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

[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]

[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.