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Found 113 results

  1. My situation is this: I was diagnosed as bipolar a long time ago. I now work part-time (18 hours) but in the past I claimed Incapacity benefit, housing and council tax benefits from Hackney Council. I moved from Hackney in 2006. Before Christmas I was sent notice of historic LOs for council tax for 2004, 2005 and 2006 - the council tax was due in those years I think. Because my mental health is an enduring issue I live in a pretty bad state of disorganisation and I didn't open the letters about the enforcement of the LOs until last week, which is also when the bailiff for Chandlers arrived - only posting a letter - with the three LOs and adding £24.50 per order (despite only making one visit - is this permissible?). I have read the forums over the weekend and this morning sent an email to the council identifying myself as a vulnerable person because of my mental health and asking that they take the case back from the bailiffs. I have documentary evidence of my mental health status. I have not contacted the bailiffs, and because they will have seen my old banger outside my house when they visited I have parked it away from the house. Should I also send a recorded delivery letter to them as well as contacting the council, so they are aware of my mental health diagnosis. How I owe the money I don't know - I thought I was on full CTB for Incapacity Benefit. Maybe I wasn't. My mental health means I am not always on top of things, and it affects my memory adversely. I am hoping I can find some paperwork relating to that period - but as it is between 8 and 6 years ago I don't hold out much hope. Any advice appreciated. I am quite focused on staying well and getting to work and am trying not to melt down which is why I avoid the telephone - it's like a red rag to a bull to me.
  2. I'm living in Haringey Council and am late paying my council tax (two weeks late) and I've just received a summons for nonpayment of my council tax. Can they do this without sending a reminder or a final demand? It's come as a bit of a shock. Any wisdom appreciated. Thanks.
  3. I moved out of Cherwell District Council and they closed my account and sent me a refund. I queried this refund and was told it was correct and therefore it was issued to me. One month later after moving they sent me a bill for the refunded amount. I spoke with them and was told they made a mistake, and was told to write in. I wrote in detailing events and received a letter back now admitting there was a mistake and my bill was calculated incorrectly. Even though the refund was issued after me checking they say I must pay them and if I don't asap recovery action will be taken incuring costs! I have a disability and live on Incapacity benefit and DLA, I spent the refund moving house so I do not have it now. Can they legally ask for it back? Thanks
  4. Hi everyone, A friend of mine is being hassled by Phoenix Collections regarding some arrears on a council tax bill, and I've volunteered to help her out. In a nutshell, she ended up 2 months behind with her council tax, which totalled £267. The council passed it onto Phoenix to collect on, they got in touch with her, and she agreed to pay it, which they said the balance associated was 259.50, at £50 a month (phoenix1.pdf). She cleared £200 of it, but missed a payment in September, and they're now demanding the remaining balance - which has jumped to £285.50, regardless of the amount she's paid off. A bailiff apparently visited her home while she was at work, and handed a letter to her teenage son (attachment phoenix2.pdf). Since then, she called the bailiff up, who left her quite distraught, and bullied her into agreeing to him coming to her door when she's paid after the end of the month. Having contacted Pendle Borough Council, apparently they've received nothing from Phoenix as of yet., although the balance on the "balance brought forward" on the council tax bill is labelled at £267. From scanning over the forum, my first thought is to request a full breakdown of fees from them, and revoke their permission to turn up on her doorstep. I'm not sure whether it requires an SAR or just a fee breakdown request, but something along the lines of the following gleaned from various other posts was my thought on an attack route: From: [friend in question, address] To: Phoenix Commercial Collections [etc] Dear Sir With reference to the above account. Can you please provide me with a breakdown of the charges including a suitable computer screenshot. This includes: a - the time & date of any bailiff action that incurred a Fee. b - the reason for the fee. c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged. d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at. e - the date of the Certification. This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information. I require this information within 14 days. Please be advised that I will only communicate with you in writing. Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you, and the appointment made with your bailiff was under emotional duress, which I am withdrawing. There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. Yours faithfully [friend's name] As a side note, are they allowed to charge 50p a pop for each card payment? I'd really appreciate any advice or guidance anyone can give me on this issue. I'm far from an expert in this sort of thing, but one thing I do hate is bullies, ridiculous charges, and seeing how much upset this has caused. I really want to put this to rights.
  5. October 13th 2009 I signed a agreement with the bailiff to pay a fixed amount every month. There were 3 names on the debt as i lived with friends at the property, but only 2 of us paid each month because we were out of contact with the other friend so we just decided to pay it ourselves (the girl who pays the debt with me is girl 2 and the girl we don't speak to anymore is girl 3 in the story) 1st of October this month i paid my share of the payment agreement but when my friend (girl 2) rang up it was saying the reference number was wrong so she phoned the Ross and Roberts office and a women at Ross and Roberts told my friend that the debt had been paid, she immediately rang me and told me i was really unsure about this cause i knew what the consequences would be if the payment wasn't made and we still owed money.....So she then rang them back and asked again if they were sure it had been paid so we could have piece of mind and she reasured us it had been paid!!! BUT as i suspected on the 19th of October i got a phone call saying we had defaulted on the payment and they were outside my property wanting a payment else they were taking my goods as you can imagine i was in a mess i was trying to explain to him what had happened but all he kept saying was he didn't care what the women had send to me we still have debt left on the account! I asked him why the lady in the Ross and Roberts office said that the debt was paid and he basically accused my friend (girl 2) of lying, I rang my friend (girl 2) and she asked for the bailiffs number and rang him to ask him about it, when she did this however he told her that her name wasn't even on the debt that's why the lady had told her it was paid because this debt was for me and the other girl we lived with (girl 3)!! I WAS IN SHOCK, there hadn't been a time in the past 5 years that me and girl 2 had not lived together and i had never had a council tax bill or ever lived on my own with girl 3....................i had to pay the bailiff £200 to get rid of him and he put on loads of extra charges for being outside my property so what was a little debt is now large again because of this!! The next day i was so upset and couldn't get the thought out of my head, i went and found all the original paperwork and the case he is referring to (same reference number on the new letter and the original document from 13th October 2009) has got my name, girl 3 and GIRL 2 on!!!! This is there mistake basically they are punishing me for there mistake as if they never told my friend her name wasn't on it when she rang the Ross and Roberts she would have got the new reference and she would have paid her share and this whole situation would have been avoided!!!!! Why does it have all 3 of our names on the original paperwork but only mine and girl 3 on Ross and Roberts system????? Has anyone else had a similar experiences or have any advice on how i can take this matter further?? I have all the original paper work to prove it!!! Thanks to anyone who can help!!
  6. Hello all, My Mother has got behind on Council Tax payments and has been issued with a court summons for Friday. I want to avoid court, so I was wondering what I could do to help her? I was thinking of writing out an income/expenditure list and a letter explaining why she got behind and how she will be able to start repayments soon due to a change in circumstances. If this was done, do you think court would be avoided? Or should I simply prepare this information for the court day? Many Thanks DC
  7. Ok guys, here goes for a candidate for the most complicated thread going. Heres a few facts. (Jump to the end if you don't want to know the specifics.) I was unemployed from Oct 2010 till June 2011. Started working again in late June, but on about a 1/3 of what I used to have coming in, so I'm considering going down the IVA route. I fell behind with my council tax, and wrote to the council, but got no reply. I also wrote to them, explaining my wife had moved in with me, and that they needed to take off the single person discount. Again, no reply. I then got taken to court. Now, at the same time, my wife took seriously ill, and at one point the doctors seriously thought she was going to die. She was in hospital for three weeks around the time all this was going on, and to be honest, my priorities were not on the council tax. She is still off sick as I write this. The next thing, I got a reminder / demand from the council for £369 (approx) It said I had to pay £37.99 immediately, and the remainder in 28 days. I paid the £37.99 immediately. Literally, the next day, two bailiffs from Rossendales arrived at my door. They demanded money, and said I owed over £1000. I showed them the documentation I'd had from the Council, and confirmed it was for the same account. We were both confused, but that didn't stop them demanding money (Although, to be fair, they were polite and professional.) I emptied my wallet, and paid off £100. They suggested I talk to the council and Rossendales over the matter. I then wrote to Rossendales, asking about the account, and asking time to pay at £100 per month. (This was late August, btw.) I also wrote to the Council, complaining about all this. Someone from Liberata (Their agents) called me back, but as I was driving at the time, I asked them to call back. They didn't. I repeated my letter to the Council on or around the 10th of October. As I had not heard anything from either Rossendales or the council, I paid £159 to the council on the 11th online, and have the receipt for that. On the night of the 12th, I was upstairs working, when my doorbell rang repeatedly (30-40 times) When I opened the door, the guy said he was here for my stuff and was quite intimidating and (IMO) threatening. He offered no identifiaction, and literally threw a bit of paper that said that I had 24 hours to pay the full amount. No if's, no buts. PAY IT ALL NOW. Now, as I've had some experience with bailiffs and bullying before, I explained to him that if he didn't desist, I would call the police and have him arrested under section 40 of the administration of Justice Act 1970. This seemed to deter him, and he drove off, promising he would be back. I called the police, and they said that if he returned, I was to call them. Next morning, I got the same tactic. Constant ringing of the doorbell. I called the police before opening the door. I did not allow him in. He then said that he was taking the car. Now, I use / need the car for my work (both jobs), and told him that. He said he didn't care because it wasn't signwritten. The police arrived, and I expressely stated to the officer that I did was not allowing the bailiff in. He recorded that in his notebook. The police officer then asked me to retrieve a document for him, and I repeated that the bailiff was not allowed to enter the house. The officer agreed. When I turned round, the bailiff walked past the officer and claimed he had the right. The officer did nothing. I then asked the bailiff to leave, which he repeatedly refused to do. He then went about my house "levying stuff." He clearly (and in front of the police officer) stated that he was going to take EVERYTHING I had. I asked the officer to note this down in his book, which he did. I explained to both the bailiff and the police that I had two jobs. One, as a computer engineer, and one as a photographer, and that items linked to those were part of my livelyhood, and were classed as tools of the trade. The bailiff repeated that he didn't care, and was taking everything. Now, while he did not actually seized "everything" he seized ONLY items relevant to my work. He took my camera, my lighting, my tripods, etc. Even my wife's camera (Which she has a receipt for.) He also seized the car. The whole worth of the items taken is around £14000. Right. Sorry for taking so long. I've now done some research, and spoken with solicitors, etc. but to be honest, if I had enough money to pay the solicitors, I'd pay the bastards their money! My points, bearing in mind this is for council tax, so bailiffs have diferent rights, etc.: 1. Was his entry legal? My solicitor (On the free consultation I had with him) says no. He says it was classified as forced entry because I'd told him, and that I had repeated my instruction to a police officer, who then had the responsibility to prevent him entering. 2. Was the seizure ONLY of goods relating to my employment legal and fair? He claims that he has the right to take anything he wants (And told the police he intended to take everything.) 3. Was he right in taking my wife's property? She offered him receipts, but he refused to accept them. 4. The warrant itself. My understanding is that because there was a complaint / dispute over the bill, the warrant should have been suspended until the official outcome. 4. The car....... Complicated time again. I initially claimed it was tools of the trade, but then the police said it wasn't even registered to me anyway. It turns out that (By coincidence) the DVLA lost the forms I sent in (Or they were lost in the post, etc.) This was about a year ago, and really doesn't have anything to do with this case OTHER than show I didn't own the car. The only thing connecting me to the car is the insurance I have on it. So, I am now claiming that it was not my property, but my wife's (We have the Credit card receipt in her name for it, and she has now taken steps to have it registered in her name.) 5. Now, an even more complicated situation over the camera...... When researching complaints against, I came across a couple of points. A reason for having his license revoked is if the bailiff: Removes intellectual property or item covered under the copyright, designs and patents act 1988 or a computer containing the aforementioned Now, my camera had 600 plus images - of clearly verifiable commercial value - on it when seized, and my wife has 200+ images of shots of her friends and family. We both asked the bailiff if we could remove the cards, and he refused. Now, I'm quite conversaant with copyright law (Having taken courses etc on it) and each and every one of the images are classed as intellectual property and covered by the copyright act 1988. The second part, goes back to tools of the trade. From my research, the most common grounds for denying items as tools of the trade, is that they may be used by other people, or in non business related environment. The camera and lighting seized are absolutely NEVER used for anything but commercial or educational use (I am a registered student, doing a degree course in Photography) It is a highly complex camera, and classed as "Professional" in all advertising I've ever seen for it. The lighting is not simple flashguns, but professional quality studio lighting which has only ever been used in a professional context. I clearly and categorically need them ONLY for my work and studies. Nothing else. So, that's my position. Unable to work. Unable to pay the full debt, but able to pay the instalments offered. I feel the bailiff has breached / broken the law in the ways mentioned. What I need to know is: How to get redress and / or how to get my stuff back fortwith. Thanks for your patience in reading all this. D.
  8. I wonder if someone can advise me. I had debt with the council tax for £360 because of defaulted payments. And a debt for £325 from previous years. Manchester city council set up an attachment of earning certificates and took £662 out of my salary last month in one fell swoop they were able to do this due to the fact that I had earned some overtime for the first time in months. I thought to myself ah well its paid now lets get on with things........ So I thought then today while I was at work my son called me to tell me that the bailiffs had been and that they were coming to seize my goods if I had not paid the amount owing in 24 hours. I called them back and told them that there was some mistake as I had an attachment of earnings on last months salary but they were having none of it and said 24 hours or they will take goods. They said that they can enter my home even if I am not there and take goods. I asked for a breakdown of cost which work out at £375 of the previous debt, £200 for the van to come out and £100 for the court costs. working out at £670 that has to be paid in 24 hours I can do this. I dont have the money what can I do???? 2me2u2
  9. Today my parents received a letter at their London address (where i dont live since Feb 2011) regarding council tax which i owed of £1003.81 for a Birmingham address. I had a monthly direct debit set-up for some reason ended up failing and being removed, since then this is the first time i have heard from Equita. The letter is under my wife's and my name she is out of work since Feb 2011 til present and i have just started last week. None of us have the funds to pay the amount. The letter posted THROUGH THE DOOR on the 10th Oct 2011 stated: "Payment due in full in 24 hours.....i have attended today with the intention of removing goods and chattels as are necessary to discharge the outstanding council tax liability order and additional enforcement charges cost.....Please note no further arrangements are acceptable and payment is now required in full......i will attend your address to remove goods even in your absence....should you wish to avoid this contact me immediately....no contact will be taken as your refusal to pay" I rang them (before reading that i shouldnt ) to say my parents received this letter but i dont live there anymore. I told him i have been out of work for 2 years and only started working this week. He replied saying it doesn't matter he needs full payment or a court order would be issued, i said it doesnt matter even if i go to court as i cant pay and will still arrange a monthly plan. Obviously more fees would be occurred so i would rather deal with this matter ASAP. The bailiff told me he'll give me til Thursday (4 days) to try and get the money but said i doubt i can. The only method for me will be to get a monthly plan sorted again but im not sure they will....or is there any way i can? Please do help me
  10. Earlier today I tried setting up a payment plan with Equita to pay off my Birmingham city council Tax bill off £1,086.24. I offered to pay £100 a month to them which they said was acceptable but I had to make my first payment today. Unfortunately I told them I could make a payment till Wednesday so they refused to put payments on hold till then and told me that I would still be liable for extra charges till I make first payment. Is there any one I can contact to try to get them to wait till Wednesday without commencing any extra action. I am worried as I have previously had them turn up on my door step and levy vehicles on my drive before I have even received letters from them (previous debt) and I currently have a car parked on my drive which I've declared SORN as I'm attempting to sell it to try to raise money to pay of my debts. Unfortunately as car is not insured or taxed I can't move it to different location. Any advice greatly appreciated
  11. Dear all, I owed a total of £1,923.06 to Camden council: £ 969.43 (council tax for period 29/09/08 to 31/03/09) £ 953.63 (council tax for period 01/04/09 to 28/09/09) I was totally unaware of this debt until I was contacted and visited by a bailiff from Rundle&Co who had taken on my debt. The first visit occured in the first weeks of February. I was away from home and was left a message to contact him. The second visit occured in the last week of February. The bailiff visited me and started bullying me into paying the debt immediately etc. I agreed to pay to the debt by direct bank order. Anyway, I ended up paying a total of £2,440.06: £ 1,168.13 (council tax for period 29/09/08 to 31/03/09) on 17 February 2011 £ 1,271.93 (council tax for period 01/04/09 to 28/09/09) on 28 February 2011 meaning that I paid £517 extra in unspecified bailiff fees. Recently, I requested a breakdown of the fees paid and they replied: Council tax debt for period 29/09/08 to 31/03/09: Debt : £1,054.43 Visit fee 1 : £24.50 Visit fee 2 : £18.00 Levy fee : £55.00 Attendance/Van : £120.00 Total : £1271.93 Council tax debt for period 01/04/09 to 28/09/09: Debt : £953.63 Visit fee 1 : £24.50 Visit fee 2 : £18.00 Levy fee : £52.00 Attendance/Van : £120.00 Total: £1168.13 I understand that the levy fee relates to making a list of my property. This never occured. In addition, I am not sure what the van fee relates to but I am sure it is a fraud charge. Also, why is the debt in the first case increased by £85.00?? Is this a standard bailiff practice to also increase the amount of debt? In addition, is it OK for them to charge twice for the same visit? (The bailiff's visit was related to two separate debt collection cases). My question is this. What is the best route to take in challenging these charges/fees and getting my money back? since seeing this breakdown of fees and reading several other threads on this forum I understand that this over/fraud charging is a standard practice by bailiffs and I have no intention of allowing this! thank you very much for your help! Much appreciated
  12. Hi I have recently moved back into my parents house after 3 years with my partner. We're waiting on getting a new flat. Bailiffs (Rossendales) have turned up at my parents house today with a letter saying Bailiff Removal. They say i have 24 hrs to pay £2422.78 in council tax (which i thought was already being paid the an Attachment of Earnings, apparently not) Now i wasnt in, i was at work. My dad says they did enter the property, but he didnt sign anything, and they didnt make a list of goods they were going to take when they come back in less than 24hrs. This is an impossible amount of money to try and find. They say they are going to turn up at my partners house too. They havent been there yet. I phoned the Debt Helpline and they gave me alot of information, just a couple of things i have forgot to ask. 1. Can they force re-entry and take stuff even though there is no levvy and nothing has been signed? He only dropped the letter off, but was in the house. 2. Should i phone them in the morning and let them no that they cant take anything cos he doesnt have a levvy? and therefore no to bother coming back and i will make arrangements to pay and 3. What happens if no-one is in tomorrow. Im at work and so is my mam, but my dad is off. We were all going to stay home, but were wondering what would happen if we werent in. Thank you for any help
  13. Hi I have recently moved back into my parents house after 3 years with my partner. We're waiting on getting a new flat. Bailiffs (Rossendales) have turned up at my parents house today with a letter saying Bailiff Removal. They say i have 24 hrs to pay £2422.78 in council tax (which i thought was already being paid the an Attachment of Earnings, apparently not) Now i wasnt in, i was at work. My dad says they did enter the property, but he didnt sign anything, and they didnt make a list of goods they were going to take when they come back in less than 24hrs. This is an impossible amount of money to try and find. They say they are going to turn up at my partners house too. They havent been there yet. I phoned the Debt Helpline and they gave me alot of information, just a couple of things i have forgot to ask. 1. Can they force re-entry and take stuff even though there is no levvy and nothing has been signed? He only dropped the letter off, but was in the house. 2. Should i phone them in the morning and let them no that they cant take anything cos he doesnt have a levvy? and therefore no to bother coming back and i will make arrangements to pay and 3. What happens if no-one is in tomorrow. Im at work and so is my mam, but my dad is off. We were all going to stay home, but were wondering what would happen if we werent in. Thank you for any help
  14. I was wondering if anybody could help me regarding council tax debt that has been handed over to Rossendales . The original debt is for £216, which i despute as I moved out of the property a month early but cant prove where i moved to as I ended up staying in squatted property. I realise this is kind of my fault and Im going to have to pay. I have not been able to pay due to having difficulty finding employment. I reached an agreement for the council to take money out of my benefit - but they failed to tell me that it would take them some months to process and by the time they had sorted out taking money from my benefit I had gone back into full time education in the hope of increasing my chances of getting a job. The first thing I knew about the failed payments was when I got a letter from Rossendales demanding money from me. I have contacted the council I owe money to but they are unwilling to help what so ever, even though I have no savings, no income apart from my student loan and I don't even have a fixed address! Rossendales have visited my fathers house once in person that I know about, and dropped off a liability letter asking me to pay in full in 24 hours, but they failed to write down how much I owe them. I phoned their head office and the bailiff in charge of my account and have written to the head office asking for a breakdown of all charges I have incurred through them, which they refuse to give me until I pay the account! All they will tell me is that I owe over £450! Debtline has assured me that they can only charge me just over £44 for two visits so if thats true Rossendales are over charging me by around £190?? Can anybody tell me exactly how much they can legally charge me? I have written a complaint to the council, Rossendales and the enforcement services association due to the fact that they refuse to give me a breakdown of my account. Would the best option be just to pay the council direct? If i did this would I still be liable to these ridiculous charges from Rossendales? They havnt been into my fathers house and never will get in, I own nothing of value apart from a laptop and speakers which are vital to my university course and I have never made a refusal to pay my debt, in fact I have been actively trying to pay the debt off. I can afford to pay the council the £216 next month (which will leave me short of money to live on but I just want this over with now) Can anybody offer me some advice on what to do. Thank you very much
  15. Hi. I have a cuoncil tax debt in 2 parts, one of which was passed to Ross and Roberts bailiffs. I wrote letters to the both the council and the bailiffs ouitlining my intentions to pay £12.50 per week to the council and asked the council to take the debt back from the bailiff as I think I fall into the category of a "vulnerable" person. I live alone, am disabled and in receipt of benefits due to being chronically sick. I received letters this morning, one from the council and one from the bailiff. The council said they are happy for me to pay them £7 per week, but the amount which was passed to the baillif must be paid to Ross and Roberts at £5 per week. They are unwilling to take back te debt as they say i have ignored chances to pay since may of this year. Can anyone pass on any advice on the "vulnerable" person issue? They seem to have ignored it. I have/will carry on paying £12.50 to the council on a weekly basis, but am unsure as to what I should tell the bailiff... Any help is appreciated! Thanks.
  16. My council (Edinburgh) is applying to sequestrate me for council tax I don't owe. The disputed sum is big but I have more capital than its value. I have been making a repeated appeal annually, clearly on grounds of error of calculation. By law, anyone charged council tax has an absolute automatic right to do that, and the grounds may be anything the appellant perceives as an error of calculation. This is explicit in all the public information on council tax appeals and in the Local Government Finance Act 1992. It is a matter of simple exact statue law that has so shades of interpretation. The council has no veto over my appeal: if it disagrees with it it must contest it. But the council has for 8 years been ignoring all my appeals and refusing to recognise them, on grounds of claiming that they are - not relevant appeals - It has kept on sending me sheriff officer's letters in pursuit of the appealed sums. I always answered those in full, only to get eventual repetitions of them ignoring my explanations or else arbitrarily stating that the council has said my appeals are not appeals and do not count. Never have they answered my point that the council has no power to do that. Now the council has taken straight to sequestration a dispute that should have gone through a council tax appeal. Its claims that I owe the sum simply ignores my appeals, hence must be based on claiming a power so to so, contrary to all the public info on the appeals system. The council has always known it could dispose of the issue just by contesting one appeal and after that my council tax position would be normal again. It can't be portrayed as reaonsable for the council to pigheadedly refuse to contest an appeal, knowing that and knowing the appeal is being repeated annually, and instead knowingly to let the situation drag on for years. The council must also be wrong, if it thinks it has any case, knowingly to wait while a sum it intended ever to claim mounts up and becomes more intimidating. That is obviously bullying. It has never taken any of the less drastic approaches to enforcement, e.g. bank accounts. I have lodged as my defence, those points on the action's excessiveness, and my documentary record of the years of lodged and ignored appeals, and the Local Government Finance Act and the public info on the right to make appeals. It would be illegal for the court to find against me, for it would abolish the principle that folks should believe published official information on the law, and then there would be no basis to expect me to believe and obey anything the sequestrator said either. I have put that to both the pursuing solicitor and the nominated trustee, as a point that voids the case against me and proves only my case can be right. Neither has yet answered. This needs all the human rights interest it can get. I have mailed to the EHRC about it but it can take a week to know if they will respond. I have mild autism and am actively involved in a services project run by a university that follows how services/public bodies treat folks and has already had an interest in my problem before it came to this point. It also means I should be entitled to advocacy in any dealings with the sequestrators. I already have a reference to contact citizen's advice within the court. My councillor is the Lord Provost and good about keeping his community involvements... My point about all these interested parties and as many others as possible, is so as not to be alone and unseen which would encourage the court to decide against me. In order to establish that a decision against me is illegal, the highest possible number of parties need to have been alerted in advance of the day, and unless their existence deters the wrong decision from happening, they watch it happen. Then they would know instantly that the decision has abolished the believability of any published and written law to rely on as true, and hence that I can't be expected to understand and believe any written law that the sequestrators tell me to cooperate with. That absurdity gets thrown back at the system to prove the decision illegal and unworkable. I think what I'm asking for here is ways to raise interest. Know any sympathetic journalists or organisations who are good at responding and making public fuss about such issues? Can Action Group itself raise some public concern about councils bullying folks like this?
  17. Hello, my mum have received a letter from Newlyn bailiffs saying that they have liability order to seize and distrain our possesions. My mum is a single parent and she has me(15 year old son) and at the moment she is pregnant with another child. Me and my mum owe around £1200 to council, and as soon as we received the letter, we've paid £60 to them. These may seem like a small money, but at the moment £60 for us seems like a fortune of money. My mum is worried about her paintings being collected by baliffs, she has a lot of painting that belong to her dad and they cost a lot of money! Me and my mum hardly have any food at home, and my mum does not have a job and she does not get any benefits and we have no right to get any benefits because we come from Russia! My mum does not speak English, so I act like an interpreter! It is very stressing for me too because the thoughts about baliffs are always on my mind. Could you please give advice what to do, because that is the first time it happened to us! Could you please give advice to us!
  18. Hi guys, I've been reading a lot of previous posts and it's really helped me to deal with the people at Newlyn. I've got a couple of specific question I'd be grateful if you could help me with: Newlyn's dealing with my debt to Lewisham council for 2009/2010 Council Tax for £1326.72 Never opened door or talked to bailiffs. 1st visit -> 17 Aug 2010 - no response 2nd visit -> 24 Aug 2010 - no response 3rd visit -> 2 Sept 2010 - no response - Van attendance charge (ATR) - Levied neighbour's car parked on street outside house. We don't own a vehicle. Oct 2010 - we contacted Newlyn and agreed payment of full amount owed in 3 instalments including their fees @ £345.69 Since then we missed some payment (Newlyn website not taking my payment, tried various times and then forgot about it) 4th visit -> 5 Jan 2011 - Reattendance charge (over outstanding amount) Contacted Newlyn to pay full amount owed in one payment with bit card on the phone upon clarification of their admin/fees charges. Since then I found out these charges are not quite right. Payments done so far: £263.89 - 25 Oct 2010 (+ charge for use of debit card of £7.69) £772.50 - 4 Nov 2010 (+ charge of 22.50 for payment with credit card) Breakdown of Newlyn fees £345.69: £24.5 -> 1st visit bailiff £18 -> 1st visit bailiff £105 -> Van attendance ATR £63 -> DVLA check (they haven't done it yet and car is not mine but already charged for it) £105 -> Reattendance charge £7.69 -> charge for use of debit card for payment 25 Oct 2010 £22.50 -> charge for use of credit card for payment 4 Nov 2010 My dispute: I am ok to pay: Outstanding amount for council tax + 1st and 2nd visit of bailiff Not prepared to pay: 3rd visit - Attendace van. I believe they cannot apply an Attending to Remove charge unless the have a valid levy which they didn't, actually, as they didn't levy anything or got access to my property on 1st or 2nd visit there was no point in sending a van over on the 3rd visit as they wouldn't be able to collect anything. So I dispute this charge. Also they confirmed on the phone in this 3rd visit with van they levied the neighbour's car. I believed they have to send bailiff round first to levy goods, then send a van over to collect? They say they have done both on the same 3rd visit? Is this possible? 4th visit: Reattendance fee as we failed to pay as per agreement. I believe in any case they can only charge two van/removal fees but if second charge is made goods must actually be removed. Car levied on 3rd visit is not owned by us so levy is not valid. I agreed to pay outstanding amount of the council tax debt and 1st and 2nd visit charges but refuse to pay. van attendance fee DVLA check reattendance fee They refuse to take anything but the whole outstanding amount including all fees. They explained the DVLA check would take 6 weeks so better to pay the £63 and they call back to claim the money back. What do you guys recommend to do? I don't want to pay extra to these people. Is it better to find out how much of the paid monies went to cover council tax debt and pay the rest to the council? Not too sure if Lewisham council will accept this. Thanks ever so much in advance for your help.
  19. Hi I'm writing this on behalf of my grandfather who lives in bexley. In February he got a letter from the council stating that he was due a refund on his council tax of an amount of just over two hundred pound and he had to send back a form with account details of the account he wanted the money put into. So the refund went into his account. Then this week he got a letter from the council demaning the refund back immediently which he can not do. So he phoned them and was informed the council made a mistake they removed his house from the council tax list and because the house was not on the list no council tax was due so they refunded the amount owning. Once they realised they're mistake they put him back on the list and now they want they're money back. Now My grandfather is eighty years old and his health is failing so his extremly stressed. He used the refund for much needed repairs on his house as he only has a pension coming in. So does he have to repay and if he does do they have the right to demand it all back in one go or can they accept montly payments. Thank you in advance for any help.
  20. Hi & can anyone help 07-2006 Southampton City Council informed me of a liability order from Southampton magistrates granted 11-04 re 13 months council tax - from 2003-4 I hadn't stayed 13 months, but arranged to pay £12 per month from 2007 to late last year my payments flowed by post, with Southampton Local Taxation services sending me a receipt ~[later payment slips] in response to each installment then the payment slips stopped, late last year, [about half the principle paid off] I paraphrase "Oi" says I "make with the receipts" in case it was a mistake or whatever So then Southampton Local Taxation Services write back saying the payment slips cannot be sent.... because.... "your liability for council tax in Southampton has ceased." [6 years ish after magistrates liability order established][& is the only liability known of] doesn't this letter plainly & unequivocally discharge the liability? Complaint has started with the Southampton local taxation services office but Equita are sending mean letters, threatening property seizure, etc [household has now & has only had minimum benefit level income since 2004] Another complication is I'm now in Scotland So, will a company of sheriff's officers write to me separately before they force entry? What would really be appreciated is any reason-set for why the noted phrase "your liability for council tax in Southampton has ceased." might NOT be a discharge of the liability [am I misapprehending liability law?] Any advice would be much appreciated
  21. Hi all, Im new to this site, but need some urgent advice. I was an international student until about 4 months ago when I graduated, and have a dispute with the council regarding tax which I was not liable to pay when I was a student, but which they have charged me for! That matter I am resolving separately, however they sent a bailiff around to my house to recover the peding amount as well as the tax for the new year. Basically, the bailiff blagged his way through by saying he is from the council, and when i stupidly opened the door he pushed past me and tried to barge his way into my house. Only then did he show me his ID and tell me he is a bailiff from equita at which point i managed to slip inside my house door to prevent him from coming in. He the phisically intimidated me, standing literally chest to chest with me (my chest to his stomach as he was literally 3 times my size) and threatened me to either pay or have my goods removed. At this point i clearly asked him for a warrant, letter or authorisation that he has to show me to which he replied he doesnt have any nor does he need to show me anything. At this point i had to put my hands on his chest and physically hold him back from entering my house. I also had to ring the police. Once i rang them, he agreed to back off and step well outside, but he remained standing with his foot in my door to prevent me from closing it. He then forced me to pay him £400 of my debt, by grabbing my card from my hands, and making a call from his mobile. I have no idea who he rang, and who was on the other line as i was not asked for any authorisation or permission to debit my account. He then gave me a receipt for the £400, and threatened me to pay the rest by the evening or he would be back and remove my goods. When i had a check on the debtline website, i saw that it is necessary for bailiffs to show a certificate of authorisation from the court, if they are acting on behalf of the council. He also has to give me a list of charges due, as well as the bailiff fees. Needless to say, he showed me no paperwork, even though i asked him. He has since come around again, threatening to even break in if necessary. When i asked him for his papers, he said he would only show me the if i opened my door, to which i asked him to slip them through my letter flap, where i would have a look at them and if they seemed to be in order i would consider opening the door. He did not agree to do so, so i told him to leave. he then proceeded to threaten m again. I am considering escalating this matter, because as per m understanding his actions are illegal, and he hs no papers to support him. he is also not listen on the certified bailiffs register on the hmcs website. I am considering ringing equita and making a complaint, and asking for my money back as well. Can someone please advise me ASAP on what I can do. I am currently unemployed, and looking for a job. Thanks!
  22. Hi Guys new here and would appreciate any advice anyone can give. This morning I received an horrible letter from my local council asking me to attend an interview under caution. It says they suspect they have grounds for criminal prosecution because I have failed to tell them about changes in my income!!!! Im really upset and very scared by this letter. I left my job last Feb due to childcare being a complete nightmare and my quest continues for a job that is around school hours. I am not claiming job seekers and my husband works full time but still classed as a low income, he earns £12,000 per year. we get working tax credit and child tax credit then last March I decided to see if we could get help with council tax. I applied giving all bank statements, my husbands pay slips and all other info they wanted. They eventually wrote back and said we where entitled and the we have been getting help with council tax since last April. About November last year I got a form from the council tax department asking me to fill it in, they where just checking everybodys information was correct. I again gave the correct details, my husbands wage, benefits we get and money we have including all the proof they wanted. Not heard anything until today when this lovely letter dropped on the door mat. I just dont understand whats happening. My husbands income as not changed during the year nor as anything. Why are they interviewing me, im really scared!!! got to wait 3 weeks now until the interview, dont know what to do. I HONESTLY have done nothing wrong and all the info ive ever given them is correct. Anybody got any ideas??????? Thanks in advance.
  23. Hi, I am currently staying at a friends house. And when I came back from work last week i found the house empty and 3 seperate lists detailing all the items that had been taken. As I am a dj the majority of the stuff was from my room. I have heard that if i have receipts for my stuff i can get it back, but i only have receipts for some of it. No one was in the house when they gained entry through the back door that was left unlocked. The reason for siezing the goods is unpaid council tax which is in the amount of £3000. However they have taken up to £15000 worth of goods. Furthermore to this they have damaged the house as there are shelves pulled off hinges, and the list does not reflect what they have taken. They have taken items and not listed them??? The items taken have been listed on seperate sheets for each room. What can i do please help? Im desperate to get my stuff back.
  24. hi Few months ago we received a letter from Equita that we own around £500 for unpaid council tax. I paid full amount same day but on the council website. Two weeks later the bailiff came to our flat and because my younger brother was not aware of that he let him in.He called me and I was trying to explain that we paid everything and we don't want pay again. anyway,because we never had anything to do with this situation we decide to pay again to give us some time to sort out this "misunderstanding" Next day we called council to check our balance which was £50 cr and then we've cancelled credit card payment. I thought that it has been sorted but few days ago we received another letter form Equita saying that we still own some money ( no amount on the letter) and that they will take our staff without even asking us.I called them to check whats going on and to find out how much we own them. "Nice" Lady told me that it's £240 and all this money is their Fee.When I asked to send me brakedown she refused and told me that it is to late for that and if I not pay NOW someone will come on Saturday to take my goods.I told her what I think about all this situation and hang up.No one came on Saturday but today I found another letter with the 24H notice that they will remove my goods even in my absence!!!. I went to council to talk with someone.Nice lady from council office called them to check what is it and they told her that I need to pay £240 fee. She asked for the brakedown and they said that they will send it by email in 15 minutes but it's been 6 h now and still nothing. Do you think I need to be worried that someone will come and break in to my flat when I'm at work? please help.
  25. My son has recently completed his HND studies and has gone on to study at Sussex Uni as part of a continious process. My local council (Crawley) has so far refused to allow the Students discount for the period between June - Sept (The summer recess) as they say he changed courses and was not therefore in continous full time education. Looking at the "The Council Tax (Discount Disregards) Order 1992 3. A person is to be regarded as undertaking a full time course of education on a particular day if— (a)on the day he is enrolled for the purpose of attending such a course with a prescribed educational establishment within Part I of Schedule 2 to this Order, and (b)the day falls within the relevant period for that course." It therefore appears that under the terms of the law Student discount is only available at a daily rate when attending the couse. This can not possibly be correct, can any one give me direction as to why Students are not liable to council tax during the holiday periods and is it correct that my local council levy Tax as a result of the course title changing during a period of continious education. Any advise much appreicated Neil
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