Council Tax/Lawson Maclaine - Telling me can only be sorted with a visit from them...

[ss002d6252]

It is right as far as the legislation goes - there is no legislation to force the council to take the account back, what the legislation does allow is for the council or the bailiff request that accounts be returned at their discretion.

Its not so much as not being bothered, its a matter of cost. Very few contacts with the bailiff will allow the council to take back cases for free - someone has to pay. Why should the rest of the taxpayers foot the bill ?

[Peepo]

The bailiffs came round this afternoon even though I cancelled the appointment. I wasnt home.
I have a letter through my door 'We have attended your address in order to execute a liability order, issued by the magistrates court'

Ive sent a letter to the council telling them it was wrong of them to send my account to bailiffs 2 days after I called them to say Id lost my job & 2 days after the first payment on the payment arrangement was due.
Hopefully they will see reason & see that they have treated me wronlgy & this matter can be sorted out.

All this mess is really uncalled for. All they had to do was reasess my payment arrangement to allow for me losing my job, not send my account to bailiffs.
Whats wrong with this country??

[Conniff]

You are so deluding yourself Peepo if you think the council give a damn about you, your family or your job.
As far as they are concerned, you are the selfish one for buying food when you could use that money to pay them.

Remember these are the people that sends pensioners to prison for non payment.

[Peepo]

True, but Ive read alot of success stories on this site regarding this matter so hopefully I will be one of the lucky ones for once in my life.

[Logan154]

I have the same problem with north tyneside council, the just won't talk to me.

I'll be watching your thread with interest, Good luck mate.

[Peepo]

I sent them this letter ...

'DOORSTEP COLLECTION VISIT – PLEASE READ CAREFULLY



I refer to your recent correspondence regarding a fee I was charged for an appointment which I cancelled 2 hours after it was made.

I note it is your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and civil action will be taken.'

And today recieved this reply.

'We are in reciept of your letter. As mentioned you had made an appointment with ourselves which was later cancelled. Unfortunately the bailiff still attended the property. You have advised you do not wish to make an appointment with ourselves, however we are acting on behalf of the council to collect the above outstanding debt.

As you are aware, paying for council tax is a priority debt and must be cleared to avoid commital proceedings commencing. If you are refusing to make an appointment to set an arrangement then full payment must be made directly to this office within 7 days, otherwise we will have no choice but to return the case back to the council for further action'

I have also sent letter to the council. I await their reply & have continued paying £5 per week towards the debt as per the original arrangement.

I hope it all works out ok.

[Peepo]

mm this is weird. I have recieved a letter today from Lawson Maclaine. It sais 'notice to levy distress for council tax'
The weird thing is it sais

'TAKE NOTICE That by virtue of an authority given to me by the above Council I have this day attempted to seize and distrain on the premises situated at the above address shown above for the goods specified in the following Inventory for the sum due for the arrears and costs under the liability order issued to the council in the Magistrates court.
NAD TAKE FURTHER NOTICE that unless the said amounts be paid inclusive of all the costs and charges of this Distress, from the date here of, the goods listed below will be distrained upon/removed from the premises and sold according to the law'

And then there is an inventory below that is empty

And then there is a form for me to sign called 'Form Of Walking Posession Agreement (Request To Not Remove Goods)'

Why have they sent this to me if they sent me a letter previous saying the debt would be sent back to the council?
Will this nightmare ever end???

[Billyhunt]

Peepo, if you are out of work and claiming benefit, for example jobseekers, then contact the council again and inform them of this and tell them you want them to take payment for the arrears directly from you benefit. This is approx £3.00 per week. The bailiff is trying to scare you with the letter they have left. They could take goods if they had been into your home to list them and you had signed an agreement but this is not the case and therefore the letter is worthless. Make sure your car is not available for them to clamp though if you have one. Remember they can only charge you for two visits and that is it, just dont let them in and dont sign anything. If on benefits and the council wont agree to taking payment from your benefit, pay them the equivelant so this proves you are not avoiding paying.

Good luck

Billy

[Peepo]

oke I will call them again. I always end up talking to the same guy though & hes obstructive & refuses to admit that they could stop all this & that its wrong Im being treated this way when they could just take it out of my benefit.

[Billyhunt]

Peepo, follow the call up with a brief letter if they refuse again. Just explain that further to the telphone calls with ***** I would like to offer payment again via my jobseekers allowance as you are able to take this directly from benefit. I have enclosed a cheque/postal order for £3.00 which is roughly the equivalent amount and will continue to pay this directly to you every week until you have organised payment direct from my jobseekers allowance.

Thank you


Then leave it with them. You are paying, they can get it direct if they want and there is nothing more that you can do if a judge were to look at the sitation. Just remember to pay regularly.

Good luck

Billy

[Peepo]

I recieved a call from the council today. The purpose of the call was to tell me to stop sending them letters, because the matter is in the hands of bailiffs & they dont want to know.

So it would appear this matter is not going to be resolved quickly. I cant believe they called to tell me that. Im really starting to lose my patience over this.

[Steveyo]

[quote=Peepo;1638153]I recieved a call from the council today. The purpose of the call was to tell me to stop sending them letters, because the matter is in the hands of bailiffs & they dont want to know.

They're just trying to fob you off.
They could deal with you- they just don't want to because they can't be bothered.
MAKE them bothered.
Write to them, call them, pay a personal visit to their one-call shop.
Make an absolute pest of yourself and eventually, they'll HAvE to deal with you, just to make you go away.
Cause work for them, they're generally lazy and are used to people caving in under pressure from the bailiffs.
It's what I did, and the problem has gone away without me having to pay them a penny.