouble, go and see Citizens Advice.  They'll tell you whether there's a genuine risk of bailiffs taking stuff or if it's just a debt collecting firm trying to frighten you.  They can also negotiate terms for paying your arrears at a rate you can reasonably afford.

If the bailiff's do take away your girlfriend's belongings after you've warned them, and she can prove they were hers, she can claim compensation from the bailiffs.  Then if they don't pay up, she can get another firm of bailiffs to go round and take their stuff.  The law works both ways.

Answer 4

I would  pay up...Government does not care what is yours  and what is hers.  They only care about the money you owe!

Answer 5

Don't let the bailiffs in to do a survey, you don't have to...if they do get in(keep all windows closed so that they cant climb through) they'll give you a list of what they're taking and will come back for it later, argue about this in the mean time, ideally store everything of any value elsewhere so that they cant list it, this is not illegal, you should go to the C.A.B. and get all this sorted out as your girlfriend will be liable up to Feb 09 as well.

Answer 6

I honestly dont know but you are getting lots of advice from people who seem to. I just wanted to comment that i think it totally wrong that a Council can demand 6 months Council Tax in advance. Firstly the fact that you are in your present situation is because you dont have enough money. Secondly (and i do realise good payers can pay monthly) why should you have to pay so far in advance anyway? You dont get paid 6 months in advance. You could be dead in 3 months. If you already are expecting Bailiffs where the h**l do they expect you to find 600 quid odd advance tax payment?

Answer 7

Who is named on the bill ? The Liability Order the bailif's are working under can only be enforced against property owned by the persons named on the order. The burden of proof is on you to show which goods are owned by someone else otherwise the bailiff can list them along with any other property.

If your GF is living in the property as her main home then technically she should be named on the bill as well for Council Tax purposes.

Answer 8

They are legally only allowed to take what belongs to the person named on the bill (you). However you will need to have proof that the items belong to her not you, simply telling them won't work. They will take the item till you can prove its hers and then will charge a fee for them to bring it back. so make sure anything expensive that's hers is either out of the house or you have proof, they can also not take anything on finance - anything you pay for from catalogues or by monthly instalments. Computers, TVs etc but you will also need to prove that they are on finance. Best bet is just don't answer the door, they will after a few tries give the debt back to the council and the council will have to try and resolve the situation in court!

Answer 9

Mark her things with her name, then they can't take them.

Answer 10

they will take her stuff too!!

Answer 11

im behind 2....   just try to keep up -    and DONT ANSWER YOUR DOOR -  call the council and explain -

i did and they called off the bailiffs