Newlyn Notice Of Distress ctax

[Fair-Parking]

No you can't go to prison. Only refusing to pay and willful negligence are grounds. Neither apply to you and you are right - the bailiff doesn't decide. The council can apply, but its long winded and on the information here, they would fail. So they are hardly likely to apply. In any event you would be notified of their application and given a day in court. Don't worry.

 

If the bailiff turns up tomorrow and you are in, stare at him through a closed window. Don't say anything. He'll soon get the message as to who is really in charge, and eventually he'll have to go. They find silence the hardest thing to deal with.

 

Or be out and let them stew.

 

And never talk to them again, because that feeds them.

[tonycee]

Bingowings.

 

Many months ago my visits started regarding 2007 unpaid council tax.

Now i have never intended not to pay, but needed the necessary information that i had been overcharged for the last 4 years.

 

So i deliberately didnt pay.

 

Heres my point.

 

I have NEVER let them in my house, I will NEVER sign anything, they will have to take me to court for their £42.50p ( Maximum Fees ).

 

I laugh at their TXTs & ignore their calls.

 

Now they know i am on to them, they have just last week sent me another letter stating they are returning my account to the council.

 

Yet they are still insisting i have to pay them £550 ish in fees.

 

What planet are they on ?

 

Just ignore them.

 

They WILL go away.

[bingowings]

Thanks fair parking if he does show, i think he will get abit of a shock when he sees the dogs. their the 1st to jump up at the window when anyone knocks. I suppose an american bulldog & bull mastiff itching to get out could scare of most. Can i apply to have the council take it back to court so a reasonable payment plan can be agreed, so i can at least afford to feed my child properly.

[bingowings]

Hi tony, thanks for your help in the past with the illegal levvies. Those charges i'm glad to say have now been removed. I'm being honest when i say i nearly s**t myself when i got that text this morning. But i'm sure thats the effect they wanted. I'm not refusing to pay they know that.

[Fair-Parking]

The council is duty bound to accept what you can afford. Further if you pay them direct, you can avoid bailiff charges because you only owe what is on your liability order. Not a penny more.

 

If you did owe any more by law to the bailiffs, it would written on that order.

 

Never talk to bailiffs for any reason and don't let the council tell you that they cannot deal with it 'because it is in the hands of the bailiffs'. The bailiffs are their appointed servants, not their masters.

 

And don't let me get into the debate about the council passing your private details onto private citizens without your knowledge or consent and in contravention of the Data Protection Act 1998.

[bingowings]

Oh well todays the day will he or won't he call?. To be honest i haven't slept a wink, feel like crap and truely don't care anymore. I know bailiff company record all phone calls, can i request copies under a S A R?. How much does this cost? Am gonna write to council, court where LO was issued requesting a realistic payment plan explaing my willingness to pay. The taped calls to bailiffs will prove this.

[ashmk]

Dont let them in. Speak through the letterbox. Dont believe there lies. Bailiffs are trained to scare you into paying. Do not fall for it. Do not sign anything. Do not open the door.

Speak to the council and deal with them direct. Go to the council office and demand someone to talk to (without being rude).

 

Screw the bailiff, let them sit in there van pretending to fill out official documents. Its all part of the act.

Edited September 16, 2008 by ashmk

[bingowings]

Well its 1pm no ones called yet. Little one's home from sch not well. and in bed. Am sure she knows somethings wrong. Gas n electric will run out before friday, god can it get any worse.

[Fair-Parking]

You must keep up your strength and confidence. This bailiff knows that intimidation works which is presumably why he texted you.

 

Relax with a cuppa and see to the little un. Far more important than a bully who may or may not arrive and who you have no obligation to speak to.

[bingowings]

You're right fair my child is the one i should be concentrating on. But i have to admit i'm abit jumpy today. Hubby will call in tonight as sch phoned him to notify him of daughter being ill (i missed the call). I know he will help if he can, he's a wonderful dad and was a good hubby. After losing my parents and all the aggro with my family, i decided i didn't want to be with anyone including hubby. So through no fault of his, he's now living with his sister.

[bingowings]

After a tense 24hrs no visit from bailiff. Feel mentally exhausted and drained. Daughter has viral infection & will be of sch for few days. Does anyone know if phone calls taped by bailiff company are covered by a

S A R..

Thanks

[bingowings]

Sorry for all the questions, but i can't sleep my heads buzzing. Have just been on consumer wiki about vulnerable groups, with regards to bailiffs. I suffer with COPD which is a long term illness (reason why i'm not working). Would that make a difference.

[ukaviator]

Hi Bingowings

 

The Bailiff cannot force entry into a domestic property. The bailiff can walk through an open door, an unlocked door, or go through an open window. Once in tthey will make a walking possessiion order (a list of all your goods/belongings). Usually once they have the list of goods they will enter into an arrangement, but this will be on their terms. If you do not keep to the arrangement the Bailiff can force entry and seize goods after default. Agreement can only be made after peaceful entry.

 

A walking possession Agreement is an agreement signed by the debtor which allows the goods to remain with the debtor as long as they keep to a payment arrangement. However, if the debtor defaults on a payment arrangement the bailiff can return, force entry and seize the goods.

 

Goods which can be seized - The bailiff can only seize goods which belong to the debtor. However, the bailiff can seize goods which are jointly owned even if the other joint owner is not the debtor. Goods which can not be seized are:

 

Goods which belong to another person.

 

Fixtures and fittings.

 

Goods on hire purchase.

 

Goods which are rented.

 

If the bailiff is collecting a County Court Judgement debt, or Council Tax the following goods cannot be seized:

 

Clothing, bedding, furniture, household equipment or provisions as are necessary for satisfying the basic domestic needs of the debtor and his/her family.

 

Tools, books, vehicles, and other items of employment as are necessary to the debtor for use personally in their employment, business and vocation.

 

If the Bailiff is collecting a Fine from the Magistrates Court the following goods cannot be seized:

 

The clothes and bedding of the debtor and his/her family..

 

The tools and implements of the debtor's trade.

 

It may be possible to get the bailiff withdrawn if there are Special Circumstances. The debtor should contact: the creditor if they have a County Court Judgement; or the City Council Revenues if they owe Council Tax; or the Magistrates Court if they owe a fine; and inform them of any Special Circumstances, ask for the bailiff not to be used, and if it is possible to make a new payment arrangement.

 

In your case Special Circumstances are:

 

Serious illness

 

Learning difficulties

 

Long term sickness

 

Recent bereavement

 

Mental impairment

 

Physical disability

 

Unemployment

 

Severe financial difficulties

[ashmk]

Do not rely on them for tapes. They will just 'lose' them.

 

What you need to do is get down the council and speak to someone and pay direct. If you do that the liability order will be finished and the bailiffs will be called off. (although they might ask for fee's but just ignor that)

[Fair-Parking]

Pleased but not surprised that the bailiff failed to turn up yesterday. If he was playing mind games with you that would another avenue of torture. After all if he has a job to do, why didn't he come? Why didn't he text to say he wouldn't?

 

Watch out for the b.gg..'s return today.

[bingowings]

Thanks fair have sent them a letter basically informing them that i know my rights. And that any future texts that i feel are threatening or intimidating, will be saved for future reference. Didn't sleep a wink last night between worry over daughter, and bailiff problem. Feel worn done to the bone. Thanks again i appreciate any input good or bad.

[bingowings]

Have now emailed Bailiff company and council with my formal complaint. Computer generated letter from council to say my complaint has been received, and will be looked into within 5 days. No reply as yet from bailiffs. Can i now ask for bailiff full name and cert num so i can lodge complaint with court.

[dbspider]

From what i was told there is no number on the cert it is just a cert with the persons name on it

 

If you don't know the name of the bailiff call the company and ask for his name then call your local county court and ask which court deals with bailiff certs in the region when you have that phone that court and verify that he is cert at that court

 

Once you have that then there is a online version of the form 4 complaints which you can print off even type on it your case then post off to the court that he is cert from

[bingowings]

I don't believe this. Have just received a letter from bailiff comp, addressed to me with ref num etc. amount owing

Dear Sir/Madam, we are trying to locate the whereabout of mrs xxxxx (me). Can you please confirm address of the above named person

eh? have i missed something, did i move last night in my sleep? Letter is dated 15th monday when i got the text. I think they are trying to play mind games, as i spoke to them on monday. Its all going on my complaint.

[Fair-Parking]

At least it's unlikely they will arrive if they aren't sure you live there.

[dbspider]

can i ask just a few questions bingowings ?

 

How much is oustanding with the council tax ?

 

Have you payed anything to the **** (just for a clarification Socially Correct Upright Man ):D as i would call them

 

Have you found out the **** name

 

Have you sent form 4 off ?

[dbspider]

Or if they don't really know you live there send a letter saying my name is Mrs M Y Rights

 

The above name person has a forwarding address of

 

F4 Court Complaints Street

Local County court

Your Area

SO4 KU2

[bingowings]

Hiya yes they know where i am as i paid them £350 last mth not the £466 that they wanted. This is what kicked of all the fuss when text message was sent. My 11yr daughter took my phone to sch on monday. She was at sch when the message came through, and was very upset, i had to go and pick her up. She thought they were coming for her.

[bingowings]

owe 2 different lots of c/t £884 & £550. Twice in the last 4wks i've either run out of food or fuel to cook it, 1 night we had no electric( no money) for me that was the lowest id ever been. Im not phoning bailiff company for details as they talk down to you am gonna do it by letter & email.

[dbspider]

are those 2 amounts what the council have told you you owe or what the bailiff has said you owe ?