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NcF - Chandlers Baliffs re Council Tax


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Hi all,

 

few days ago had a letter from Chandlers limited re Council Tax

 

I firstly admit I have screwed up, owed the money

 

(however, might add the council failed to assess our new house - we moved in last start of last year - into December last year, and then wrote in January saying we want £X,XXX NOW - but I accept I should have set the cash aside)

 

 

I got a payment plan sorted with the council after a court summons, they agreed to a few hundred a month

 

I paid July and August but then had work issues plus a few other debts where it got on top of me so screwed up and didn't pay

 

So, get the letter off Chandlers demanding full payment by return, but the amount is the fill amount the council summoned for, with no account of the £600 I have paid!

 

Called chandlers Monday and they were very less than helpful (surprise!) saying it was with them now and they could only see that debt

 

I questioned and said well, I've paid some of that so I don't intend to pay that full amount

 

response - "you need to talk to the council - not our problem"

 

 

Now, from what I understand they have no right of entry anyway, so pretty much a toothless tiger?

 

Can I have some knowledgeable views on the following letter I am considering sending to the council

 

(modified version of the template on here - thanks!)

 

 

 

.............

 

 

Dear Sir/Madam,

Re: Your Reference Account XXXXXXXXXXXXXXX

I understand North Somerset Council has recently appointed chandlers Limited (Baliffs) to recover my Council Tax Liability arrears for 2006 of £X,XXX.XX.

Firstly I would like to make you aware that I am fully aware of my rights and Baliffs will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied – therefore I feel Baliff instruction is in fact detrimental to your goal of gaining payment of the amount owed

I believe the amount quoted by the Baliff (and obviously this amount was passed by you) to be incorrect, as it is the same amount originally requested by the Council, since when I have made two payments in the council offices via Payment card (£300 13th July 2007 at 01.07PM and £300 10th August 2007 at 09.51 AM) – I therefore believe the actual balance should stand at £XXX.XX

Due to my circumstances (currently out of employment) I am unable to pay the amount in one payment. I advocate a payment schedule of 24 months with 24 months payments at £XX.XX to cover the principle.

I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears.

A greater amount would cause me real and actual hardship.

 

I am able to pay the above amount on the 20th of each month, as an act of good faith I have enclosed the first payment chq number XXXXXXXX £XX.XX. Please advise how you would like future payments made.

My personal preference is payment by Payment Card at the council offices.

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances.

I request that this letter be filed with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely and positive reply by letter.

 

Yours faithfully,

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Hi and welcome.

 

Could you actuall put the figures of what you owe and what you wish to repay.

 

The biggest problem I can see is that is hugely unlikely that a council will agree to a repayment over 24 months, in all honesty they will want it paid by March before the start of the next finanacial year.

 

When did you become unemployed can you apply for council tax benefit? Council tax and Mortgage/Rent our priority debts and take precendence over every other debt. It might be an idea to give us a general overview of your income and expenditure to see if any of us have ideas of trimming the expenditure down and increasing income.

 

Sorry that this may not be what you want to hear but I will do my utmost to help you out.

 

SFx

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Hi,

 

total amount remaining is £769.48

 

I am self employed (no current contract) hence I cannot claim any (worthwhile!) benefits.

 

Currently living off savings, which will see me through to January (just!)

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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You should be claiming Income Based allowance at the very least - go to your Jobcentre and clearly state to them you need to have your benefits assessed. It doesn't matter that you are self-employed, you should have made some NI contributions to claim Income Based allowance on.

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Thanks SG

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Firstly I would like to make you aware that I am fully aware of my rights and Baliffs will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied – therefore I feel Baliff instruction is in fact detrimental to your goal of gaining payment of the amount owed

 

Just a word of warning here.

 

The Government doesn't care whether you owe me money, or I owe the bank some money. But when it comes to not paying taxes (or Council Tax), they take a very very dim view.

 

In fact, you'll know that Council Tax non-payment (for whatever reason) is one of the debts for which you can be jailed.

 

Consequently, if I were you, I'd put any other debts to one side (except your mortgage) and concentrate your full efforts on clearing this.

 

You need the council firmly on your side. I'd take the softly approach, go and see someone, explain your circumstances with a full SoA, and hope beyond hope that they'll accept a payment plan.

 

Sadly, I think you are already on the back foot here.

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Hi Mill

 

 

fully understand where you are coming from - I am giving this 2nd priority after MTG

 

However, they can't have what I don't have to give them and if I offer reasonable payments within my budget it would be down to a judge if they decided to argue the toss

 

As said elsewhere, a judge wont jail you if you are attempting to pay

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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No, he wont. You're quite right.

 

My point is that you should take it seriously and my advice would be for you to try and get the council on side, rather than going in guns a-blazing. In this case, a face-to-face might me qa good first step.

 

You'll get some good advice on here regardless.

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Cheers Mill

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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This is a great time to year to get a temporary job, I know sometimes one doing something like shop work is not a great option but I think with the situation you are in , it is the way forward.

 

The council are under no obligation to take your case back, but they do have the power to make the bailiffs accept a repayment plan.

 

Sfx

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