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phillip swift

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  1. This is the stratagy I used a few years ago when I was in arrears with CT due to being out of work and I would phone up the council on payday and make a payment direct to them. It ****ed the ballif off no end to the point of him actually making an angry phone call to me demanding that I pay him or I would be sent to jail. despite numerous vists (I was never in) and letters all they got out of me was the charge for the 1st visit and second visit.I was genuinly shocked at this charge because I was so sure that when I left and moved to Scotland 3 years ago everything was settled and up to date. I even made what I though was a final payment once I'd moved.
  2. Thanks it didn't occur to me that it could be different liability orders. The council say that the total debt is £800 and that they have not written to me since 2011. I had left the property before any liability orders were issued and did not recieve them. They have never written to me at my current address.All I know is that the debt managment company are looking for £200 but you're probably right that they are different liability orders.My original plan was to pay the council direct and infact I've already made an online payment of £50 to them today and am happy to pay £50 per month to pay off the debt. I don't really want to pay ANY money to a collection agency but am happy to pay the debt. I'm more than happy to ignore a collection agent.As long as I can show proof that I am making regular payments to the council then I suspect no further enforcment action will take place because the payments are a reasonable amount and by making payments I am not refusing to pay. As I changed addresses a couple of times since then I can explain why I did not recieve the paperwork.
  3. Scot Call are the latest one but the first call was from a company called debt managment.I didn't think councils farmed out council tax to debt collection agencies but perhaps because I'm in Scotland Balliffs are not an option.
  4. I hope you can help me I'm confused about a council tax debt I was recently informed about. I had a phone call from a debt management company out of the blue and stupidy I was driving at the time so answered it believing it to be a work call. They informed me that I owe the council of an area I lived in for a while £200. They couldn't tell me what it was for but told me I had to pay now and asked how I would like to pay. As they couldn't tell me what it was for I politely told them to ram it believing it to be a [problem]. I have now received several letters from them and they have passed it to another debt management company who have written to me. I've finally managed to get hold of the council after spending what seems like hours on hold and yes I do owe them money for council tax. News to me as I left there in 2009 believing I'd paid everything. The thing that confuses me is the debt the management company are chasing is £200 however when speaking to the council the deby owed is £800 so I'm now wondering if I've messed up by contacting the council. My intention is to deal direct with the council and make regular online payments direct to them as I know they cannot refuse and I don't want to pay any extra to a management company. Have the council sold the debt expecting to get some back but write off the rest? in which case I'm cheaper paying the management company £200 and clearing the balance instead of the full £800 to the council. Is it common practice for councils to do this or having now found me would the management company come after me again for the full amount once I've paid the £200. I now live in Scotland so I know the rules are slightly different up here as doorstep collections and Balliffs are illegal but the courts can be tougher on people who don't pay their council tax. Any advice you can give would be helpful.
  5. I've been up here just 3 days. There is no Ba;;if action as yet but with me stopping payments for 3 months there may well be. I'm just trying to get clued up on the law up here and how things work so that I know my rights etc.
  6. No i've not lived here for more than 3 months. So can an English Liability Ofder be enforced in Scotland?
  7. I've recently moved from England and mailny thanks to this site have become familliar with the English ballif system and council tax collection. I have arrears from England and was paying the council direct but have been out of work so had to stop paying. I've always ignored Balliffs and never paid anything above the fees they are emtitled to and have never let them into the property. This was made easier by the fact they always called when I was out at work. I have found some part time work so will be able to pay something off the arrere soon. What i'd like to know is can an English Liability order be enforced in Scotland? What are the Scottish equivilant of Balliffs? Is the law up here the same i.e if I refuse them entry they cannot gain access to my property or levy on any goods. They can only charge for 2 visits and nothing more. Thanks in advance for your help.
  8. A few months ago I recieved a letter from HMCS about a fine i'd recieved (first i'd heard of it). I'd changed addresses a couple of times so I think it had taken them a while to track me down. I phoned them and spoke to someone about the offeence as it wasn't clear and was told that she couldn't give me those details but she would be in touch. She asked if I admitted to offence and I said I didn't know as I didn't know the details. Nothing ever came through the post until last week (I've just been on holiday for 2 weeks). It's a letter from Marstons saying that unless the total amount owed is paid plus their fees which are £97.50 within 7 days someone will attend to levy and remove goods. I've spoken to HMCS who say I have to deal direct with the Ballif and i've spoken to the Warrent Office who weren't very optimistic about being able to help me. At the moment i've not spoken to Marsdens at all and and i'd obviously prefer to enter into a payment plan with the court and not the Balliffs. Also with this type of offence what powers do the Balliffs have and can I (like you would with the council) pay them anyway by doing it online?
  9. The debt is for accountancy costs from when I was self employed (don't laugh) Unfortunatly I did go through some financial probleme hence the DMP and the fact that i'm now employed. Unfortunatly I can't even offer anything to the creditor until the 22nd of the month when I get paid. What I would like to know is if (assuming worse case senario) I do get a CCJ will it damage my credit rating any more than it is already with the defaults and the debt managment plan? Especially as it'll be marked as satistfied quite quickly.
  10. I've just recieved the court paperwork because someone is taking me to court for £350 (including court costs). It's through my own negligance that this has happened and I do admit liability but am unable to pay it off in one go. I am prepared to pay £100 per month though. I'm also on a debt managment plan and this isn't included in that. As i'm on a DMP and already have defaults my credit file is probably damaged anyway will a CCJ make it any worse? If i fill in the court paperwork and send it to the creditor and offer the £100 a month and they accept will that be counted as a CCJ? Any help or advice you can give me would be much appreciated.
  11. As it was on the phone he'd only deny it and I did consider calling him back once i'd double checked my facts but i'll leave it. My bet is it was a last ditched attempt to get the money from me and he won't presue anything apart from the visit fees. I had already sent the company a letter stating that I know my rights and that i'm aware of exactly what fees can and can't be charged.
  12. I'm not sure how they got my number but I had a call today from a guy saying he was a magistrates court balliff and that because i've vacated my rented house i've not committed 2 criminal offences (the council tax was for a previous address) plus a third for non payment of my council tax. I asked him to verify which account it was and he did and then said that I owe him nearly £400. When I asked him why that much he said it was the extra enforcment cost. I asked for the specifics of why the cost is that high and he didn't elaborate and then he said that unless I pay him he'll make a report back to the council and i'll be arrested. I did explain that he was only entitled to charge for 2 visits as he's not made a levy and he told me that whoever gave me that information is wrong and that he wasn't prepared to argue with me, I owe the money and I have to pay. I did say that i'd had a letter from his company saying the liability order has been settled and he said he works as a self employed balliff appoinited by the court (probably true) but I asked him who had instructed him and he wouldn't say until I said it was rossendales and he reluctantly said yes. I've since checked and the liability order is settled with the council so it's clear that this guy is just trying it on one last time in an efford to get his extra cash.
  13. I have almost paid the debt off and believe me I have no intention of letting a baliff anywhere near the property. My question was a general wondering about that type of situation ie if you've allowed them access to an ampty house and they are unable to levy can they automatically gain access to your new property because you have allowed them into a property in the past. I'm sure someone must have done it in the past if not just to wind the ballif up when he sees you have nothing in the house/flat.
  14. I've almost cleared a liability order by paying the council direct so the Ballifs have not had a penny of my money and have made their 2 visits. I returned home yesterday to find that he has hand delivered a letter saying full payment needed etc or else he will remove goods. There is only £100 left on the account and i'm going to pay that to the council direct today. I am moving house at the weekend though so what would happen if I allow the Ballif access to my house because it's empty and all of my stuff is either in the new house or in the removal van. Obviously there is nothing to levy on but because i've allowed him in once can they then force entry to my new address because they have been given access by me before?
  15. Unfortunatly it wasn't just a dd form it did have a caution on it and it says on the back that I may be prosecuted. What i'm wondering though is how likely it is given that it was a mix up with the payments when I changed banks that caused it.
  16. I had a visit from the TV licence guy last night and stupidly I let him in. My DD payments were messed up when I changed my bank account and although they sent letters I was going through some financial problems and still am so I didn't bother doing anything about it. I explained last night that I had changed banks and that's what the problem was so the guy set me up a new direct debit plan however he did caution me and I signed his bit of paper (yes I know now how stupid it was). He said they'd send me a new licence and then everything would be ok bur from reading on the internet now i've admitted to watching TV without a licence and even though i've bought a licence I could still have to go to court. I'd really like to avoid this and having my name in the paper because my employer won't be too impressed and it could jeapodise my job. Even though i've now bought a licence will I still be presecuted?
  17. I might be moving to this area within the next couple of months and I was wondering if anyone can give me some advice on good letting agents that don't charge huge admin fees. I understand that it can cost up to £50 to get checks done etc which is fine but I know people who in the past have been asked to pay up to £200 which is a lot of money when there's no guarantee of getting the money back if you get refused. Also do you know how much detail the credit check goes into because i'm on a debt managment plan and I don't have a great credit rating however i've never trashed a rented place and have never missed a rent payment. I also have a secure (well about as secure as any job these days) job and regular income. What are the chances of me being rejected?
  18. I'm so annoyed with my local council for passing a debt to the Ballifs before the end of this financial year. I've only got £100 to go before i've paid off my debt for a previous address and to clear this quicker I missed some of this years council tax payment. I stupidly thought that because another council had taken a good 9 months before passing a debt to the balifs i'd get to the end of the financial year and then be able to clear my debt before the balifs get involved and i'd also be able to keep up to date with the current ct aswell. I phoned the council yesterday to ask why my direct debit hasn't been started and I was informed that in January my debt was passed to the Ballifs, just when I though i'd be in the position to stick 2 fingers up at them because i've been paying the council direct. At least this time my car has already been sold to someone else and it's their name on the registration document - I have the reciept to say I sold it for £5 too. While I was on the phone to the council I made the first payment even though the woman refused to accept it at first saying that "you cannot pay me you must pay the ballifs because they'll want to come to your house and list your goods" (yea I bet they will). Once I asked her directly if she was refusing to take my payment her replay was "well obviously i'm not going to say no but you should pay the ballif". I just can't believe that when I though i'd be free of this i've now got to start again because they'll want to get their 2 visits in so they can charge the visit fees and i'll have to tell anyone who comes to stay with me not to leave windows open and not to let anyone in which is a bit embarasing as I don't like everyone knowing my financial business. At least it's the same ballif firm and I hope they'll know from last time that they cannot get any money out of me. For someone who's in debt and on a debt managment plan and trying to sort it out the council don't make it easy for you by passing your debt to the ballif so soon. I'm sure there are plenty of people in financial difficulty and don't know their rights and will end up paying double what they should because they've let a ballif in. Sorry for starting a new thread and I suppose at the moment i'm not really looking for advice which is what the forum is really for. I just wanted to rant a bit about how hard it can be to sort yourself out and just when you think you're rid of the ballifs you get booted in the nuts.
  19. Rossendales have been instructed to collect a council tax debt for my old address and so far i've continued to pay the council and after their 2 visits they've stopped visiting the house and have now started sending me letters. I did put in writing that I was prepared to pay a total of £100 a month to them but they replied that this offer has been rejected so i've continuted to pay the council anyway. They've never been in my house and have not levied on anything. I've now had a letter stating that i'm in breech of my agreement with them (an agreement that's far more than I offered) but as they rejected my offer I assumed that there was no agreement. I've also had a letter saying that my first payment is due on the 15th December but they've sent another letter dated the same as the others saying that unless I make full payment they'll send a van round and charge £150 plus. Can they charge a van fee if they've not levied on anything? I will continue to pay the council direct anyway.
  20. Rossendales are recovering unpaid council tax from me for my old address and after 2 visits of being unable to levy on anything they have now posted a blank walking possession order through the door. The only signature on the WPA is the balliffs so does this mean that they can't come back and enforce the debt? I have written to them stating that i'm prepared to pay by installments and they have also put a form through the door for me to fill in with the details of the installments.On this form they as for my work details, address and my job title plus my national insurance number and I can't see why I have to give those details so can I leave them blank? I'm also going to enclose my income and expenditure sheet and a schedule typed by me of the payments i'm intending to make and the dates of those payments. The problem is I'm going to be unable to make the first payment until at least the 28th November (I actually get paid on the 23rd but I want to allow a few days incase it takes a while for the payments to go through). The form though states that payments should commence immediatly so am I likely to get extra late fees added on to the bebt?
  21. To be honest it is worth a lot more than that and as soon as this is finished with i'll buy the car back. We've prepared the DVLA documents but they cannot be posted off until tomorrow so if the Balliff was to check the DVLA computer he'd see the car listed as owned by me. I'm worried that as the docs won't get to DVLA until Tuesday it could be argued that i'd sold the car after a levy has been made. Of course as the Balliff only visited last week and I was out at work he may not return so soon but as he might try and catch me before I go to work and I suppose with these guys you never know.
  22. Thanks again for your advice but i've got one more quick question. Ive just sold the car to a mate for £5 and I have a copy of the receipt to say that he now owns the car. As we won't be able to post the documents until tomorrow if the balliff turn up at my house before I leave in the morning and the car is in my driveway can he still levy on it? The reason I ask is that it's not easy to park the car away from the house on a Sunday night.
  23. Thanks for this. The insurance is up for renewal soon anyway and i've just got off the phone with them and they've told me that as long as I inform them that the ownership has changed it's legal for me to be the policyholder although I should make the new owner a named driver on the policy.
  24. Thanks for your advice so far. Here's where i'm at just now because i've been paying the council the original debt has been reduced to just over £400 however the letter that the Balif delivered is for the full amount of the liability order. The council are telling me that I should be dealing with the Baliff instead of them but obvuiously they're happy to keep taking the money. I'm also going to sell my car to a friend this weekend for £1 and get the documents sent off so that they can't levy on it. At the moment i'm having to park the car at work incase the guy from Rossendales comes back. I'm also writing to both the council and Rossendales explaining that i'm on a debt managment plan and am paying the council but I'm not dealing with a Balliff. I am also going to include an income and expenditure sheet to show what I can afford to pay. I also noticed that as technically there are 2 liability orders he's trying to charge me the £24 first visit fee twice. Can he do this? Also if he visits again and i'm out so he's unable to levy on anything does that mean he'll just return the debt to the council? and if this happens does it mean I could face prison even though i'm paying the council tax off in installments? Thanks for your help so far it's just that this is the first (and last) time i've been in this situation and i'm really nervous about what can happen.
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