council tax please help..dont know what to do

[thebaglady]

Hello, and can i firstly say how brilliant this site is, i have been browsing, and tried to work out how to help myself from other posts, but i am too scared, and feel i need specific help/advice.

So here goes....sorry its so long

We - my husband and i are being hounded by council tax bailifs, i have tried to come to an arrangement with council a few months ago, and have made some payments. We owe 1547.76 - from this current year and part of last year. I am not sure if the debt is with the bailiff or back with the council - please dont suggest i ring or visit them as i am too nervous to do it. This seems so silly, but it is how i feel, my husband cant do it either, it is me that always deals with bills/debts etc - he is more rubbish than me at facing people. But please dont think i cant deal with people via letter, i can and will do so, just need the right advice.

The bailiffs (dukes) are now demanding, 3200.00 from our previous home which was repossessed, last October. We were under the impression that there was enough money left in equity - 20,000, to pay that off, they had a charging order, and also enough to pay off the secured loan we had of 10,000. I think most of the rest of the money must have gone in charges etc.

I would like to pay all this money that we owe, but we are just a normal working couple, and there is no way we can pay at the rate i just know they will expect - i do understand this is a priority debt. I am hoping to make an arrangement to pay it, while also allowing us to pay the current council tax bills when they come in, so we keep upto date.

The bailiffs left a note last week, listing my husbands taxi, which is a leased vehicle, we have been woried sick, as he has just got back to work properly since January, and only had vehicle 2 weeks....
I would really appreciate any help with letters, who do i contact, council or bailiff? I think i need to ask for a breakdown, to see if figures are correct, on all money owed.

We are petrified we may go to prison - the letter mentions this is a possibility. We have other debts too, and will be posting asking for help or those too, some are statute barred, but need to get this sorted out first, as it is affecting our health. We are awake most of the night worrying.

Many thanks in advance - I hope this is the right place to post, and that you understand this looooooooooooog post.

	Statute barred In principle, a debt cannot be enforced after 6 years from the date upon which it became due. The 6 years runs from the last time that the debt was acknowledged in any way or from the last time that a payment was made towards the debt. Once a debt has lapsed, it cannot be revived - even through a subsequent acknowledgement or payment. The relevant law is contained within the Limitation Act 1980.

[thebaglady]

Oh dear, is there nobody that can give me some advice on this, or am i posting incorrectly?

[silverfox1961]

Hi there,
I can tell you that you're not being ignored. there are some good people on here that can help. Perhaps it was because you posted at such a late hour that your post was missed. If no replies come your way, keep bumping your post so that it keeps appearing in new posts and I'm sure someone with experience of bailiffs will pop up.
sorry that I can't help

fox

[silverfox1961]

Try reading this thread.

Council Tax Baliffs

There is some bits in there that are similar to your own.

Try searching for "dukes" and you'll be surprised how much there is about them

fox

[thebaglady]

Thanks so much - i will do that.

[thebaglady]

Anyone help?

I have spent all day composing 2 letters, one to council and other to Dukes, took advice from other letters and tried to adapt them to our situation.
Basically what i have done is work out every penny we can spare for council tax - a one monthly payment, which is 230.00. Which i have worked out will more or less pay this current balance off before next bill arrives in April 09, then i will pay the expected payment so as to not get behind again, and then pay the rest of the 230 towards my previous property.
This is based on an income and expenditure form i completed for council a few months ago - i have clawed as much money as i can from everything, with priority given to rent, council tax, gas and electric, and food. I just hope they will take the debt back from the bailiffs and allow us to pay council direct, i have paid 100.00 today off the current bill, in the hope that they realise we are taking this seriously.
We dont have credit cards, but will have about 50.00 emergency money left over each month to offer other creditors.
But i will try to deal with those once this council tax is sorted out.
I have asked both council and bailiff for a breakdown of charges - as i think they have added much more on than they should (thanks to reading this site). Also i think the debt from previous property could be reduced as i am not sure they have adjusted balance from when we had property repossessed in Oct 07.

Hope i have done this right, i am scared they just wont accept it.
I just want everything dealt with as we are afraid of opening the door and the postman calling.

sorry again for this long post.

[ss002d6252]

There should be a class L exemption on your previous property from the date of repossession.

[thebaglady]

Do you think this is posted in the correct place, as it is my first post, wasnt quite sure.

[thebaglady]

Originally Posted by ss002d6252

There should be a class L exemption on your previous property from the date of repossession.

Thanks, so does that mean the liability charges could be reduced if they have charged upto April 08 instead of date of repossession, Oct 07?

[Conniff]

Don't worry about your husbands car. They cannot take tools of the trade especially the only tool for earning.

As the car is not his, that is the main reason they cannot touch it, it does not belong to your husband so cannot be included in 'property and chattels'.

They will probably want to see the leasing contract though.

[martin2006]

They will do an hpi check before trying to remove it. which will cleaely show it not his.
Dont let them in your home under any circumstances!!!

[thebaglady]

Originally Posted by Conniff

Don't worry about your husbands car. They cannot take tools of the trade especially the only tool for earning.

As the car is not his, that is the main reason they cannot touch it, it does not belong to your husband so cannot be included in 'property and chattels'.

They will probably want to see the leasing contract though.

Thanks for that, its reassuring about the car, and we have all the relevant paperwork, if needed.

[thebaglady]

Originally Posted by martin2006

They will do an hpi check before trying to remove it. which will cleaely show it not his.
Dont let them in your home under any circumstances!!!

Thanks - i definately wont let them in, i dont open the door anymore, unless i know who it is.

[lookinforinfo]

Baglady, I am so sorry to hear what you are going through.
As the bailiffs have written to you about the taxi, you would be best to write to them straight away advising them that the taxi is on a lease, and even if it were not, because the taxi represents the tools of your husbands trade, they are precluded from seizing it anyway.
Send them a copy of the lease [omitting the finance side of it] and sending it recorded delivery. Keep a copy of the letter and do not lose the postal receipt
as you may need it should the bailiffs still clamp the car. They should not, but they are prone to ignore the Law.
Might be an idea to park the car away from your house until they have accepted the position.

[thebaglady]

Originally Posted by lookinforinfo

Baglady, I am so sorry to hear what you are going through.
As the bailiffs have written to you about the taxi, you would be best to write to them straight away advising them that the taxi is on a lease, and even if it were not, because the taxi represents the tools of your husbands trade, they are precluded from seizing it anyway.
Send them a copy of the lease [omitting the finance side of it] and sending it recorded delivery. Keep a copy of the letter and do not lose the postal receipt
as you may need it should the bailiffs still clamp the car. They should not, but they are prone to ignore the Law.
Might be an idea to park the car away from your house until they have accepted the position.

Thanks for your advice, i will send the lease agreement tomorrow. I have written a letter telling them that the car is a taxi (it has a plate and council logo on it), and also it is on a lease, and doesnt belong to us.
I have made an offer to the council and asked them to take the debt back, also paid 100.00, so fingers crossed.
I am considering getting my local councillor involved - may just wait and see what response i get first?

I am just so glad to have found this site, i am still worried sick, but know others have and are still going through similar problems.

I have got another big problem though - I AM NOW ADDICTED TO THIS SITE

[Conniff]

If the council does take it back, you will still be liable for the bailiffs fees up to the point they took it back.

[pompeyfaith]

I would certainly send an email to you councillor they maybe able to help you after all thats what they are there for.

i send my councillor an email at 5.15 pm yesterday about my council taking there time in paying me a very large amount of money due to overpaying my bills since 1993.

I got a call from my councillor at 5.30 that evening some 15 mins later and he made an appointment with me at 12.00 pm today for us both to go to the civic centre to get it sorted.

End result got my money today at 12.15.

Just email you councillor and he or she will contact you.

Regards

Leon

[thebaglady]

Originally Posted by Conniff

If the council does take it back, you will still be liable for the bailiffs fees up to the point they took it back.

Yes i am sure that is something i will have to deal with, but i would need the figures checking first, as i think they have charged excessively.

I have no problem with paying them, but only the correct amount, they are entitled to.

[Conniff]

They should have given you a scale of charges, if they have not then ask for one.

[lookinforinfo]

Baglady, I can understand you not wanting to talk or visit the bailiffs, but it would be better if you could pluck up all your courage and see your Council.

You have a perfect right to go in and ask how much is outstanding for this year and last year. And they will tell you how much they added to those amounts in the way of Court costs. From that you may well have it confirmed that you are being overcharged by the Bailiffs.

If you still don't feel up to it, you can send the bailiffs an Subject Access Request along with £10 and ask for the name and certificate number[s] of the bailiffs involved and when and where they were certificated. You also want a breakdown of all the charges they have applied. A copy of the warrants that they have in relation to the Council. From that you will see how much your debts started off at
with Dukes and from there you may be able to work out if there is overcharging.

	Subject Access Request A Subject Access Request is a demand which you can make to any organisation to disclose any personal information which they hold on you. The right to disclosure of data is provided by the Data Protection Act. There is no time limit. The organisation is obliged to reveal everything they have about you - which you ask for - as far back as you ask for. There are very few exceptions. It does not matter whether the data is held on microfiche, in an archive, on tape, in a cardex system, in sound recordings or in screen notes. Some companies are saying that they do not have to disclose where it would be difficult to do so - "disproportionate effort". This is untrue. Disproportionate effort refers to something else under the Act. If you are seeking bank charges information then you should ask for "all data held on you" and you should make it clear that you want everything as far back as it goes. Do not be put off by excuses. Do not accept being fobbed off. It is not in your bank's interest to make full disclosure to you. This means that it is in your interests to get it. If you have not started gathering your bank charges information yet, then you should start now. There will soon be a big rush once the OFT test case has been settled. Get all of your bank account informtion as far back as possible. At least as far back as 1995. If your bank says that they don't keep data as far back as this, don't accept it. Be persistent. They've got what you need in some form or other.