Distress notice on my vehicle.... Help!!

[Airliner]

Hi all, this is my first time on here and hopefully someone can help me.
I have an outstanding balance of £540 on my C/Tax from last year. I had been paying off the debt to the baillifs at £130 a month. Unfotunately all the overtime at work stopped and I was no longer able to pay this amount. I asked the baillifs to reduce the payments, but they refused. Hence, here I am with an outstanding bill.
On Thursday 24th April a bailliff left a distress notice through my door saying that they have seized my car. It was parked outside in my drive and I was in bed as I work nights. I cannot afford to pay the amount within 5 days (which is Tuesday 29th April - tomorrow) and they have repeatedly refused to reduce my payments.
I do need the car to get to work as I work nights and public transport does not run through the night.
My local council has refused to talk to me about it saying that 'it is in the hands of the baillifs'
Can anyone please help or advise me what to do... i'm at my wits end!
NB. My car is worth £3500 and is fully paid for.
(I hope i've put this message in the right place)

[tomtubby]

In the first instance, can you please send me the name of the actual bailiff who signed the Notice of Seizure. Can you ENSURE that this is sent to me by private message ONLY.

I will check our database to ensure that he or she is certificated. I can then respond.

[Airliner]

It turns out that he is a registered bailiff, i'm just a little unsure what to do now... I have my car hidden as today is the day that my 5 days run out, so i'm expecting a visit from several large men

[casbah]

Council Tax and Bailiffs.
Have you checked out this thread? There is, for the very brave, something you can use. its called magicians choice. I'll try and copy the link. Basically, what it says you can do is print off a letter where you attempt to pay the council direct, if they refuse you get someone to sign this letter where it states the council have refused to accept your money, although acknowledging you have made attempts to pay them. Or the council accept your payment and are happy to accept future payments.
Like I say its only for the brave!
You make no mention of signing a walking possesion order. So did you sign anything?

How many months have you managed to pay?

Cas

Buy yourself some time by sending the BAILLIFF an S.A.R - (Subject Access Request), and query their fees.

[Airliner]

Hi Cas, thanks for the reply. I've just read through what you wrote about 'magicians choice' and yes, it seems pretty brave, but I am willing to try anything right now. If you could find me the link or tell me where to find the letter I would be very grateful.
I paid 6 months of my council tax during 2007 until my overtime stopped. I now owe for 4 months (£540) plus any costs that get added. It's not that I don't want to pay, it's just that I can't afford the unrealistic repayments that they keep giving me.
I will try to buy some time with an S.A.R - (Subject Access Request) and see how that goes.
Thanks very much for your help Cas

[Airliner]

Sorry, forgot to mention that I did not sign anything given to me by the bailiffs as it was just posted through the door.

[casbah]

here you go..............but please stop what you are doing, have a coffee, and then think it through.
Magicians Choice?
I would happily do this but never had the occassion to.

[Airliner]

Thanks Cas. I just had a look at it and it looks pretty brave. I am going to have a think, but from what i've read, it can't hurt to try. Why not go on the offensive and shake them up a bit... I'll let you know how I get on. Many thanks for your help

[casbah]

ok just read your posts, and maybe, just maybe the magicians choice can go on the back burner
The first think I would do is ring your council and ask for the phone number of your local councillor, (election next week he might need your vote ) Explain to the councillor that you had made payments ( was this to the council or bailiff?) but could only afford to do this all the time you could work overtime, offer to do an income and expenditure sheet, and to send it to the council. Tell him or her that you only have four months outstanding and would like to pay the council direct, he is going to ask about this years so can you afford that as well? I would make the play that AS you have this years as well you do not want to incurr anymore bailiffs fees.
Now because you HAVE paid the bailiff something, the first thing they are going to do is take their fees, have you any idea how much these fees are? If not find that out, write to the council explaining that you are not aware of exactly how much you now owe the council and would like an update on what payments have been made to the council via the bailiffs.
phew!!! What I am getting at, the bailiffs, in my opinion are very very slow in passing on the payments made, giving the impression to the council that this amount is still outstanding.

let us know how it goes
cas

[Airliner]

Just seen your last post Cas and I think that i'll give it a try. I'll give the council a ring first thing in the morning when they are all in a good mood and see if I can get his number. Will they give me his number freely??
The bailiffs fees that I have here are £54 -
£42 2nd visit fee
£12 Possesion fee
If I can persuade the council to accept my payments, then I don't mind paying the bailiffs fees to get them off my back - so long as they are legal!
I'll keep you posted Cas, thanks for your time

[casbah]

ok so do you know if any of these fees are for a levy or enforcement fee? different bailiffs use different terms, if they have only made one visit the the most they can charge you is 24.50.
If thats the case there is something else you can do.................ask the council to take back your file. I've got things round the wrong way here, if they have only hit you for visit fees then they are allowed to charge for two visits, at 24.50 for the first and 18.00 for the second. But as they do not have a Walking Possession Order then they have not gained entrance to your property they are limited to what they can do.
the downside is they already have your money so they can take whatever they like until you confirm what they have taken.
I would ring the council, explain that your working hours have changed and can no longer afford what the bailiffs have said, tell the council that you only have 4 months left to pay, and ask them to get back your file and to pay them directly, tell them you need to find out what the bailiffs have charged, and until as such times you will deal with the council directly. Then write to the bailiff and get a breakdown of their fees, if they have charged you for anything other than visit fees query this

[casbah]

Right I think we need to give each other half an hour to post b4 we reply then we won't get so confused.
Reverse everything I've said. Start with post 11, contact the council and ask to take back your file.
The fees are naughty.............the 42.00 are visit fees but I think the 12 possession fee is if he had a wpo. You say you have not signed anything?
I don't know what area you are in nor which bailliffs, but my council can access my account with the bailiffs and tell me what I have paid, please, please please insist your council do this if they can, if your bailiffs have been taking your money and have not paid it on then the council are going to assume this total debt is still outstanding, and that you are a WON'T payer not a CAN'T payer.

cas

[Airliner]

Yep, I was getting a bit confused which is why I took a few minutes away. I have understood everything you've said from post 11 onwards and i'll do what you suggest. I don't want them to see me as though I won't pay because I am happy to pay, I just can't afford the repayments that the bailiffs have set. Right, i'll get onto it first thing tomorrow. Do I ask for anyone particular at the council... the recovery officer maybe?

[casbah]

I would start with the first person that answers the phone in the CT dept, then if you get nowhere move up to the Senior recovery officer. If you can afford it make a payment immediately, but if you can't then sooner rather than later. Are you happy to do an income and expenditure sheet?
Some are, some aren't but its up to you. My advise to you is play it cool and explain to the council that you are a good payer ( if you have paid so much to the bailiff and kept them happy then the council can't dispute that you are trying to pay). Offer to set up a standing order, the council will want a Direct debit but be warned............direct debit means the council gets to say how much is taken, a standing order it is you that states how much.
cas

[Airliner]

Ok will do and i'm happy to do an Inc/Exp sheet, they will see just how hard it is for me then, but that I am trying to pay.
Thanks for the excellent advice Cas and i'll let you know how it goes