I'm scared, I'm going to be arrested!

[blahblah1]

I am really worried now, I'm a single parent and I have been having trouble with baliff for my council tax. When they first came round I gave them £500 and asked for a repayment plan they agreed but then when I paid the first installment was told that it wasn't enough and I had to send my wage slips to them. I ended up agreeing to £35 a month (which I couldn't afford) I made a couple of payments but I couldn't keep them up the collection agency were really unhelpful and said they would be coming to remove goods. I wrote to the council and begged them to take the debt back as the collection agency were being really unhelpful and I was feeling threatened by baliffs knocking my door all week. The council answered and said basically no. I wrote back to the council and enclosed a cheque for £5 I told them I would be able to make £5 a week payments from my chld benefit they haven't answered yet but yesterday I got a final warning from the collection agency that said if I don't make the full payment now they can have me arrested or force me to go bankrupt and lose my house.

 

I'm really scared. what I need to know is:

 

Do they really have the power to ask the court for that or are they just trying to frighten me? and

 

Is making the £5 a week payments to the council the right thing to do?

 

Also will I get some kind of court notice or will police just turn up and carry me off?

 

Please help

 

Thank you

Edited June 20, 2008 by blahblah1

[Ell-enn]

Hi there, firstly let me put your mind at rest - they are making threats simply to scare you into paying, they cannot have you arrested and they cannot force you to go bankrupt or lose your home.

 

Who is the Bailiff company ? Have you ever allowed them into your home?

 

Kind Regards

 

 

Ell-enn

[blahblah1]

Goodwille and Concoran.

 

No I've never let them in.

[JonCris]

Don't let them in to your home under any circumstances. Refuse to answer the door otherwise they may try to push past you & claim peaceful entry. Tell them you will call the police if they persist. If the Police do arrive don't let them invite the debt collector into your home

 

Write down a chronological order of events & post here

[JonCris]

PS do you have any means of recording them preferably without their knowledge

[blahblah1]

My mobile records calls what would I use the recording for?

[blahblah1]

I forgot to add they keep saying they will be removing the cars that are parked infront of my house.

 

I'm not too concerned about this threat as the cars do not belong to me I don't have a car. I don't even have a license. The only thing is I don't think my neighbours would be too pleased with me if their cars were taken away.

[Enfieldian]

Good Grief!

 

What a load of rubbish they are talking.

 

As Ellenn says, it is all scare tactics.

 

I had the misfortune to deal with with these amateurs once and it it got to the point where one of the bailiffs was arrested to prevent a breach of the peace.

 

Thay cannot simply "have you arrested" or take away random cars from the vicinity of your property.

 

If you keep an eye on this forum someone should be along who will be able to check whether the bailiff dealing is in fact registered.

 

Don't panic, don't sign anything and don't allow any of them access to your home, for any reason.

 

I would recommend in light of their behaviour that you contact the Council and INSIST that the debt is taken back and agree a payment plan directly with them.

 

Good luck.

[Fair-Parking]

You've had good advice from the forum. These bailiffs cannot have you arrested as they have no such authority. Indeed not even the council can have you arrested without a court warrant. For that to happen you will given notice of a court hearing by your council first. If that takes place (and you can talk to your council beforehand and maybe come to an arrangement) you will have every chance to state your case and then still come to some arrangement, this time with the court's approval.

 

However, it isn't the council that is currently threatening an arrest, it is a bailiff. The chances are that the council will not even know about this bailiff's threat. Don't be frightened to speak to the council and tell them about these threats as they may be as appalled as you are.

 

There are only two reasons that allow for any arrest over council tax 1) Refusal to pay council tax and 2)Willful negligence. You are clearly not refusing to pay and having no money is not willful negligence which in itself is devilishly hard to prove. Going to the Bahamas with the money might count. No proceedings for an arrest will even commence until the bailiffs have stopped visiting you and filed a report to the council.

 

So please don't worry, there is no imminent arrest. Nor do you need to worry about bankrupcty proceedings, it ain't gonna happen. The bailiff is lying to you.

 

My final piece of advice is for you to study any court liability order that you may have (which should have been issued before bailiffs were involved) and whatever the amount is printed on it is what you owe. No more.

 

You don't owe the bailiffs a penny in fees. So pay the council direct and when you reach the amount on the liability (less the £500 already paid), that's it. Job done.

[blahblah1]

Thank you so much you don't know what a relief it is to hear that! As I had heard you could be arrested for not paying Council Tax I was concerned they might be telling me the truth.

 

Thanks again I will continue to pay the council weekly and I will write to them again today with all the details about the baliff.

 

This is a fab forum

[JonCris]

Let them assume all they like about the cars. Don't argue about them not being yours, ................ then watch the fun ........ TWOC (taking without owners consent) theft, criminal damage, neighbours threatening them with physical harm etc

 

Also if you can record their calls you'll have proof positive of their unlawful & illegal threats to use when you report them

[IdaInFife]

Do you have the balliffs name? If you do PM tomtubby with it and ask for him to check to see if the balliff is certified.

 

Don't wait for the council to confirm £5 is ok, just keep paying it til the next round. Come back and let us know of any developments.

 

 

Ida x

[tomtubby]

What what you have written here it would appear that most of the dealings with this company have been by telephone , is that correct?

 

It is VITAL that everything is put in WRITING and this letter should advise the company that you will not allow a bailiff into your home and that you do not own a car. You also need to ensure that you ask for confirmation that the charges made are at most £42.50 if two visits have taken place or just £24.50 if one visit.

 

If they cannot get any more that £5 per week and will not be able to levy on goods then they will very likely return the debt back to the council as Nulla Bono (Nil effects).

 

There is a template letter on our Bailiff Advice website which I will send over to you which MUST be sent by both e-mail and registered post.

[blahblah1]

Thanks there is no name on the letter just a signature that could say anything really! Yeah it's over the phone. I will start recording the conversations.

 

I will also carry on paying the £5

 

I did write to them asking for a list of the fees they have charged me with and they never replied but I know it is more then £42.50 because they have been round at least 6 times and every time the bill goes up.

 

They are also charging for every car that they list as one to be removed which so far is aabout 4 different cars belonging to my neighbours

[tonycee]

Hi.. You are doing fine, but you must continue to be strong for now.

I know these thugs are ruthless, but they can be stood up to.

In hindsight, and for anybody else reading, giving them £500 was probably not the best thing to do as its just given them the belief that you can find another £500.

 

There are a couple of letters here you might want to adapt and print off.

You also need confirmation from the council that your payments are in fact going towards your arrears, and not this years accounts.

 

 

:_Letter_for_Council_Tax_Bailiff_at_Your_Door

 

: Vunerable situations (single parent) Scroll down page.

 

 

Asking them for information is like asking them to forget your bill (:o).

You must force them, by law, to provide the information.

If nothing else it will show you are serious about their blatant, fraudulent, overcharging.

(God they make me angry)

 

Sent this letter as soon as you can afford the £10.

 

Bailiffs:_Subject_Access_Request

 

 

The one most important thing to remember at this stage is, as advised,

 

NEVER let them in.

NEVER sign anything you are not sure of.

[blahblah1]

Something else I was wondering is about this whole thing with once they have been in once they can break in the next time. I have never let them in but I have 2 doors on the front of my house. The first door leads to a kind of lean too and my second door is to the main house. If they came onto the lean too would they then be able to say they are inside and then be able to legally break into the main house?

 

I'm asking this because the first door isn't the most secure and if not closed properly can come open very easily. The door inside is a strong front door.

[JonCris]

blah not necessarily If they didn't tell you that they where doing a 'walking possession' & had you sign something they cannot then gain forced entry just because you let them in last time.

 

However the bad news is chances are they will lie if it suits them

[WWOW]

I am really worried now, I'm a single parent and I have been having trouble with baliff for my council tax.

 

Are you entitled to benefits or help with council tax? Get this explored straight away by calling the benefits enquiry line on 01772 238141 and tax credits helpline on 0845 608 6000

 

Is the amount of tax being demanded accurate?

 

When they first came round I gave them £500 and asked for a repayment plan they agreed but then when I paid the first installment was told that it wasn't enough and I had to send my wage slips to them.

 

So they reneged on a previous agreement?

 

I ended up agreeing to £35 a month (which I couldn't afford) I made a couple of payments but I couldn't keep them up the collection agency were really unhelpful and said they would be coming to remove goods. I wrote to the council and begged them to take the debt back as the collection agency were being really unhelpful and I was feeling threatened by baliffs knocking my door all week. The council answered and said basically no.

 

The council is uncoperative, so you can make a Stage 1 complaint and maybe a Stage 2 and go to the Local Government Ombudsman and ask for compensation.

 

I wrote back to the council and enclosed a cheque for £5 I told them I would be able to make £5 a week payments from my chld benefit they haven't answered yet but yesterday I got a final warning from the collection agency that said if I don't make the full payment now they can have me arrested or force me to go bankrupt and lose my house.

 

Not allowed. This is called obtaining a money transfer by abuse of position. They are also misrepresenting their authority by claiming to have a power to have you arrested and sent to prison.

 

I'm really scared. what I need to know is:

 

Do they really have the power to ask the court for that or are they just trying to frighten me? and

 

No. Its the council that applies for a committal order - not the bailiffs.

 

Is making the £5 a week payments to the council the right thing to do?

 

Yes.

 

Also will I get some kind of court notice or will police just turn up and carry me off?

 

Please help

 

Thank you

 

The police wont get involved in collecting council tax unless a committal order has been applied by the council (lengthy process) and that's only done if a debtor willfully neglects to pay council tax - very rare.

 

Phone the council and ask for a written breakdown of the council tax arrears, then without telling them, make an official complaint in writing to the council...

 

Name of Council

Council tax department

Address 1

Address 2

Address 3

Address 4

 

[DATE]

 

Dear Sir/Madam

 

Re: [YOUR NAME & ANY REF]: Visit by your bailiff on [DATE] Formal Complaint Stage 1

 

I have had an opportunity to seek advice and I write on the understanding that Case Law has ruled an Authority is liable for its bailiffs.

 

On [DATE] I was visited by your bailiff and I paid him £500 and agreed a repayment plan of £35 a week, which was more than I could afford as I am a working single parent with young children. The bailiff reneged on this agreement and asked for my wage slips which I then provided.

 

On [DATE] I tried to reach an amicable resolve with the bailiffs but they became vexatious in nature. They threatened me by saying I would be 'arrested' and be sent to 'prison' and make me 'bankrupt' if I failed to pay a debt according to his deadline. I understand the bailiff commits an offence under Section 4 of the Fraud Act 2006 for obtaining a money transfer by misrepresenting his legal authority.

 

On [DATE] I asked you (the council) to take the case back from the bailiffs because I had already making regular payments to clear council tax arrears, and the council declined.

 

I now ask the council to:

 

a) Accept my original offer to pay £5 a week to clear the arrears from my child benefit

b) Pay me a reasonable compensation for my inconvenience and for my efforts in seeking discovery of information and

c) Receiving a bailiff acting for you who make threats against me in the meaning of Section 17 of the Criminal Justice Act 1999

 

If you fail to satisfactorily complete the above I will automatically escalate the complaint to the Local Government Ombudsman in fourteen days from the date of this letter.

 

This letter is delivered by Royal Mail and I deem it to be served on you by the ordinary course of post in the meaning of Section 7 of the Interpretation Act 1978. It is your responsibility and in your own interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

[NAME]

 

Make a formal complaint against the bailiff: Download Form 4 from the HM Court service website: http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf and under 'Details of Complaint' enter:

 

On [DATE] I was visited by a bailiff Mr [NAME] from [FIRM] collecting unpaid council tax. I paid him £500 and agreed a repayment plan of £35 a week (which was more than I could afford as I am a single parent with [NUMBER OF] young children). The bailiff reneged on this agreement and asked for my wage slips which I then provided.

 

On [DATE] I tried to reach an amicable resolve with the bailiffs but they became vexatious in nature. The bailiff threatened me by saying I would be 'arrested' and sent to 'prison' and make me 'bankrupt' if I failed to pay the debt according to his deadline.

 

I understand the bailiff committed an offence under Section 17 of the Criminal Justice Act 1999 by threatening me with prison and bankruptcy, and Section 4 of the Fraud Act 2006 for obtaining a money transfer by making a false statement as to his legal authority.

 

I respectfully ask for reasonable compensation for my inconvenience, trouble and stress in dealing with the bailiff’s behaviour for my efforts in seeking discovery of information.

 

As there is a criminal element to this matter, you should report the offences to police.

 

[NAME OF] police Station

To whom it may concern

Address line 1

Address line 2

Address line 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Reporting a bailiff for committing criminal offences

 

I am a working single parent and on [DATE] I was visited by a certificated bailiff [NAME OF BAILIFF(S)] of [NAME OF BAILIFF FIRM] on [DATE] enforcing payment of unpaid council tax for [NAME OF] council.

 

I paid the bailiff £500 and agreed a repayment plan of £35 a week (which was more than I could afford). The bailiff reneged on this agreement and asked for my wage slips which I then provided.

 

On [DATE] I tried to reach an amicable resolve with the bailiffs but they became vexatious in nature. The bailiff threatened me by saying I would be 'arrested' and sent to 'prison' and make me 'bankrupt' if I failed to pay the debt according to his deadline.

 

I understand the bailiff committed an offence under Section 17 of the Criminal Justice Act 1999 because he threatened to send me to prison and make me bankrupt if I fail to pay according to his deadline. I also understand he committed offences under Section 4 of the Fraud Act 2006 for obtaining a money transfer by making a false statement (misreprestation) as to his legal authority by saying he has a power to send me to prison.

 

I ask the police to fully investigate the offences and advise me of the crime number and make a detailed report to the Crown Prosecution Service. Please contact me on [NUMBER] to arrange for me to make a statement to be given in evidence.

 

Yours Faithfully

 

[NAME]

[I've got no money]

And don't pay the bailifs "fees" - look at it like this you should get compensation for how you've been treated so - its' called equitable set off - take their lawful fees off what they owe you in compensation

[blahblah1]

I get a 25% discount for being a single person but I was told I'm not entitled to council tax benefit.

 

When I first gave the £500 it was to the the guy that actually visited I borrowed it from my parents because he said that was the only way I could start a repayment plan I didn't have anything in writing just what he agreed with me on the doorstep.

 

 

Thanks for the draft letters am on them as soon as I finish typing this.

 

How do I make a stage one complaint? Aren't the council within their rights to refuse to take the debt back? That is basically what the letter from them said.

[WWOW]

How do I make a stage one complaint?

 

By sending the above letter.

 

Aren't the council within their rights to refuse to take the debt back? That is basically what the letter from them said.

 

Yes & it's Council's discretion whether they take back a debt from the bailiff. In your case they declined, and afforded by conduct of their bailiff you're now asking the council to pay you reasonable compensation.

[blahblah1]

OIC thanks x

[I've got no money]

The council can technically refuse to take it back BUT if you don't let the bailiffs in, don't sign anything and make regular payments to the council - tell the council that the payments are in respect of council tax only - the council CANNOT refuse to accept the money. At some point the bailiff will get fed up and return the warrant to the council. Because you will have been paying the council direct there then isn't a lot else the council can do. You just keep paying them direct.

[blahblah1]

I did write twice in the letter and on the back of the cheque that the money was for arrears as I am paying the current bill by direct debit. I hope they listen!

[I've got no money]

In that case don't worry about it - just send the same letter, that is -please find enclosed my cheque for £x. This is in respect of council tax arrears only every month with the cheque - (you technically don't need to just sending a cheque with account details is enough - but it doesn't hurt to be extra careful) - and try not to worry too much