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Equilibruim

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  1. Hello folks just a quick update.. Sent a letter to council requesting some more relevant info.. Letters coming from bailiffs about charges are inconsistent.. Either they removed 3 (illegal) fees totalling 75.50 and added up wrong or have made another error somewhere.. I have in writing what they intended to charge me then what they say they will charge now..! And they levied on the car... Which is clearly for fee purposes only as it is practically worthless.. Only sentimental value as we have been nursing her for years More when I hear, speak soon all x
  2. Thanks everyone... I'll compose a couple of letters this weekend for their attention Monday morning. I will quote as many of their breeches as possible. Do you think I should mention to council yet that I have evidence against some of the period or wait till I get full monthly breakdown of outstanding debt then officially dispute the debt which means technically they have a duty to investigate? And so retract case from bailiffs anyway? Thanks
  3. Well they could make goods up but they'd have to be a lucky shot to actually have anything on there of congruence?! They could have levied upon the car but as its an old (not vintage old, broken old!) non runner could be seen as levying to bulk costs and should have come with a breakdown / tow vehicle not a van lol? No I've had no notices accept the one he left on the 06/08 when I saw him, standard copy with blanks hand filled in when I was present... And about that notice.. (was written as if we were not home when they visited) and said they would be back within 24hrs with police) If he actually had any powers he would have rolled up with a police officer (to prevent breach of peace only) an a locksmith there and then or on one of the 'previous' visits. He had no right of entry. That's misrepresentation of powers? So can't see how charges can stand.. I say only 24.50 or possibly double that (2 financial years' debt) 1st visit only. how do I prove they never came before? Or gave notice either? I'm feel overwhelmed today! Thank you all x
  4. Well I received a preliminary breakdown from bailiffs about fees.. Date. Account 1. Account 2. Desc July 13th. 24.50. 24.50. Visit 1 July 20th. 18.00. 18.00. Visit 2 Aug 6. 33.00. 31.00. Levy fee Aug 6. - 150.00. Attendance / van Okay I'd like to clarify a few things... I thought max visit 1&2 = 42.50 no matter how many liability orders visit is about unless (I read) debt spans more than a year when 42.50 can be charged per year? In which case although I am building a case that we are not liable for one order should the charges have been placed over a number of years or like above is two on the same day acceptable bearing in mind the original l/o spans 2 financial years? Why levy fee? No goods have been listed for levy? Attendance / van fee? I thought bailiff could not turn up with van (I saw no van anyway) until after peaceful entry had been obtained and goods listed for levy? Do I have grounds for fee fraud? Furthermore date of original debt says 28th march 12, were the council not obligated to give me a 14days notice of passing of debt to collection agency? Also 6/8 was first time I saw bailiff and have had no letter or details left here at the time of these supposed visits 1&2 ? Shall I SARS both bailiff and council? Could I gain useful info? Thanks folks, hope you're enjoying your Friday
  5. Oh yes oh yes Managed to get a copy of tenancy agreement disproving 1 order completely and disproving 4 months of another Be in touch soon x
  6. Lol lol lol yes very very naughty! 70% of the debt period they could have traced us via the electoral roll! Buy why not leave it 10 years?! I thought thats how they caught up with people! No idea untill the details turn up where they have been sending these people for years (apparently!) The council are def not part of bailiff co but nevertheless behaviour parallels your input Actually boasts on the bailiff website that they recently acquired the cOntract which covers my area! Waiting for the breakdown of the 299.20... I could use a good chuckle...
  7. I called the council the day the bailiff came and went and collected the two liability orders. They both were issued within the same year as c/t was due. Trying to get copy of an old tenancy agreement which should disprove one of them and possibly part of the other one too if I can disprove liability at this stage? The figures on the LO do not match the ones lady at council quoted me on the phone even minus the payments that have been made against the account. No clarity! Great to hear from you
  8. Well good afternoon folks No news at all from the bailiff... Yesterday we were all out and I left an envelope on the doorstep addressed to the bailiff with a copy of the letter to his office plus the receipt of payment from the council and it was untouched so assumably they didnt call... OH & our little one were home today... I told them to bunker down and make like they were not home... I was expecting trouble after both bailiff office and council put the wind up me about making trouble for ourselves by not paying bailiff direct and having received by this morning no replies from either party I was a bit dubious about how day 2 could unfold... Had a reply from council this afternoon... says has notified bailiff that payment received and has asked bailiff to accept the lower monthly repayment i offered to council, they have. says as long as we pay bailiff on time at new rate starting next month they should have no reason to come around again. although understands reasons; is not willing to take case back. says have told bailiff not to discuss with me (as little one and i the venerable parties suffering most and not my debt) says if i dont receive requested breakdown of fees they will investigate Now... are all councils obliged to stick by those advisory regulations about venerable category people? Im sure i read that if even just one person in the house is venerable then the whole house should be regarded as so? Going to read more on this... Did i read that as soon as I pay bailiff a penny (not that i intend to lol!) I am liable for the ridiculous fees too? And if i pay council full liability amount the liability order cannot be enforced for fees only? Can they still pursue us in anyway? No way am we paying an additional £299.20 of which by me £274.70 (£24.50 1st visit only) are made up?! I offered the £24.50 and my offer stands. Next I will reply to council with what I can find out in regards to their obligations to ensure our wellbeing. Might even SAR them as I believe case shouldnt have been sent to bailiff anyway. Follow up email to mp office Makes me so cross that council and bailiff stick together like glue, mostly against people who either dont have access to info to help or are scared to act upon it. I hope what I did was right and that we will not have to pay the random ridiculous bailiff charges.... Look forward to hearing from you, regards
  9. Hello wonkeydonkey Yes I wrote to the council too with a schedule of payments and good reasons why the case should be handled by them... I / everyone has been out the house today do not sure what has been going on at home in my absence... No replies from anyone yet... Will keep posting as soon as I know anything! :$
  10. OPINIONS PLEASE - letter to bailiff Dear Sirs, I refer to your visit 06th August 2012 informingme that your company have been instructed by XX Council to enforcetwo liability orders against me, in respect of council tax. The purpose of this letter is to advise your company thatI am aware of my rights and that I will not allow a bailiff to enter my homepeacefully to levy on my goods. I would like to make it clear that I am not refusing topay the original debt of £XXX.XX; I will repay this liability directly toXX Council by way of monthly payments. XX Council hasalready received the first payment of £XX.00 and the receipt number for thispayment is XX. I am aware that under the Council Tax Administration& Enforcement Act 1993 (as amended), you can charge a first visit fee of£24.50 and a second visit fee, if necessary, of £18.00. No further visit feescan be imposed. As no levy has ever been made on my goods, no levy chargescan exist and in line with this; no further costs in regard to attendance feescan exist. Goods can only be seized with a list of goods to levy and therefore withouta list of goods to levy upon no attendance with the look to seize goods shouldever have taken place. As the figures provided by the attending bailiffs totalsmore than the £XXX.XX original debt + £24.50 first visit fee = £XXX.XX I feelit is most appropriate that the case be referred back to the council for furtherinvestigation. As the visit on 06/08/12 was the first and last necessaryvisit to our property I am offering as a gesture of goodwill make a payment of£24.50 in line with the above act. Should you choose to uptake this gesture ofgood will I will be happy to make a bank transfer for the figure of £24.50 onthe receipt of written confirmation of the completion of our communications. Anything else I should mention? Planning to leave a copy on my doorstep tomorrow, send one copy by email tonight and also post one by special delivery tomorrow?
  11. Okay... I am about to pay the council and forward the proof of payment to the bailiff and say no need for any further visits as i am in liaison with the council now. I will offer to pay the £24.50 as a gesture of goodwill....? Please don't leave me now; I honestly could not do this without the amazing support i have received from you and everyone thank you xx
  12. I had to chuckle.... First laugh I had all day... So you are absolutely sure that as long as I keep doors and windows closed they cannot do a thing? I just show them the receipt from the council payment and tell them to sling their hook? in the meantime write to the council proposing payments for the actual amount and await the breakdown in the post of bailiff debt / fees? Would i even need to contest the fees if i dont pay them? Am i liable for any of their fees?
  13. I am so very scared of the un announced visits and door poundings... Maybe I am not brave enough to tackle this I have not paid anything to anyone yet... Say I pay the council... Then send bailiff and their head office a confirmation of my payment to council tonight and they turn up tomorrow or the next day what do i say? do? tell them to naff off? Im reluctant to annoy the bailiff... He knows where I live and i already feel a prisoner here after his first visit!?
  14. I said no way to coming in / levy when he called before. He agreed a hefty sum (for us) each month I'd prefer to deal with council.. but I have to protect my reputation and possible future... I think I have to pay bailiff the first payment and then launch a case against both the charged fees and the council... I cant risk that they keep on coming around.. I'm sorry folks...
  15. Thats a shame Debating what to do... Would like to pay council, propose terms of repayment alongside a string of reasons why they could have traced OH easily without such action and therefore case should never have gone this far; show the bailiffs the proof of payment and tell them to / hope to hell they back off - furthermore, I now believe that he wasnt even living at the address for one of the liability order periods so would gather evidence to present to the council to support this! I could really use more time... If i paid bailiff first payment it potentially gives me a quiet month to prepare a case and to get the council to take back the case due to complete negligence on their part... Could receive bailiff breakdown and officially dispute charges... Where would that leave me? I feel I cannot handle regular visits it would interupt my life in so many ways... I have voluntary clients at home while I am re-training and potentially its reputation ruining if they happen to drop by then... in addition to how I actually feel inside knowing if we dont pay them we will have a visit tomo.. or the next day... or any other day...!
  16. Ploddertom is there a letter I can send prohibiting visits to my home? Perhaps on the basis that I will start charging them per visit? If so ill get that off to them too?...
  17. Many thanks I will do this right away so they can include all info when they respond to my earlier request on the telephone....
  18. I wish I did! - So I am literally at crunch point.. If we pay bailiff do we then become liable for all his fees and have to deal with them in future? Lady at council said pay first payment to get them off our back then we have 1 month to take it up with the council? No levy was ever made so not sure how they can charge attendance fee when no levy ever made, i have asked for breakdown of fees which they are sending by post. Lady at bailiff firm says that even if we make payment to council and tell them today and prove payment today they will still send someone round and charge for the service. How do I challenge these fees? How often are these challenges accepted? We didnt even have 14 day notice of the action, i guess it was sent to the old address they knew he wasnt living at? It is so ridiculous This is ruining me
  19. OK... spoke to council... they wont refuse payment but fear the agreement made with the bailiff will go into default and they will come around again.. She said I can write to the council to try to get them to take the case back but unlikely on my grounds as there are lots of families with children dealing with bailiffs and it wont be looked at today... She also recommended i make the first agreed payment to bailiff to give 1mth to look into it? Spoke to Bailiff Co and they say that they too fear if no payment made they will send the bailiff round as cant update their system. Said we would inform the bailiff directly and give proof of payment so no further visits were necessary they said it doesnt work like that... Fees: £299.20 on one account, she says the other account has no fees on it. Apparently previous visits have been made to other properties in the past.. Council gave bailiff chase address as the address the liabilities are for even knowing he was not registered there anymore and was registered elsewhere in the borough! Bailiff co says £24.50 1st £18.00 2nd and then Levy fee (no levy ever made on goods) and Attendance fee (can they charge this? no list of goods to levy was ever made so why bring a van if they cannot legally take any goods?) Help please I do not know what to do for the best
  20. Its true: technically he shouldn't speak to me about it... OH was present though... We are a family and have been for many years so we are intertwined with our budget and finacially act in a family way, its all in together and any repayment would come from that... It is the intimidation on the whole family which worries me... I dread being outside and feel imprisoned... I don't want them back here Thanks Ploddertom... I'll post when I have had some joy (hopefully) with the council
  21. thanks ploddertom 1 - The guy is unlikely to take my word for it though if I said for instance (and assuming the guy gets access somehow) this is mine... this is mine? What is the best way to protect my things? 2 - Bailiff said this... Council can choose him... her or both... They have picked you! He said you have to take the ex to court for half once you have paid it I am super nervous now... Ive had 3 horiffic nights' 'sleep' so far and the can feel the cracks! today is decision day pay them or expect more hassle from them :(
  22. Thank you dx100uk I will endeavour to liaise with the council today... I hope they are willing to negotiate as I know without something I can solidly tell the bailiffs by the end of the day the temptation to pay them 1st installment just to keep them away will be great Fingers crosssed
  23. Its two liability orders totalling £1250+. The lady in recovery checked this for me when I asked for copies of them from the archive. .. I have those with me now... I assumed nothing had been paid on them. . at least from our side.. will check tomorrow when I call her back to find out what period this covers... There is no way we could pay all at once online but we are willing to negotiate a regular, reasonable payment.. . Likely a smaller one but we will pay loyally rather than a larger repayment that would be harder to keep... No idea why the council have taken so long. . we lived in and were registered to vote in their borough from 2007 - 2008 when we moved and have been registered to vote in a neighbouring borough for the last 4 years, same house an d they had the address!.. . Before 2007 partner was registered at various times and paying c/t at other properties in their borough so he then / we now wouldn't have exactly been difficult to trace! So to summerise tomorrow I call and get the details I need and ask that they call off the dogs until dispute re: the split liability be solved. Even better if unlikely get them to agree a final settlement amount from ourselves (ideally 50% minimum reduction) and stress we are a can't pay much rather than won't pay anything. .. Do I ask them why it took them so long to chase the bill and why they didn't attempt to deal with us directly before taking such abrasive action..? Explain our current circumstances, child etc and hope they help? Call the local MP's office... Thank you for your time... it means a lot! I feel like im playing with fire with these bailiffs.. Scary stuff.. Seems like i'll be fending off the burleys again yet... I imagine if he doesnt get his payment tomo i'll see him on Tues I hate jumping at noises and feeling trapped in my home... Worried about unorthodox practices... I have family round lots too, our home is a hub... Its not good for my health and i'd hate for them all to be caught up in it too...
  24. Yes I thought I read about the £24.50 1st and £18.00 2nd visit.... If it goes back to council should I Pay the £24.50 for the 1st visit? I have the figures as per the two L/O issues in 2002 / 2003... Do you think as the bailiffs have a significantly lesser figure the council may be willing to negotiate on the total? After all I am not liable at all and partner and his ex questionably 50% each... I could probably sweeten the deal and with a little research probably provide a forwarding addess for the ex Thanks again I hate bailiffs x
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