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Council refusing to get bailiffs to return debt


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I'm currently advising a friend on council tax issues. She is 62, works 12 hours a week as a cleaner and earns £450 a month.

 

Sutton Council have decided she owes them for three years back council tax, despite the fact that they have NOT correctly assessed her benefit liability for those years, assuming incorrectly that her monthly earnings were weekly earnings.

 

They have two liability orders for past years and she was visited by a bailiff who entered the sheltered accommodation where we both live (she has a small flat downstairs from me). The bailiff levied on a tv (3 year old 32 inch Toshiba which I lent her when her old tv died) and a dvd player, the resale price of these would no even begin to cover his fees. She is paying them £30 a month on top of the £26 she was paying the council.

 

The council have now decided she is to pay them £48 a month for the remainder of last years (up to 31st March this year) bill and for the coming bill - so in total out of her £450 salary she is paying the council £85.

 

We went to see them today and the lady told us that they cannot get the debt back from the bailiff - she gave us the name of the person to write to so a letter will be done by the end of this week.

 

The council also refuse to accept that an attachment of earnings on her current salary is an 'acceptable expense' along with employees liability insurance so are working on her GROSS salary of £450 rather than the NET salary of about £400.

 

I've advised my friend (who is now in contact with Stepchange) to go for a DRO and take all the council tax bills, including the one due in a coup;e of days time into it.

 

The attachment of earnings is for an alleged DWP overpayment from 2001/2002....which again needs a bit more specialist help than I can give her.

 

Any advise as to what to put in the council tax letter re legislation allowing them to get the debts back from the council and reassess them would be helpfu.

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I would say that get the councillors and the MP for the LA to throw their weight behind the complaint also.

 

Exhaust the LA's complaints procedure, and CC in the councillors and MP.

 

Who is the LA?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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And, who are the bailiffs ?

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LA is London Borough of Sutton and the bailiffis is a shared service with London Borough of Merton - nasty lot indeed.

 

We are going to exhaust the council's complaints procedure first.

 

She is going for a debt relief order, and take this coming years council tax in with it. Should also wipe out the DWP's attachment of earnings.

 

Trouble is my friend sits on things instead of dealing with them immediately and she doesn't like 'chasing' people. I've told her to put everything in writing and try to stay off the phone - she does like phoning them!

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I've told her to put everything in writing and try to stay off the phone - she does like phoning them!

 

Easy way to show her why she should put it in writing. ring her have a conversation with her, then visit her and deny all knowledge of the call having ever taken place.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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