notice to distrain?

[leeroy2009]

can someone explain what this means? this is for council tax

i recive incapacity benifit

can they just break into my house?

thanks very worried

[adamrao]

Dear Leeroy2009

It means bailiff's authority to seize your goods. Can you give a breif background of this issue as why have received this notice.

Normally bailiffs would try to get peaceful access. They dont need permission to get in your property if the door or window is open or unlocked. They can clamp your car if its on the drive-way or on the street. They can also seize any valuable goods in your garden or shed.

If the bailiff is coming first time make sure your door and windows are locked. Excuses like if they can make a telephone call, need to use toilet, 'oh its raining lets sit in', 'can we chat inside', 'offer a drink and let them inside etc. NO please dont let them in as once they are inside your house they would have legal right to either take your stuff away or make a list of goods for next time. That legal right is called 'Walking Possession' which gives them authority to break in next time. They would add their costs, fees and locksmith bill in the total debt.

So - please keep all your doors and windows shut. If need to speak to them then put the door chain or go upstairs and talk through the window. (check if they are not already on ladder to jump through your upstair window).

Please click this link to know what are bailiff's powers Debt Basics - Bailiff Guide - know your rights

[leeroy2009]

it is for arrears of around £70 from 2004, i spoke to the council the other day about me paying this off at £12 per month and they said no, then this letter arrived this morning.

i have a few health issues (mental issues) ive just been reading that a balif may no seize goods if i suffer from this kind of illness, but that was from another councils website im not sure if that was just that councils policy.

i understand about not letting them in etc, i just wasnt sure if they could kick my door down and enter that way.

[adamrao]

No they cant kick your door if they have not already been in your house.

£12 a month seems little offer. CT would only agree on £12 if you were on Income Support though there isnt much difference in basic Incap Ben. and Income Support.

They minimum CT would accept from non-IS person is £6 a week. If you cant afford this then send them your income and expenditure form (you can ask them to post one to you or you can download it). Fill that form and show them you cant more than £12 a month.

CT recovery procedure is definitley a bit flexable if you are getting Disability Living Allowance. How long you've been on Incap Ben? Is it a short term or long term? Do you still send sick notes to DWP?

[leeroy2009]

been getting it 7 years, and do not send any sicknotes, the most they can take off a persons income support is £2.90 per week or there about.

my incap is £102 per week.

[adamrao]

Originally Posted by leeroy2009

been getting it 7 years, and do not send any sicknotes, the most they can take off a persons income support is £2.90 per week or there about.

my incap is £102 per week.

Then please send income /expenditure form to your local CT department. If your Incap Ben aslo has income support entitlement then minimum payment (as you already know) would be £2.90 or £3.00 a week.

have you considered applying for DLA???

Download income and expenditure form from Documents - Income and Expenditure form

[leeroy2009]

Originally Posted by adamrao

Then please send income /expenditure form to your local CT department. If your Incap Ben aslo has income support entitlement then minimum payment (as you already know) would be £2.90 or £3.00 a week.

have you considered applying for DLA???

Download income and expenditure form from Documents - Income and Expenditure form

there is no income support in with my incap (thats why i dont get full council tax benifit)

and dla is the next thing to apply for when i get round to it, i will ask to speak to someone senior at the council tax dept on monday, wanna say thank you for taking the time to reply to me

[adamrao]

Originally Posted by leeroy2009

there is no income support in with my incap (thats why i dont get full council tax benifit)

and dla is the next thing to apply for when i get round to it, i will ask to speak to someone senior at the council tax dept on monday, wanna say thank you for taking the time to reply to me

No problem - any time.

for DLA the best thing is to ring Disability Services on 08457 123 456 and ask for an application pack. The good thing about ringing them is they will date stamp your DLA form and if you get the DLA, it will be backdated from the day you rang them for an application pack. Not a bad deal when you get DLA and one off payment as backdated.

Good Luck and look after yourself.