Torbay Council/Smiths Bailiffs

[UnitedFront]

To the OP. I hope you get this sorted. What I stupidly neglected to say in the last post is that I address my letter (as showm previously) to The Department Manager, Council Taxation Unit etc etc etc.......

 

I think this is fairly important (in my experience) because as far as I can tell, the jobs-worths that are empoyed by the council only know what is printed in the manual, in bold and very big print!!

 

If you contact the manager of that dept direct then he/she will have been to all the meetings etc and will be aware of the anti-poverty stateogy in place for their area!! (as far as I know every local authority has one now as a result of the governments over-all anti-poverty strateogy and commitments).

 

If I were in your situation I would have the letter typed up with a nominal postal order ready for 10am in the morning (Thursday) and if the post had not been / had been but no response, then I would take it down and hand it in at the council. Then sit tight.

 

When I did this, the council removed the account from the Baillifs and allowed me 28days to make the first payment (because I had given a postal order with the letter), and then I only had to deal directly with the local authority!!!

 

Again, this is only my experiences that I am trying to put across so that you can draw from them anything that might be of use to you!!

Again, they cannot be taken as any form of advice etc.

[tonycee]

Just bare in mind though that Torquay council are 1 of the local councils whom are sending out warrant officer bailiffs and carrying out arrests, however in your case i would doubt this would happen as you are clearly in the vulnerable group, point this out to the bailiff when he/she appears.

 

 

There you go spouting off rubbish again.

 

A council cannot have you arrested without first applying to a magistrate.

 

You will then be summoned to appear.

 

Just so even you can learn something.

 

 

 

What will happen if I don't pay?

If you do not pay your Council Tax instalments on or before the due day you will initially be reminded, and if no payment is received you would subsequently...

Demand Notice

At the start of each financial year a Council Tax bill will be sent out to each domestic property within the Borough, listing the charge, with any reductions...

Instalments

Each bill lists the instalments required. It is up to the individual taxpayer to decide which method of payment suits them, but whichever method is...

Reminder/Final Notice

When an instalment becomes due, but payment hasn't been received a Reminder Notice will be issued notifying the taxpayer of their arrears, and requesting...

Complaint

After a reminder/Final Notice has been issued and you do not pay the required instalment or payment as instructed on the document, the council is then...

Summons

Once you have lost the right to pay by instalments for a given financial year, and where the full year's payment hasn't been received or an alternative...

Liability Order Hearing

On the date of the Court Hearing, there is no requirement for you to appear at court, unless you wish to contest the issue of the summons. If you contest...

Statement of Case

If you disagree with the decision made by the magistrates court to grant a liability order you can ask for a case to be stated for an opinion from the...

Request for Information

Once a liability order has been obtained, you are notified in a letter of the additional cost of £40. Enclosed with this letter is a request for...

Attachment of Earnings

Once a liability order has been granted and the Request for Information form is returned employment details can be used to contact the employer of a...

Deductions from I.S. or JSA

Once a liability order has been granted money can be taken from the payments made by the Department for Work and Pensions against people on...

Attachment of Councillors Allowances

If a liability order is obtained in the name of an elected member of the council, an order can be made to deduct money from their allowances. This would...

Charging Order

After a liability order has been granted the council is then able to apply to the County Court for a charging order. This order is lodged with the Land...

Insolvency

After a liability order has been obtained the council can make a petition the court to make the taxpayer bankrupt. If the debtor is a limited company,...

Distress

Once a liability order has been obtained distress allows the council to employ bailiffs to take goods that the individual debtor owns and to sell them,...

Committal to Prison

If the bailiffs fail to settle the outstanding debt by the levy of distress, then the council can apply to the magistrates court to have the debtor...

Frequently Asked Questions-Council Tax Recovery

Payment Questions What methods of payment are available? What will happen if I don't pay? What should I do if I can't...

[palomino]

There you go spouting off rubbish again.

 

A council cannot have you arrested without first applying to a magistrate.

 

You will then be summoned to appear.

 

Just so even you can learn something.

 

 

TC, I would interpret what kermit has said in "carrying out arrests" that Torquay council have a policy of routinely applying to the magistrates court for arrest warrants. Admittedly he hasn't expressed it very well.

[tonycee]

Admittedly he hasn't expressed it very well.

 

When he expresses his replies correctly and accurately within the law that is here to protect us, then i will not criticize.

 

Whilst anybody continues to post lies, inaccuracies, and casts doubt about that law, then they can expect no mercy from me.

 

In applying for that warrant, the council must first send you notice to inform you that is what is happening, you will then receive a summons to appear.

 

They don't just " APPEAR " to arrest you, as inferred.

[letsmakeamark]

Oh how you make me larf, but yes im in agreeance with 1 thing lets get this back on track and allow the op to have the board back, happy days

 

 

I warned the op.

[HideBehindthesofa]

I warned the op.

 

 

 

 

warned about what???

[UnitedFront]

Letsmakeamark said:

I would not be surprised if a bailiff working for the council reads what you are saying on this forum.

 

The possibility that a poster making slightly "misinformed" statements may work for this company??

 

Im not saying that this is the case, but it is quite possible, IMHO.

[kermit2482]

Letsmakeamark said:

 

The possibility that a poster making slightly "misinformed" statements may work for this company??

 

Im not saying that this is the case, but it is quite possible, IMHO.

 

 

But then again they may not!!!!!!!!!

[robin9342]

Instead of being so cryptic, you might be able to salvage some of your reputation by either confirming or denying absolutely if you are involved

[kermit2482]

Instead of being so cryptic, you might be able to salvage some of your reputation by either confirming or denying absolutely if you are involved

 

 

NO IM NOT INVOLVED, i have never come across this case and have NO knowledge of it what so ever!! In fact i rarely venture in to Torquay.

[robin9342]

Thank you for your candid reply, hope it helps the OP.

[HideBehindthesofa]

Hi Guys,

 

Just an update on what has happened now, I emailed the Chief Executive of the Council and explained the situation.

Within a few hours I had recieved a phone call from the CE and they agreed to recall the debt from the bailiff, and also they reduced my bill to just under £300 for the rest of the financial year, which has to be paid by April 2009.

So now It is all out of the way and I have just got to stick to the repayment plan which will be a lot easier.

Many thanks for all your useful posts,comments etc.

[UnitedFront]

Congratulations!! Just goes to show that when they say they cant recall it......

[letsmakeamark]

NO IM NOT INVOLVED, i have never come across this case and have NO knowledge of it what so ever!! In fact i rarely venture in to Torquay.

 

 

So then what is he trying to say i hardly venture into torquay ? He is a bailiff and he works for smiths. Typical bailiff attitude similar to waller and newton on the enforcers/cars,cops and bailiffs programme.

[Conniff]

Congratulations, now you can definately come out from behind the sofa.

 

 

While I am here, just an answer to our friend Kermit (called that because he is obviously green).

 

There is only a liability order made, there is no arrestable offence here.

 

You were doing exactly as robin said and was 'scaremongering' and trying to intimidate. Does your mother know you tell lies in public?

 

The op could NOT have been arrested even by one of your fancy named warrant officer bailiffs (are they the ones with skirts and no knickers), or anyone else.

 

But you already knew that.

 

Just bare in mind though that Torquay council are 1 of the local councils whom are sending out warrant officer bailiffs and carrying out arrests, however in your case i would doubt this would happen as you are clearly in the vulnerable group, point this out to the bailiff when he/she appears.

[tonycee]

Congratulations, now you can definitely come out from behind the sofa.

:-D

 

But you already knew that.

 

Im not convinced they actually do know the law they pertain to uphold.:???:

 

 

Great result. Job done:cool:

[robin9342]

Nice result - well done!

[tomtubby]

If anyone is in receipt of income support then they should use one of the template letters in Consumer WiKi to advise the bailiff company to return the debt back to the council so that statutory deductions can be made directly from your benefits at the statutory rate of £2.80 per week !!

 

While these deductions are in force......ALL ENFORCEMENT MUST CEASE.