Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
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.
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
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.
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.
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.
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.
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
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.
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 SAR 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.
council tax please help..dont know what to do
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.
Reply With Quote
Re: council tax please help..dont know what to do
Originally Posted by ss002d6252
