I'm hoping someone can give me some solid advice/help here. We had a magistrates court summons for unpaid council tax, and as a previous years was on an attachment of earnings already, wrongly assumed that when the liability order was granted, this would be collected that way too.

Around 1 week ago, we received a letter from Chandlers advising they were going to visit. At this stage I tried to speak to the local council who have refused to queue it as an attachment and wouldn't consider my payment plan or recall from bailiffs and allow me to deal direct with them. Next thing I know we were woken up at 8 today with knocking on the door, and as we didn't answer a Notice of Enforcement was put through the letterbox.

I spoke to the council again as well as bailiff and the bailiff told me that no it was too late to make a payment arrangement and he would be back in hour and a half to seize goods. I went to speak to the CAB who phoned both bailiff and council, and got told much the same, bailiff went on to say he was coming back tomorrow morning and if we didn't let him in next step was apply to courts again for a locksmith.

CAB arranged an appointment to come back in tomorrow and do a money plan/budget thing with them which they say will go in my favour and help in trying to sort this.

I thought, but admit this could be wrong, that bailiffs couldn't just come and take your goods they had to levy them first. So am I falling for scare tactics from Chandlers or can they if they were to be let in, just up and seize stuff?

Any advice on what my next steps should be, as it is a minefield when neither Council not Chandlers are prepared to talk to you and let you arrange a repayment plan.

There is no right of entry for the bailiff

There will be no locksmith either

Do you have any car on the drive? It will be at risk

Unfortunately it has gone this far bailiff fees will be added to the debt

Either make arrangements to pay this with bailiffs

Or sit it out as eventually it will get handed back to the council

I'm hoping someone can give me some solid advice/help here. We had a magistrates court summons for unpaid council tax, and as a previous years was on an attachment of earnings already, wrongly assumed that when the liability order was granted, this would be collected that way too.

 

Around 1 week ago, we received a letter from Chandlers advising they were going to visit. At this stage I tried to speak to the local council who have refused to queue it as an attachment and wouldn't consider my payment plan or recall from bailiffs and allow me to deal direct with them.

Is the Attachment of Earnings Order still in place?

What amount is being deducted each month and if still in place, when roughly will the order cease?

How much is the new Liability Order for?

 

I went to speak to the CAB who phoned both bailiff and council, and got told much the same, bailiff went on to say he was coming back tomorrow morning and if we didn't let him in next step was apply to courts again for a locksmith. CAB arranged an appointment to come back in tomorrow and do a money plan/budget thing with them which they say will go in my favour and help in trying to sort this.

 

I thought, but admit this could be wrong, that bailiffs couldn't just come and take your goods they had to levy them first. So am I falling for scare tactics from Chandlers or can they if they were to be let in, just up and seize stuff?

 

Any advice on what my next steps should be, as it is a minefield when neither Council not Chandlers are prepared to talk to you and let you arrange a repayment plan.

In the first instance, please ignore any reference to a 'locksmith'. It is complete rubbish.

If the bailiff does visit tomorrow then a payment arrangement can be set up WITHOUT the need to come into your home. The reason for wanting to come into your home would be for the purpose of 'taking control of your goods' (previously referred to as a Walking Possession). I would personally NOT advise you to allow the bailiff entry into the house given that if you default (even by a day or so) in making any future payment the enforcement agent will have the legal right to start the process of forcibly entering your home. Additional costs will also be added to your account.

If you do have a car parked outside of your home this could be at stake.

The EA will possibly refuse to set up an agreemant without coming in. As BA states above don't let them in, if you do they will try to make the arrangement such that it is bound to fail so they can add the £110 sales fee.

The EA will possibly refuse to set up an agreemant without coming in. As BA states above don't let them in, if you do they will try to make the arrangement such that it is bound to fail so they can add the £110 sales fee.

The bailiff has already attended the property so the enforcement fee of £235 has been charged and accordingly, as long as a payment arrangement is set up the bailiff will be entitled to his commission so there should be no need to enter into a Controlled Goods Agreement.

Without knowing more about the previous (or current) attachment of earnings it is difficult to know whether the local authority are being unfair in not setting up a 2nd AOE. It is most unfortunate that the poster had not communicated with the local authority after receiving notification of the summons as the option of a 2nd AOE could have been discussed.

If you still have the earlier AOE it may be that the cumulative effect may take take the deduction over what is permitted, unfortunately they will not go on extending the term forever. If you are repeatedly getting into arrears over a period of years then the debt will never be paid off and in fact will roll up indefinitely.

You need to get a repayment plan set up which will repay this debt and enable you to meet the commitment of your present year to break the cycle. CAB should help you with this.

If you still have the earlier AOE it may be that the cumulative effect may take take the deduction over what is permitted, unfortunately they will not go on extending the term forever. If you are repeatedly getting into arrears over a period of years then the debt will never be paid off and in fact will roll up indefinitely.

 

You need to get a repayment plan set up which will repay this debt and enable you to meet the commitment of your present year to break the cycle. CAB should help you with this.

Get CAB to do a benefit check and look at income maximisation, and lowering outgoings.

It is a sad fact that Council Tax as it is not based on any ability to pay, is unaffordable to low wage families even in a modest council house.

Get CAB to do a benefit check and look at income maximisation, and lowering outgoings.

 

It is a sad fact that Council Tax as it is not based on any ability to pay, is unaffordable to low wage families even in a modest council house.

It is true, but until the figures are produced and it can be seen in black and white that the debt beyond the means of the debtor then nothing can be done.

Much of the cause of these long term debts(and i am not saying it is the case here, i do not have enough information) is people acting on advice to avoid debts. Even if successful in the short term they inevitably resurface and then combine with any more recent ones.

It is not helpful to advise people to engage in making complaints about how the debt is collected(as long as it is a legal procedure) nor is it helpful to recommend any of the other legal fantasies on the internet, when a debt is rightfully owed.

Generally the people advising this nonsense are victims of following the same advice themselves and remain up to their ears in debt.

It seems sadly they learn nothing from their experiences, but instead advise others to follow the same path.

Any update at all?

Is this a continuation of the problems you were having here ? http://www.consumeractiongroup.co.uk/forum/showthread.php?386388-Chandlers-bailiffs-arrived-today-regarding-unpaid-Council-Tax

Did you ask the LA if they could arrange a second AoE's? Or have you asked if you can get a suspended AoE's More info on this can be found here

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-money-from-your-wages/

For those of you that have more than one years worth of Ctax arrears could save money instead of paying the fees of the EA, I don't think there is anything wrong asking the LA to make the AoE's before it goes to Court, surely this is a better way forward and therefore saving the extra fees that need paying to the EA and added to the debt?

Since it is written on the CAB site that Councils should use and exhaust all other methods before using the EA, this is yet another option available to you to clear your arrears, even if you ask the LA to suspend the second one....

Did you ask the LA if they could arrange a second AoE's? Or have you asked if you can get a suspended AoE's More info on this can be found here

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-money-from-your-wages/

 

 

For those of you that have more than one years worth of Ctax arrears could save money instead of paying the fees of the EA, I don't think there is anything wrong asking the LA to make the AoE's before it goes to Court, surely this is a better way forward and therefore saving the extra fees that need paying to the EA and added to the debt?

 

 

Since it is written on the CAB site that Councils should use and exhaust all other methods before using the EA, this is yet another option available to you to clear your arrears, even if you ask the LA to suspend the second one....

HI MM, if you read the first post you see that the case is already with the EA and in fact the fees for compliance and enforcement would already be awarded. There are a number of reasons why an authority would not consider a second AOE first as said before, the cumulative amount may commit the debtor to an impossible repayment schedule if the debt is to be repaid within an acceptable time frame, the second is that a previous arrangement had been defaulted on, this I think is what happened here. Perhaps the OP would correct me on my last point, but reading her other thread it appears to be the case.

Did you ask the LA if they could arrange a second AoE's? Or have you asked if you can get a suspended AoE's More info on this can be found here

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/creditor-takes-money-from-your-wages/

 

 

For those of you that have more than one years worth of Ctax arrears could save money instead of paying the fees of the EA, I don't think there is anything wrong asking the LA to make the AoE's before it goes to Court, surely this is a better way forward and therefore saving the extra fees that need paying to the EA and added to the debt?

 

 

Since it is written on the CAB site that Councils should use and exhaust all other methods before using the EA, this is yet another option available to you to clear your arrears, even if you ask the LA to suspend the second one....

By the way MM the page form citizens advice refers to county court judgements not enforcements for council tax arrears.

The point I was trying to make was that you can have more than one AoE and this would be reflected in the payment arrangement Yes I do know the link was for the CC it was to show the point I was trying to make, also it could help other readers that have not had enforcement to date but getting close to being subject to a LO

HI MM, if you read the first post you see that the case is already with the EA and in fact the fees for compliance and enforcement would already be awarded. There are a number of reasons why an authority would not consider a second AOE first as said before, the cumulative amount may commit the debtor to an impossible repayment schedule if the debt is to be repaid within an acceptable time frame, the second is that a previous arrangement had been defaulted on, this I think is what happened here. Perhaps the OP would correct me on my last point, but reading her other thread it appears to be the case.

With the EA involvement they to are already asking defaulters to pay at a level that will fail regardless, this is so they can make even more money with the added fees.....

I dont think anyone on here has said that you cannot have two attachment of earnings, MM. But at the end of the day the enactment enables the authority to recover CT via a number of methods AOEs are just one of them, they will chose which ever is the most appropriate.

There is no law anywhere which states that an authority must issue an attachment of earnings whatever the circumstances, despite what you may read elsewhere.

The idea that you can complain to the CEO because you were not offered an AOE and be taken seriously To pay the debt which you owe the council(lest we forget) is absurd FMoTL nonsense.

With the EA involvement they to are already asking defaulters to pay at a level that will fail regardless, this is so they can make even more money with the added fees.....

As said the OPs debt is with the bailiff so it is a moot point.

Please point me any quote I have made that you should complain to the CEO? You cant!!! The fact you have such a narrow minded level that everyone is wrong and you are all so perfect, why do you always bring FMoTL into the equation? This is beyond me!!!!

Show me where I have stated that the LA must issue a second AoE again you cant so why do this? It is so wrong for you to state this.... It appears from your postings recently that the debtor must always pay an Bailiff, Why?

There are so many recovery procedures available unless you are stating this is the only way to recover a debt? Least we forget even the Bench can make or change a debt...

Even if it is with an EA there are still many other options open to clear this why does nobody ever comment on this?

To make the point even more valid DB the regs state that this is an option that the LA can take not necessarily the one they MUST take.... But I guess you are saying that everyone cannot do something different is wrong why? I guess that you are adamant that this is the only way to clear a debt then sadly you are very mistaken....

I am not going to get drawn into another of your inane circular arguments MM sorry.

That's great news if you don't like my posts report it or don't respond to them, sadly you still could not point out where you stated I had said things end of so please stop picking at my post or simply stop responding...

DB I am trying to say is that the LA can and should use AoE's much more than they are at present, this will allow them to collect the debt AND allow the debtor a chance to keep food in their fridge and a roof over their head.

Even the CAB are saying that this should be the case, with over 2m unemployed people plus those that are on sanctions will suffer even more than they are now, the OP should ask the LA to use this option, the EA will not like it but the LA and debtor could work better if those in this position actually asked for help from the LA/CAB when the first missed payment has been noticed.

I also suggest that the OP should complete a full I&E and TAKE it to the LA with all of their financial proofs and then see if after this information has been looked at then an agreement for a 2nd AoE to be issued or one suspended ...

Pride gets in the way of many debtors and forces them not to take what a savvie person would do and that is to ask for help....

Many of these new debts are for previous years and will make it very hard for the debtor to keep up to date with the current year and pay their rent as well. These debts are going to snowball for some defaulters and that is a shame.....

Read the last paragraph from here http://hackneycitizen.co.uk/2015/08/21/bailiffs-come-knocking-for-1000-residents-to-recover-council-tax/

I have started a new thread which could be the start of something new regarding collection of CT