CCS Bailiff???

[Jase1982]

Hi,

 

I have recently received a court summons for unpaid council tax arrears, and immediately contacted the council to negotiate a monthly payment scheme as the amount they were asking for is too high to pay in one go.

 

They have said that they will send out a budget planning form, fair enough. But then they went on to mention court costs. Would these be recoverable under the same principle as bank charges?

 

Also, we live in 91a of a split house. i.e. we live in the top half, someone else lives in the bottom. Does anyone know if we should be receiving a discount because our property is split?

 

Thanks,

Jase.

[Jase1982]

Hi,

 

Not sure if I'm posting in the correct section but I couldn't find one for council tax.....

 

My flatmate and myself have today received a letter through the post after a knock at the door from a firm called CCS Enforcement Services Ltd, threatening to take our possessions away until we pay the outstanding arrears on the council tax...we obviously didn't answer the door as it was early in the morning.

 

The letter says that he will keep calling early morning, night and on a Saturday.

 

I'd really love some advice on what to do? There is a number, which I intend on ringing, but I need to know what my rights are regarding my possessions.....surely he'd need a court order prior to seizing of our property? and we haven't been to court or anything, and this is the first time I've heard from this firm.

Thanks in advance.

[rory32]

I'm going to move you to the Bailiffs Forum where you should receive advice on your situation.

[rory32]

Thread moved

 

surely he'd need a court order prior to seizing of our property?

Of course he would. Can you give us some more background on how this has ended up with bailiffs please?

[Jase1982]

Hi,

 

Your guess is as good as mine????

 

One minute we're discussing our situation with the Council and the next we receive a "visit"...

 

The situation is that I moved in around 3 months after my flatmate had been living there. He'd broken up with his girlfriend, so I moved in to help pay with the rent, but the council tax had obviously fallen in arrears during the interim period.

 

I would have thought there should be a need for a court order or something, or even a court date....?

[rory32]

If I were you I would start to do some reading on your situation to start understanding your rights. I have attached some links.

 

Debt Basics - Bailiff Guide - know your rights

http://www.consumeractiongroup.co.uk/forum/bailiffs/58550-council-tax-bailiffs.html

http://www.consumeractiongroup.co.uk/forum/bailiffs/107376-what-bailiffs-can-cant.html

http://www.consumeractiongroup.co.uk/forum/bailiffs/115030-how-complain-court-about.html

http://www.consumeractiongroup.co.uk/forum/bailiffs/33623-types-bailiffs-their-fees.html

[tomtubby]

JASE 1982

 

In the first instance could you send me by private message ONLY the name of the bailiff that left the letter. He should have left his name on the letter. If not, you need to telephone CCS to ask the name of the baiiff who has been given your account.

[Crutey]

They need a liability order before they can enforce council tax, i guarantee they will have one, whether you were aware of it or not. Their computer system wouldnt allow them to issue the charge to the bailiff without one apart from anything else.

 

First off forget the bailiff, get on the phone to the Council, unlike the bailiff they will discuss the case with you and if they can offer any assistance they probably will.

 

If they are of no help phone your local CAB.

[Jase1982]

Hi all,

 

Firstly I'm sure the advice required here will be very familiar to many....

 

I've had a letter through from CCS Enforcement Services Ltd today with regards to unpaid council tax....we have fallen behind slightly, mainly due to loss of employment and change of circumstance...

 

The letter, which I believe is scaremongering, goes along the lines of, they will be attending our property on or before the 4th March....That confuses me because underneath it says that they are entitled to remove goods in our absence, and that they would prefer us to be present so that we can personally agree the inventory of chattels seized...The part that confuses me is how do I know when they will be attending so that I can be present?

 

Could I please have some advice on what to do with this?

 

The letter states that the liability order was issued 9th July 2007, yet this letter is only dated 27th February 2008....How has it taken a year for them to contact us? and I have no recollection of attending court or recieving a court summonce...surely I would remember??!

 

Any advice would be greately appreciated.

[Guest Screw The Bailiff]

Hi all,

 

Firstly I'm sure the advice required here will be very familiar to many....

 

I've had a letter through from CCS Enforcement Services Ltd today with regards to unpaid council tax....we have fallen behind slightly, mainly due to loss of employment and change of circumstance....

 

Make a claim for council tax benefit, that'll stop the debt mounting.

 

The letter, which I believe is scaremongering, goes along the lines of, they will be attending our property on or before the 4th March....That confuses me because underneath it says that they are entitled to remove goods in our absence,

 

Technically they can remove goods in your absence, they can take a car they think belongs to you provided they leave a receipt and copy of the warrant. They cannot clamp your car on a public road - Statute of Marlborough.

 

and that they would prefer us to be present so that we can personally agree the inventory of chattels seized...The part that confuses me is how do I know when they will be attending so that I can be present?

 

You are right, its scaremongering, they won't break & enter otherwise they'll be criminally liable, but DO NOT open the door to them - ALWAYS speak to them through the letter box or through a window. If the bailiff places his foot into your door then you cannot close it on him. Keep windows and doors secure until this matter is resolved. More

 

 

Could I please have some advice on what to do with this?

 

If you know the bailiffs name, then check his credentials - report back if you find an irregularity & we'll advise on further options.

 

The letter states that the liability order was issued 9th July 2007, yet this letter is only dated 27th February 2008....How has it taken a year for them to contact us? and I have no recollection of attending court or recieving a court summonce...surely I would remember??!

 

Any advice would be greately appreciated.

 

The rules a council must follow when enforcing payment of council tax is legislated in the The Council Tax (Administration and Enforcement) Regulations 1992 and the schedule of bailiffs fees can be found in Regulation 45(2)(b). From memory I dont know what time limits apply between LO being granted and date of enforcement, I'm told it might be 120 days, have a look through the regs.

 

If you weren't summonsed to appear before the court for the application of the liability order, then phone the council and tell them to revoke it because they failed to adhere to Section 34 of the Regulations. If you are fobbed off with excuses then file a complaint of misfeasance with the LGO.

[Jase1982]

The good news is we don't own anything of actual value....Our TV is currently suffering from 'sound' problems, so I would class as being faulty, the 2nd TV is about 5 years old, and we don't anything else in the flat.....although they could take the stero I suppose, they might get a fiver for it.

[Guest Screw The Bailiff]

The perception of bailiffs as men in suits clearing out the house of all your gear is urban myth. That may have happened in the 1950's when chattels had monetary value. Todays flat-pack furniture and cheap consumer electronics are worthless on the 2nd hand market. Bailiffs will try and gain entry but only to come into physical contact with an item of you furniture inside - this lets them add the walking possessions fee to the bill.

 

A bailiff will want you to pay as much as you can and get as much fees possible. If you have no money then he'll look for a car, they are saleable and bailiffs can bump up the fees with transport costs. No money, no car and no goods and the debt is returned nulla bona.

[Conniff]

No you can't recover the costs and they are taken before any ct arrears are taken.

 

If it is two seperate addresses and shown at the Post Office and on the electoral roll as such then no, but you could be in the wrong banding.

[Jase1982]

That has to be the longest response time in history....but thanks anyway.

[Conniff]

Only because I saw it in the Bear Garden saying you had unanswered posts.

 

I would have answered last year if I had seen it then.

 

How did it go by the way?

[Jase1982]

Only because I saw it in the Bear Garden saying you had unanswered posts.

 

I would have answered last year if I had seen it then.

 

How did it go by the way?

 

That just made my day. I did wonder, when I saw a response after a year.

 

We ended up asking for a longer time to repay the money in at a more affordable rate. However, we moved out recently, so still owe the council a sum of money. They will have to get in the que. I was made redundant 6 months ago, and I've only just found work.

 

Thanks again for the response!