having probs with council tax bailiffs

[xsparklex]

Hi im new here, and could do with some help, having ongoing probs with my council tax debt from years ago, it went to court and they has since been back and fourth o the council and bailiff company and they have catched me up at my new address..

 

I was paying it off to the council when it was in the hands off the bailiff try to get it to go back to to the council but they said it was out of their hands have had bailiffs adding to my debt, it was aproxx £200.00 but has now risen to £500.00. Ive never let a bailiff in, ive never signed anything but did agree a payment of ten pounds a week ive payed of nine weeks and struggled to pay the last couple of weeks so sent a chq to bring it all up to date and a letter exlaining but the bailiff came out yesterday, i wasn't in but rang me on my mobile and told me my agreement has been cancelled because i failed to pay.. but they have received my chq yesterday and have said it will still be deducted of my debt but have gave me two options of paying the full amount or to list my goods to secure the debt , i refused as im on income surport, pregnant and raising four kids on my own, just going round in circles and worried they are gonna keep adding to my debt and keep coming out as i have two cases of council debt they charge double for every single time they come? i said this is unfair and still haven't got nowhere?

 

Ive rang national debtline they were a great help and going to the C AB tomorrow also o seek help, waiting on stuffin post from the national debtline. thanks xsparklex

[Tau]

Hi there

While you are waiting for one of the more knowledgeable members to come along, it might be worth your while having a quick look at some of the other threads in this section.

It may put you more at ease to see that you are not alone with these problems.

From what you have written so far, it would seem that the bailiff is overcharging you big time. There are fee's that he/she is allowed to charge and these are laid down in law.

 

I must stress that you must never let the bailiff enter your home. Talk to them through a locked window or better still do not talk to them at all.

 

Also never ever phone them, they will treat you like **** to get you to pay their fee's etc.

 

With the help of the good people on this forum you will beat the baillif.

 

Geoff.

[xsparklex]

Thanks been reading up on peoples threads and can't beleive bailiffs act so badly, ive copy and pasted lots of documents to send to bailiffs and council and going tp print these of to show the CAB and hopefully ask them if they can get this returned back to the council, as i was paying my debt to the council and then told by them i had to pay the bailiffs.

 

Gonna ring the bailiff on hes mobile earley again tamara, as i think i woke him up lol this morning and gave him crap down the phone, but this time simply ask for hes certificate number, not phone the company anymore as they are rude to me normally.

 

also i think ive been overcharged deffo and have found that document also so gonna sort that out!

 

Thanks so far for advice its BRISTOW AND SUTOR im dealing with and Reading Borough Council and i have the bailiffs names and have seroiusly been overcharged grrr makes me so madd!

[xsparklex]

Hi all Printed some templates off to show the CAB she suggested just writing a personilised letter to the council and adding an expenditure form and sending it on to the bailiffs also but recorded delivery, she then said just continue paying but to the council department as all i am doing is paying the added charges of the bailiffs bill!

 

Ive invested in a new garage lock to lock awaymy car in my garage everytime im finished with it. The lady at the CAB advised me to lol.

 

She also said if the council didn't take the debt back the next action would be to apply to the court for a warrent variation of order. She did say i could have the money deducted from my benefit at £3.00 a week and recommended we did that also... Feeling lots better about it all and checked my credit report and score last night because i thought all this had given me a ccj but hasn't i have also found ive been defaulted for £36 by o2 can you beleive that! So gonna get on top of that! I only had the phone for ten days and ended the contract!

[tomtubby]

I am a bit confused at the advice given by CAB about a warrant variation. I can only assume that this is an N244 application to vary a warrant of execution. This is not correct as this is not a CCJ it is a Liability Order.

 

In your case the debt needs to be sent back to the council due to your circumstances.

 

The fees are completely wrong and once again it would appear that the bailiff has charged "an attending to remove" fee when he has not been into the house.

 

I would sugggest sending a letter similar to the following one from our Bailiff Advice website:

 

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a liability order etc against me, in respect of arrears of council tax.

The purpose of this letter is to advise your company that I am in receipt of income support and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax and that this is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed to enable deductions to be made as detailed above.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of my circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the relevant County Court that granted him his certificate.

Due to my circumstances I wish to advise your company that I will not allow a bailiff peaceful entry into my home as to do, so will incur me in fees and charges that I know I could not repay.

I am sending this letter by both e-mail and registered post and would be grateful to receive confirmation of safe receipt.

Yours Faithfully.

[kermit2482]

I am a bit confused at the advice given by CAB about a warrant variation. I can only assume that this is an N244 application to vary a warrant of execution. This is not correct as this is not a CCJ it is a Liability Order.

 

In your case the debt needs to be sent back to the council due to your circumstances.

 

 

 

Hi TT,

 

This is the problem that i find with the CAB on a regular basis they often give out the wrong advice, but then they are afterall said and done only volunteers with generally NO experience of LAW or indeed bailiff law.

 

I have seen people eventually get committed from the westcountry after taking advice from the CAB, dont get me wrong its not all the time and they do have their good points, but just a word of caution to the good people of the forum.

[xsparklex]

Thanks guys basically she said copy her draft letter will put up for you to read and let us know what you think, also im having to ask for all the info and case number as it went to court without me and at the time i just buried my head in the sand i chucked everything away it was a suspension of a warrant and or variation of an order form, not sure what it is thou!

 

I do think thou your template is proberly better than what i have wrote thou!

 

Yeah totally agree as CAB are volunteers but in my experiance have been really good so far but then saying that ive never had to do all of this before and not totally clued up about my rights and stuff!

 

oops not sure how to put my letter up doh!:-?

[tomtubby]

The CAB do a great job with the VERY limited resources available to them. With the credit crunch now very much with us, there should be MORE funding for them....not less !!

 

In your case there could well be confusion, in particular that you may have explained the background to this debt incorrectly ie:

 

"I just buried my head in the sand i chucked everything away it was a suspension of a warrant and or variation of an order form, not sure what"

 

I am quite sure that this was a Liability Order for unpaid council tax.

 

Please do let us all know of any progress.

[Saffronflowers]

This is the problem that i find with the CAB on a regular basis they often give out the wrong advice, but then they are afterall said and done only volunteers with generally NO experience of LAW or indeed bailiff law.

 

As a volunteer for the CAB I find that remark extremely offensive, we undergo extenxive training and never ever are we expected to be volunteer lawyers, we are expected to have a vast knowledge from housing law, debt advice through to both criminal and civil law. No lawyer/solicitor would do my fellows colleques job for NO pay. A good CAB advisor should and probably most do know to whom to go and seek advice. Hence in our branch the initial assesment interview and then if it needs to be followed up a scheduled appoitment with an expert in that field. As a CAB volunteer you have no idea what will be thrown at you until you meet the the client. As with every organsisation there are good and some that are not so competant.

 

Sorry for that hi-jack but that stament did make me rather annoyed and frustrated.

 

Sfx

[tomtubby]

Saffronflower.

 

Quite right. I too have spent many years at various advice agencies including CAB .

 

Well done...... your knowledge of bailiffs is very much needed at CAB !!!

[xsparklex]

Didn't mean to cause any probs, sorry if i haven't been clear in what ive been trying to say!

 

Im very apreciative of the help and surpport ive been given by the CAB as i simply can't afford a solicter to act on behalf and did ring round to find one that would act on my behalf and take legal aid but didn't get much luck!

 

The CAB have helped me with all sorts of information and issues and have done a fantastic job solving all my problems and acting on my behalf as i am not the brightest person when it comes to issues that i don't know how to deal with ie debt, benefits ect...

 

Ive posted my letter and expenditure forms by recorded delivery so fingers crossed that i get somewhere with it all and im paying the council today rather than the bailiff, but sill worried they may call upon my house still!

 

Thanks for all your advice and help thou.... xsparklex

[kermit2482]

This is the problem that i find with the CAB on a regular basis they often give out the wrong advice, but then they are afterall said and done only volunteers with generally NO experience of LAW or indeed bailiff law.

 

As a volunteer for the CAB I find that remark extremely offensive, we undergo extenxive training and never ever are we expected to be volunteer lawyers, we are expected to have a vast knowledge from housing law, debt advice through to both criminal and civil law. No lawyer/solicitor would do my fellows colleques job for NO pay. A good CAB advisor should and probably most do know to whom to go and seek advice. Hence in our branch the initial assesment interview and then if it needs to be followed up a scheduled appoitment with an expert in that field. As a CAB volunteer you have no idea what will be thrown at you until you meet the the client. As with every organsisation there are good and some that are not so competant.

 

Sorry for that hi-jack but that stament did make me rather annoyed and frustrated.

 

Sfx

 

Now you know how us bailiffs feel, not nice having a taste of your own medicine is it!!!!